FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 294 — LA Code / Code code-of-criminal-procedure / Article 294
Examination of witnesses; transcript of testimony
Status: in_force

A. At the preliminary examination the state and the defendant may produce witnesses, who shall be examined in the presence of the defendant and shall be subject to cross-examination. The defendant may also testify, subject to cross-examination. A record of the preliminary examination proceedings shall be made.

B. Except upon an order issued by the court pursuant to a motion filed by the defendant, a defendant who is charged with a crime against a juvenile may not subpoena the victim to testify at the preliminary examination.

C. A transcript of the testimony of the witnesses, including that of the defendant, may be made by the court or under its direction and, if made, shall be signed and certified by the person taking the testimony.

D. Upon motion of the state or the defendant, a transcript of the preliminary examination proceedings may be made. The cost of the transcript preparation under this Paragraph shall be paid by the party making the motion, unless the party is an indigent defendant.

E. The procedures set forth in Articles 322 through 329 of the Louisiana Children's Code and R.S. 15:440.1 and 283, relative to those procedures which provide protection for children who are victims of physical or sexual abuse, shall apply to all trial and pretrial procedures.

Acts 1986, No. 1029, §1; Acts 1994, 3rd Ex. Sess., No. 142, §1.
La. Ch. Code art. 660 — LA Code / Code childrens-code / Article 660
Order of adjudication hearing
Status: in_force

The court shall determine the order of the presentation of evidence at an adjudication hearing.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Code Evid. art. 517 — LA Code / Code code-of-evidence / Article 517
Subpoena of accountant; civil, juvenile, administrative proceedings
Status: in_force

A. General rule. Neither a subpoena nor a court order shall be issued to an accountant or his representative to appear or testify in any civil or juvenile proceeding, including pretrial discovery, or in an administrative investigation or hearing, except proceedings by the State Board of Accountancy as provided in the Louisiana Accountancy Act, where the purpose of the subpoena or order is to ask the accountant or his representative to reveal information about a client or former client obtained in the course of representing the client unless the court determines, after a contradictory hearing held after service of actual notice to the accountant and the client at least ten days prior to the contradictory hearing, that the information sought is not protected from disclosure by any applicable privilege or work product rule and all of the following apply:

(1) The information sought is essential to the successful completion of an ongoing investigation, is essential to the case of the party seeking the information, and is not merely peripheral, cumulative, or speculative.

(2) The purpose of seeking the information is not to harass the accountant or his client.

(3) With respect to a subpoena, the subpoena lists the information sought with particularity, is reasonably limited as to subject matter and period of time, and gives timely notice.

(4) There is no practicable alternative means of obtaining the information.

B. Waiver. Failure to object timely to noncompliance with the terms of this Article constitutes a waiver of the procedural protections of this Article, but does not constitute a waiver of any privilege.

C. Binding effect of determination; notice to client. The determination that an accountant-client privilege is not applicable to the testimony shall not bind the client or former client unless the client or former client was given notice within the time period set forth in Subsection A of this Section, of the time, place, and substance of the hearing and had an opportunity fully to participate in that hearing.

D. Scope. Nothing in this Article is intended to affect the absolute privileges against disclosure in R.S. 37:86(B) through (E).

Acts 2001, No. 954, §1.
La. Code Crim. Proc. art. 104 — LA Code / Code code-of-criminal-procedure / Article 104
Employment of expert assistants
Status: in_force

The coroner may use expert assistants in the conduct of an investigation, or in the performance of an autopsy.
La. Code Crim. Proc. art. 435 — LA Code / Code code-of-criminal-procedure / Article 435
Meetings of grand jury
Status: in_force

The grand jury shall meet as directed by the court, or may meet on its own initiative at the direction of nine of its members, at any time and place within the parish. Nine grand jurors shall constitute a quorum, and nine grand jurors must concur to find an indictment.

Amended by Acts 1975, 1st Ex.Sess., No. 45, §2, eff. Feb. 20, 1975.
La. Code Crim. Proc. art. 512 — LA Code / Code code-of-criminal-procedure / Article 512
Assignment of counsel in capital cases
Status: in_force

When a defendant charged with a capital offense appears for arraignment without counsel, the court shall provide counsel for his defense in accordance with the provisions of R.S. 15:141 et seq. Such counsel must be assigned before the defendant pleads to the indictment, but may be assigned earlier. Counsel assigned in a capital case must have been admitted to the bar for at least five years. An attorney with less experience may be assigned as assistant counsel.

Amended by Acts 1976, No. 653, §2; Acts 2010, No. 861, §2.
La. Civ. Code art. 2597 — LA Code / Code civil-code / Article 2597
Condition in which property is returned to seller; reimbursement of buyer for improvements
Status: in_force

When rescission is granted for lesion the seller must take back the immovable in the state it is at that time. The buyer is not liable to the seller for any deterioration or loss sustained by the immovable before the demand for rescission was made, unless the deterioration or loss was turned into profit for the buyer.

