FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 742 — LA Code / Code civil-code / Article 742
Acquisitive prescription.
Status: in_force

The laws governing acquisitive prescription of immovable property apply to apparent servitudes. An apparent servitude may be acquired by peaceable and uninterrupted possession of the right for ten years in good faith and by just title; it may also be acquired by uninterrupted possession for thirty years without title or good faith.

Acts 1977, No. 514, §1.
La. Ch. Code art. 514 — LA Code / Code childrens-code / Article 514
Immunity from civil or criminal liability
Status: in_force

A. In the consideration of any child abuse case, a member of a multidisciplinary team shall not be liable for civil damages while acting in the official scope of his duties if the member, in good faith, refers a report of alleged child abuse for investigation, conducts an investigation, makes an investigative judgment or disposition, or releases or uses information for the purpose of protecting a child.

B. The limitation of civil liability in Paragraph A of this Article does not apply if a multidisciplinary team member acts with gross negligence or in bad faith.

Acts 2003, No. 749, §1.
La. Code Crim. Proc. art. 950 — LA Code / Code code-of-criminal-procedure / Article 950
Authority of district attorney in emergency sessions of court
Status: in_force

A. The district attorney or prosecuting attorney, where applicable, of the affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 shall have entire charge and control of every criminal prosecution and authority in the host jurisdiction that he would otherwise have exercised in the affected court.

B. The provisions of this Article are included in the other duties of the district attorney provided by law as authorized by Article V, Section 26(B) of the Constitution of Louisiana.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
La. Code Civ. Proc. art. 2790 — LA Code / Code code-of-civil-procedure / Article 2790
Confirmed registered support order; enforcement
Status: in_force

A. At a hearing to enforce a confirmed registered support order, the obligor may present only matters that would be available to him as defenses in an action to enforce the support order in the rendering court. If he shows to the court that an appeal from the order is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal has been concluded, the time for appeal has expired, or the stay order has been vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered as required by the rendering court. If he shows to the court any ground upon which enforcement of the confirmed registered support order may be stayed, the court shall stay enforcement of the order for an appropriate period if the obligor furnishes the security for payment of the support ordered that is required by law.

B. Arrearages which accrue prior to registration of a support order shall not be modified unless there is a pending petition for modification at the time of registration of the support order. Any such modification shall be retroactive only to the date of filing of the petition for modification.

Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
La. Code Crim. Proc. art. 106 — LA Code / Code code-of-criminal-procedure / Article 106
Arrest of criminal suspect
Status: in_force

If an investigation by the coroner indicates that a crime has been committed by a person who is not in custody, the coroner may arrest him. The coroner shall deliver the person arrested to a peace officer.
La. Civ. Code art. 2686 — LA Code / Code civil-code / Article 2686
Misuse of the thing
Status: in_force

If the lessee uses the thing for a purpose other than that for which it was leased or in a manner that may cause damage to the thing, the lessor may obtain injunctive relief, dissolution of the lease, and any damages he may have sustained.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 1452 — LA Code / Code code-of-civil-procedure / Article 1452
Effect of taking or using depositions; deposing attorneys of record
Status: in_force

A. A party does not make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in Article 1450(2). At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party.

B. No attorney of record representing the plaintiff or the defendant shall be deposed except under extraordinary circumstances and then only by order of the district court after contradictory hearing.

Acts 1976, No. 574, §1. Amended by Acts 1981, No. 767, §1.
La. Civ. Code art. 1772 — LA Code / Code civil-code / Article 1772
Fault of a party
Status: in_force

A condition is regarded as fulfilled when it is not fulfilled because of the fault of a party with an interest contrary to the fulfillment.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 500 — LA Code / Code civil-code / Article 500
Shore of the sea or of a lake.
Status: in_force

There is no right to alluvion or dereliction on the shore of the sea or of lakes.

Acts 1979, No. 180, §1.
La. Civ. Code art. 774 — LA Code / Code civil-code / Article 774
Dissolution of the right of the grantor.
Status: in_force

A predial servitude is extinguished by the dissolution of the right of the person who established it.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 4395 — LA Code / Code code-of-civil-procedure / Article 4395
Opposition; homologation
Status: in_force

An opposition to an account may be filed any time prior to homologation. An opposition shall be tried as a summary proceeding.

If no opposition has been filed, the court may homologate the account at any time after the expiration of ten days from the date of service as provided in Article 4394.
La. Civ. Code art. 136.1 — LA Code / Code civil-code / Article 136.1
Award of visitation rights
Status: in_force

A child has a right to time with both parents. Accordingly, when a court-ordered schedule of visitation, custody, or time to be spent with a child has been entered, a parent shall exercise his rights to the child in accordance with the schedule unless good cause is shown. Neither parent shall interfere with the visitation, custody or time rights of the other unless good cause is shown.

Acts 2008, No. 671, §1.
La. Ch. Code art. 653 — LA Code / Code childrens-code / Article 653
Restrictive orders; discovery
Status: in_force

A. The court may limit, modify, or restrict discovery upon written motion and a showing of good cause, such as a claim of confidentiality under R.S. 46:56. Such showing may be made ex parte if the interests of justice so require.

B. If the court restricts, limits, or modifies its order, the written motion showing good cause may be sealed and shall be placed in the record of the proceeding.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 2350 — LA Code / Code civil-code / Article 2350
Alienation of movable assets of business
Status: in_force

The spouse who is the sole manager of a community enterprise has the exclusive right to alienate, encumber, or lease its movables unless the movables are issued in the name of the other spouse or the concurrence of the other spouse is required by law.

A community enterprise is a business that is not a juridical person.

Acts 1979, No. 709, §1; Acts 2017, No. 197, §1.
La. Civ. Code art. 1429 — LA Code / Code civil-code / Article 1429
Rights and obligations of income interest in trust not superseded
Status: in_force

This Chapter does not supersede the provisions of the Trust Code governing the rights and obligations of an income interest in trust with respect to payment of estate debts.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 571 — LA Code / Code civil-code / Article 571
Security
Status: in_force

The usufructuary shall give security that he will use the property subject to the usufruct as a prudent administrator and that he will faithfully fulfill all the obligations imposed on him by law or by the act that established the usufruct unless security is dispensed with. If security is required, the court may order that it be provided in accordance with law.

Acts 1976, No. 103, §1; Acts 2004, No. 158, §1.
La. Code Crim. Proc. art. 484 — LA Code / Code code-of-criminal-procedure / Article 484
Bill of particulars
Status: in_force

A motion for a bill of particulars may be filed of right in accordance with Article 521. The court, on its own motion or on motion of the defendant, may require the district attorney to furnish a bill of particulars setting forth more specifically the nature and cause of the charge against the defendant.

Supplemental bills of particulars or a new bill may be ordered by the court at least seven days before the trial begins.

When a bill of particulars is furnished, it shall be filed of record and a copy of the bill shall be given to the defendant.

Amended by Acts 1978, No. 735, §2; Acts 1981, No. 440, §1.
La. Civ. Code art. 2362.1 — LA Code / Code civil-code / Article 2362.1
Obligation incurred in an action for divorce
Status: in_force

A. An obligation incurred before the date of a judgment of divorce for attorney fees and costs in an action for divorce and in incidental actions is deemed to be a community obligation.

B. The obligation for attorney fees and costs incurred by the perpetrator of abuse or awarded against him in an action for divorce granted pursuant to Article 103(4) or (5) or in an action in which the court determines that a spouse or a child of one of the spouses was the victim of domestic abuse committed by the perpetrator during the marriage, and in incidental actions, shall be a separate obligation of the perpetrator.

Acts 1990, No. 1009, §3, eff. Jan. 1, 1991; Acts 2009, No. 204, §1; Acts 2015, No. 221, §1; Acts 2018, No. 264, §1.
La. Ch. Code art. 1126 — LA Code / Code childrens-code / Article 1126
Fiduciary duty; breach; good faith exception
Status: in_force

A. The agency or person to whom a surrender is made shall have the duty to make a good faith effort to obtain the Statement of Family History required by Articles 1124 and 1125, to deliver it to prospective adoptive parents upon placement, and to make it available, upon request, to the adopted person at the age of eighteen years or older. If the Statement of Family History is subsequently transferred to another agency or person, the new custodian of the information assumes responsibility to the adopted person.

B. Failure to comply with the provisions of this Chapter or the intentional or willful falsification of information shall constitute a breach of fiduciary duty, punishable by a fine of not less than one hundred nor more than five hundred dollars. Should the agency or person to whom a surrender is made fail to obtain all information required for the Statement of Family History, the agency or person shall document by affidavit the good faith efforts made to obtain such information and that such efforts were unproductive.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1108, §1; Acts 2008, No. 583, §1.
La. Civ. Code art. 546 — LA Code / Code civil-code / Article 546
Usufruct in favor of successive usufructuaries.
Status: in_force

Usufruct may be established in favor of successive usufructuaries.