The seller must reimburse the buyer for the expenses of the sale and for those incurred for the improvement of the immovable, even if the improvement was made solely for the convenience of the buyer.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 325 — LA Code / Code childrens-code / Article 325
Exception to hearsay rule
Status: in_force

The videotape authorized by this Chapter is hereby admissible in evidence as an exception to the hearsay rule.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 1073 — LA Code / Code code-of-civil-procedure / Article 1073
Additional parties
Status: in_force

Persons other than those made parties to the original action may be made parties to a cross-claim.

Added by Acts 1983, No. 63, §1.
La. Civ. Code art. 631 — LA Code / Code civil-code / Article 631
Establishment and extinction.
Status: in_force

The right of habitation is established and extinguished in the same manner as the right of usufruct.

Acts 1976, No. 103, §1.
La. Code Crim. Proc. art. 822 — LA Code / Code code-of-criminal-procedure / Article 822
Motion for amending or modifying sentence
Status: in_force

A.(1) Should the court on its own motion or on motion of the defendant consider setting aside a guilty verdict or a plea of guilty or, after the sentence is imposed, consider amending or modifying the sentence imposed, the district attorney shall be notified and the motion shall be tried contradictorily with the district attorney unless the district attorney waives such contradictory hearing.

(2) Such motions include but are not limited to motions for a new trial, motions in arrest of judgment, motions for amendment, modification, or reconsideration of sentence, and motions for modification of conditions of probation or termination of probation.

B. Additionally, if at any time after sentence is imposed, the defendant seeks the production of all or any portion of the district attorney's file in a criminal proceeding, the request for production shall be presented by written motion, which shall be tried contradictorily with the district attorney.

C. Each motion to set aside a guilty verdict or plea of guilty and each motion to amend or modify a sentence imposed shall be filed, considered, and decided in compliance with Code of Criminal Procedure Articles 881 and 881.1.

Acts 1997, No. 1321, §1; Acts 2001, No. 937, §1.
La. Code Civ. Proc. art. 2504 — LA Code / Code code-of-civil-procedure / Article 2504
Specific performance; court directing performance by third party
Status: in_force

If a judgment directs a party to perform a specific act, and he fails to comply within the time specified, the court may direct the act to be done by the sheriff or some other person appointed by the court, at the cost of the disobedient party, and with the same effect as if done by the party.
La. Ch. Code art. 912 — LA Code / Code childrens-code / Article 912
Resolution of grievances while under an order of commitment
Status: in_force

A. When committed to the custody of the department of Public Safety and Corrections, a child shall have the right to file a grievance concerning his care, custody, and control and have it resolved pursuant to Louisiana Administrative Code, Section 22:I:325, the administrative remedy procedure.

B. Upon exhausting his administrative remedies, any child who is still aggrieved by an adverse decision by the department may seek judicial review of that decision by applying, within thirty days after receipt of the department's decision, to the juvenile court which entered the order of commitment.

C. If represented by counsel, the application shall be in the form of a petition. If unrepresented, the child may secure court review by writing a letter to the court outlining the facts of his complaint and the steps he had taken to secure administrative redress of his grievance.

D. If the court concludes that all administrative remedies have been exhausted and that the child's grievance appears to have merit, it shall proceed to schedule a contradictory hearing to resolve the grievance.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 2813 — LA Code / Code civil-code / Article 2813
The right of a partner to obtain information.
Status: in_force

A partner may inform himself of the business activities of the partnership and may consult its books and records, even if he has been excluded from management. A contrary agreement is null.

He may not exercise his right in a manner that unduly interferes with the operations of the partnership or prevents other partners from exercising their rights in this regard.

Acts 1980, No. 150, §1.
La. Civ. Code art. 765 — LA Code / Code civil-code / Article 765
Confusion.
Status: in_force

A predial servitude is extinguished when the dominant and the servient estates are acquired in their entirety by the same person.

Acts 1977, No. 514, §1.
La. Civ. Code art. 2663 — LA Code / Code civil-code / Article 2663
Rescission for lesion in contracts of exchange
Status: in_force

A party giving a corporeal immovable in exchange for property worth less than one half of the fair market value of the immovable given by him may claim rescission on grounds of lesion beyond moiety.

Acts 2010, No. 186, §1.
La. Civ. Code art. 2369.6 — LA Code / Code civil-code / Article 2369.6
Alienation, encumbrance, or lease of movable assets of former community enterprise
Status: in_force

The spouse who is the sole manager of a former community enterprise may alienate, encumber, or lease its movables in the regular course of business.