Acts 1976, No. 103, §1.
La. Civ. Code art. 1896 — LA Code / Code civil-code / Article 1896
Rules of imputation of payment
Status: in_force

If an obligor owes more than one obligation subject to compensation, the rules of imputation of payment must be applied.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2939 — LA Code / Code civil-code / Article 2939
Retention of the deposit
Status: in_force

The depositary may retain the thing deposited until his claims arising from the contract of deposit are paid. He may not retain the thing until payment of a claim unrelated to the contract of deposit or by way of setoff.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Civ. Code art. 730 — LA Code / Code civil-code / Article 730
Interpretation of servitude.
Status: in_force

Doubt as to the existence, extent, or manner of exercise of a predial servitude shall be resolved in favor of the servient estate.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 963 — LA Code / Code code-of-civil-procedure / Article 963
Ex parte, contradictory, and unopposed motions; rule to show cause
Status: in_force

A. If the order applied for by written motion is one to which the mover is clearly entitled without supporting proof, the court may grant the order ex parte and without hearing the adverse party.

B. If the order applied for by written motion is one to which the mover is not clearly entitled, or which requires supporting proof, the motion shall be served on and tried contradictorily with the adverse party.

C. The rule to show cause is a contradictory motion.

D. An unopposed motion is one to which all affected parties have consented prior to the filing of the motion. The mover shall certify in the motion that the mover has obtained the consent of all affected parties both to the motion and to the accompanying order that is presented to the court. Failure to certify that all affected parties have consented requires the motion to be set for contradictory hearing.

Acts 2023, No. 5, §1.
La. Ch. Code art. 1303.3 — LA Code / Code childrens-code / Article 1303.3
Application of law of state
Status: in_force

Except as otherwise provided by this Chapter, a responding tribunal of this state shall:

(1) Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(2) Determine the duty of support and the amounts payable in accordance with the law and support guidelines 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. Civ. Code art. 2754 — LA Code / Code civil-code / Article 2754
Liability for loss or damage.
Status: in_force

Carriers and waterman [watermen] are liable for the loss or damage of the things intrusted to their care, unless they can prove that such loss or damage has been occasioned by accidental and uncontrollable events.
La. Civ. Code art. 511 — LA Code / Code civil-code / Article 511
Ownership of new thing made with materials of another.
Status: in_force

When one uses materials of another to make a new thing, the thing belongs to the owner of the materials, regardless of whether they may be given their earlier form. The owner is bound to reimburse the value of the workmanship.

Nevertheless, when the value of the workmanship substantially exceeds that of the materials, the thing belongs to him who made it. In this case, he is bound to reimburse the owner of the materials their value.

Acts 1979, No. 180, §1.
La. Code Civ. Proc. art. 5055 — LA Code / Code code-of-civil-procedure / Article 5055
Number; gender
Status: in_force

Unless the context clearly indicates otherwise:

(1) Words used in the singular number apply also to the plural; words used in the plural number include the singular; and

(2) Words used in one gender apply also to the others.
La. Civ. Code art. 237 — LA Code / Code civil-code / Article 237
Obligation of providing the basic necessities of life; ascendants and descendants; exceptions
Status: in_force

Descendants are bound to provide the basic necessities of life to their ascendants who are in need, upon proof of inability to obtain these necessities by other means or from other sources, and ascendants are likewise bound to provide for their needy descendants, this obligation being reciprocal.

This obligation is strictly personal and is limited to the basic necessities of food, clothing, shelter, and health care.

This obligation is owed by descendants and ascendants in the order of their degree of relationship to the obligee and is joint and divisible among obligors. Nevertheless, if the obligee is married, the obligation of support owed by his descendants and ascendants is secondary to the obligation owed by his spouse.

Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
La. Code Civ. Proc. art. 3513 — LA Code / Code code-of-civil-procedure / Article 3513
Sale of perishable property
Status: in_force

Perishable property seized under a writ of attachment or of sequestration may be sold as provided in Article 2333. The proceeds of such a sale shall be held by the sheriff subject to the orders of the court.

Nothing contained herein shall be construed to prohibit the release of such property upon furnishing of security.
La. Code Crim. Proc. art. 409 — LA Code / Code code-of-criminal-procedure / Article 409
Selection of general venire in Orleans Parish
Status: in_force

A. In the parish of Orleans, the jury commission shall select impartially at least seven hundred fifty persons having the qualifications to serve as jurors, who shall constitute the general venire.

B. A list of the persons so selected shall be prepared and certified by the commission as the general venire list and shall be kept as part of the records of the commission.

C. The name and address of each person on the list shall be written on a separate slip of paper, with no designation as to race or color, which shall be placed in a box labeled "General Venire Box."

D. No drawing shall be made from a general venire containing fewer than seven hundred fifty names, except when the court orders the drawing of tales jurors.

E. After the jury commission has selected the general venire, it shall lock and seal the general venire box and deliver it to the secretary of the commission, as the custodian thereof.

Amended by Acts 1968, No. 140, §2; Acts 2013, No. 220, §26, eff. June 11, 2013.
La. Ch. Code art. 526 — LA Code / Code childrens-code / Article 526
Immunity from civil or criminal liability
Status: in_force

A. A board member, staff member, or volunteer of a child advocacy center shall not be liable for civil damages, while acting in the official scope of his or her duties, if the person in good faith makes a recommendation, gives an opinion or releases or uses information for the purpose of protecting a child.

B. The limitation of civil liability in Paragraph A of this Article does not apply if a board member, staff member, or volunteer of a child advocacy center acts with gross negligence or in bad faith.

Acts 2003, No. 749, §1.
La. Code Civ. Proc. art. 1039 — LA Code / Code code-of-civil-procedure / Article 1039
Effect of dismissal of principal action
Status: in_force

If an incidental demand has been pleaded prior to motion by plaintiff in the principal action to dismiss the principal action, a subsequent dismissal thereof shall not in any way affect the incidental action, which must be tried and decided independently of the principal action.
La. Code Civ. Proc. art. 3121 — LA Code / Code code-of-civil-procedure / Article 3121
Attorney appointed as administrator of vacant successions; exceptions
Status: in_force

When no qualified person has petitioned for appointment as administrator of a vacant succession within three months of the death of the deceased, the court may appoint an attorney at law as administrator thereof and set his compensation. Said attorney shall be selected, on a rotating basis, from a list of attorneys currently practicing in the parish in which the succession is to be opened.

The attorney shall be required to furnish security as required by law. Otherwise, all of the provisions of law relating to the administrator of a succession apply to the attorney when appointed administrator of a vacant succession.

This article does not apply to any parish for which a public administrator has been appointed.

Amended by Acts 1961, No. 23, §1; Acts 1974, No. 530, §1.
La. Code Crim. Proc. art. 349.8 — LA Code / Code code-of-criminal-procedure / Article 349.8
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Ch. Code art. 1010 — LA Code / Code childrens-code / Article 1010
Petitions for disclosure
Status: in_force

The child or if still a minor, his legal representative on his behalf, may file a petition for disclosure of information pertaining to the termination of parental rights proceeding. The action shall be styled: "In re the termination of parental rights to____________________".

Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
La. Civ. Code art. 3413 — LA Code / Code civil-code / Article 3413
Wild animals, birds, fish, and shellfish
Status: in_force

Wild animals, birds, fish, and shellfish in a state of natural liberty either belong to the state in its capacity as a public person or are things without an owner. The taking of possession of such things is governed by particular laws and regulations.

The owner of a tract of land may forbid entry to anyone for purposes of hunting or fishing, and the like. Nevertheless, despite a prohibition of entry, captured wildlife belongs to the captor.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Ch. Code art. 1604 — LA Code / Code childrens-code / Article 1604
Definitions
Status: in_force

As used in this compact, unless the context clearly requires a different construction:

(1) "Adoption assistance" means the payment or payments for maintenance of a child, which payment or payments are made or committed to be made pursuant to the adoption assistance program established by the laws of a party state.

(2) "Adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.

(3) "Child with special needs" means a minor who has not yet attained the age at which the state normally discontinues children's services or twenty-one, where the state determines that the child's mental or physical handicaps warrant the continuation of assistance, for whom the state has determined the following:

(a) That the child cannot or should not be returned to the home of his parents.

(b) That there exists with respect to the child a specific factor or condition, such as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical condition or physical, mental, or emotional handicaps, because of which it is reasonable to conclude that such child cannot be placed with adoptive parents without providing adoption assistance.

(c) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable but unsuccessful effort has been made to place the child with appropriate adoptive parents without providing adoption assistance payments.

(4) "Parents" means either the singular or plural of the word "parent".

(5) "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.

(6) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
La. Civ. Code art. 663 — LA Code / Code civil-code / Article 663
Projections over boundary.
Status: in_force

A landowner may not build projections beyond the boundary of his estate.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 858 — LA Code / Code code-of-criminal-procedure / Article 858
Review of ruling on motion for new trial
Status: in_force

Neither the appellate nor supervisory jurisdiction of the supreme court may be invoked to review the granting or the refusal to grant a new trial, except for error of law.