Acts 1995, No. 433, §1.
La. Civ. Code art. 1735 — LA Code / Code civil-code / Article 1735
Form
Status: in_force

The donation shall be made by a single instrument in authentic form. The instrument, which shall expressly state that the donor makes the donation in contemplation of the marriage of the prospective spouses, shall be signed at the same time and at the same place by the donor and by both of the prospective spouses.

The donation need not be accepted in express terms.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Ch. Code art. 613 — LA Code / Code childrens-code / Article 613
Entry orders
Status: in_force

A. If in the course of an investigation of a report, admission cannot be obtained to the home, school, or any other place where the child may be found, the investigator shall apply to the juvenile court for an order authorizing an entry for the purposes of interviewing the child and other members of the household, for the visual inspection of the child, and for an inspection of the home to the extent such an inspection is essential to the investigation of specific allegations. The affidavit of the applicant must demonstrate:

(1) That reasonable suspicion exists that the child has been abused or neglected.

(2) That entry has been denied.

B. The court may grant such an order on an ex parte application and may also order a law enforcement officer to accompany the applicant in executing the entry order.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Civ. Code art. 2529 — LA Code / Code civil-code / Article 2529
Thing not of the kind specified in the contract
Status: in_force

When the thing the seller has delivered, though in itself free from redhibitory defects, is not of the kind or quality specified in the contract or represented by the seller, the rights of the buyer are governed by other rules of sale and conventional obligations.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 3751 — LA Code / Code code-of-civil-procedure / Article 3751
Notice to be recorded to affect third persons
Status: in_force

The pendency of an action or proceeding in any court, state or federal, in this state affecting the title to, or asserting a mortgage or privilege on, immovable property does not constitute notice to a third person not a party thereto unless a notice of the pendency of the action or proceeding is made, and filed or recorded, as required by Article 3752.
La. Civ. Code art. 3543 — LA Code / Code civil-code / Article 3543
Issues of conduct and safety
Status: in_force

Issues pertaining to standards of conduct and safety are governed by the law of the state in which the conduct that caused the injury occurred, if the injury occurred in that state or in another state whose law did not provide for a higher standard of conduct.

In all other cases, those issues are governed by the law of the state in which the injury occurred, provided that the person whose conduct caused the injury should have foreseen its occurrence in that state.

The preceding paragraph does not apply to cases in which the conduct that caused the injury occurred in this state and was caused by a person who was domiciled in, or had another significant connection with, this state. These cases are governed by the law of this state.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 706 — LA Code / Code civil-code / Article 706
Servitudes; affirmative or negative.
Status: in_force

Predial servitudes are either affirmative or negative.

Affirmative servitudes are those that give the right to the owner of the dominant estate to do a certain thing on the servient estate. Such are the servitudes of right of way, drain, and support.

Negative servitudes are those that impose on the owner of the servient estate the duty to abstain from doing something on his estate. Such are the servitudes of prohibition of building and of the use of an estate as a commercial or industrial establishment.

Acts 1977, No. 514, §1.
La. Civ. Code art. 3306 — LA Code / Code civil-code / Article 3306
Judgment against person deceased
Status: in_force

A judicial mortgage burdens the property of the judgment debtor only and does not burden other property of his heirs or legatees who have accepted his succession.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
La. Ch. Code art. 1302.8 — LA Code / Code childrens-code / Article 1302.8
Child support orders for two or more obligees
Status: in_force

In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Crim. Proc. art. 468 — LA Code / Code code-of-criminal-procedure / Article 468
Date and time
Status: in_force

The date or time of the commission of the offense need not be alleged in the indictment, unless the date or time is essential to the offense.

If the date or time is not essential to the offense, an indictment shall not be held insufficient if it does not state the proper date or time, or if it states the offense to have been committed on a day subsequent to the finding of the indictment, or on an impossible day.

All allegations of the indictment and bill of particulars shall be considered as referring to the same date or time, unless otherwise stated.
La. Code Civ. Proc. art. 4569 — LA Code / Code code-of-civil-procedure / Article 4569
Post-judgment monitoring and reporting
Status: in_force

A. A curator with responsibility for affairs of the interdict shall file an account annually, upon the termination of his office, and at any other time ordered by the court. A curator with responsibility for the person of an interdict shall file a personal report describing the location and condition of the interdict annually, upon the termination of his responsibilities, and at any other time ordered by the court. At the time of filing, the curator shall send copies of any required account or personal report by first class United States mail postage prepaid to the undercurator and any successor curator. The provisions of Articles 4393 and 4398 shall apply to accounts by curators.

B. The court may appoint an examiner at any time to review an account or personal report of the curator, to interview the interdict, curator, or undercurator, or to make any other investigation. At any time, the court may appoint an attorney to represent the interdict.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
La. Civ. Code art. 3152 — LA Code / Code civil-code / Article 3152
Pledge of a thing not owned
Status: in_force

A pledge given over a thing that the pledgor does not own is established when the thing is acquired by the pledgor and the other requirements for the establishment of the pledge have been satisfied.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Civ. Proc. art. 2592 — LA Code / Code code-of-civil-procedure / Article 2592
Use of summary proceedings
Status: in_force

Summary proceedings may be used for trial or disposition of the following matters only:

(1) An incidental question arising in the course of judicial proceedings, including the award of and the determination of reasonableness of attorney fees.

(2) An application for a new trial.

(3) An issue which may be raised properly by an exception, contradictory motion, or rule to show cause.

(4) An action against the surety on a judicial bond after judgment has been obtained against the principal, or against both principal and surety when a summary proceeding against the principal is permitted.

(5) The homologation of a judicial partition, of a tableau of distribution or account filed by a legal representative, or of a report submitted by an auditor, accountant, or other expert appointed by the court; and an opposition to any of the foregoing, to the appointment of a legal representative, or to a petition for authority filed by a legal representative.

(6) A habeas corpus, mandamus, or quo warranto proceeding.

(7) The determination of the rank of mortgages, liens, and privileges on property sold judicially, and of the order of distribution of the proceeds thereof.

(8) The original granting of, subsequent change in, or termination of custody, visitation, and support for a child; support for a spouse; injunctive relief; support between ascendants and descendants; use and occupancy of the family home or use of community movables or immovables; or use of personal property.

(9) An action to compel an accounting at termination of parental authority; and an action to seek court approval to alienate, encumber, or lease the property of a minor, to incur an obligation of a minor, or to compromise the claim of a minor.

(10) An action to annul a probated testament under Article 2931.

(11) An action to enforce the right to a written accounting provided for in R.S. 9:2776.

(12) An action for dissolution or specific performance of a compromise entered pursuant to Article 1916(B) or by consent judgment.

(13) All other matters in which the law permits summary proceedings to be used.

Amended by Acts 1964, No. 4, §1; Acts 1974, No. 130, §1; Acts 1976, No. 321, §1; Acts 1984, No. 90, §1; Acts 1986, No. 116, §1; Acts 1987, No. 565, §2; Acts 1988, No. 817, §3, eff. July 18, 1988; Acts 1989, No. 118, §1; Acts 1990, No. 1008, §4, eff. Jan. 1, 1991; Acts 1990, No. 1009, §4, eff. Jan. 1, 1991; Acts 1992, No. 688, §1, eff. July 6, 1992; Acts 2008, No. 824, §3, eff. Jan. 1, 2009; Acts 2015, No. 260, §2, eff. Jan. 1, 2016; Acts 2015, No. 379, §2, eff. Aug. 1, 2016.
La. Ch. Code art. 1642 — LA Code / Code childrens-code / Article 1642
Financial responsibility for children
Status: in_force

NOTE: Art. 1642 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

Financial responsibility for any child placed under this compact shall be determined in accordance with Article 1629. However, in the event of partial or complete default of performance, other provisions of law may also be invoked.

Acts 2010, No. 893, §1.
La. Code Civ. Proc. art. 3159 — LA Code / Code code-of-civil-procedure / Article 3159
Issuance of letters to succession representative
Status: in_force

After the person appointed or confirmed as succession representative has qualified by furnishing the security required of him by law, and by taking his oath of office, the clerk shall issue to him letters of administration or letters testamentary, as the case may be.

These letters, issued in the name and under the seal of the court, evidence the confirmation or appointment of the succession representative, his qualification, and his compliance with all requirements of law relating thereto.
La. Code Civ. Proc. art. 641 — LA Code / Code code-of-civil-procedure / Article 641
Joinder of parties needed for just adjudication
Status: in_force

A person shall be joined as a party in the action when either:

(1) In his absence complete relief cannot be accorded among those already parties.

(2) He claims an interest relating to the subject matter of the action and is so situated that the adjudication of the action in his absence may either:

(a) As a practical matter, impair or impede his ability to protect that interest.

(b) Leave any of the persons already parties subject to a substantial risk of incurring multiple or inconsistent obligations.

Acts 1995, No. 662, §1.
La. Code Crim. Proc. art. 105 — LA Code / Code code-of-criminal-procedure / Article 105
Coroner's report; admissibility in evidence
Status: in_force

In a case involving the apparent commission of a crime, the coroner shall make a written report of his investigation to the district attorney within ten days after the completion thereof. In homicide cases the coroner's report shall certify the cause of death.

The report shall be in addition to the procès verbal of an autopsy required by R.S. 13:5715.

A coroner's report and a procès verbal of an autopsy shall be competent evidence of death and the cause thereof, but not of any other fact.