FrankGoortani/open-us-law huggingface dataset:
La. Code Evid. art. 702 — LA Code / Code code-of-evidence / Article 702
Testimony by experts
Status: in_force

A. A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:

(1) The expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(2) The testimony is based on sufficient facts or data;

(3) The testimony is the product of reliable principles and methods; and

(4) The expert's opinion reflects a reliable application of the principles and methods to the facts of the case.

B. This Article shall also govern expert witnesses on the issue of memory and eyewitness identification. In a criminal case, if a party seeks to offer the testimony of a memory and eyewitness identification expert under this Article, such expert testimony may be considered for admission only if all provisions of Paragraph A of this Article are satisfied. A memory and eyewitness identification expert's testimony may not be admitted under this Article if there is physical or scientific evidence that corroborates the eyewitness identification of the defendant. An expert's testimony admitted under this Paragraph shall not offer an opinion as to whether a witness's memory or eyewitness identification is accurate.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989; Acts 2014, No. 630, §1; Acts 2019, No. 115, §1, eff. June 5, 2019; Acts 2024, No. 88, §1.

NOTE: No changes in law or result in a ruling on evidence admissibility shall be presumed or is intended by the Legislature of Louisiana by the passage of Acts 2014, No. 630.
La. Civ. Code art. 1864 — LA Code / Code civil-code / Article 1864
Imputation by obligor
Status: in_force

An obligor who owes several debts to an obligee has the right to impute payment to the debt he intends to pay.

The obligor's intent to pay a certain debt may be expressed at the time of payment or may be inferred from circumstances known to the obligee.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 2541 — LA Code / Code code-of-civil-procedure / Article 2541
Execution of foreign judgments
Status: in_force

A. A party seeking recognition or execution by a Louisiana court of a judgment or decree of a court of the United States or a territory thereof, or of any other state, or of any foreign country may bring an ordinary proceeding against the judgment debtor in the proper Louisiana court, to have the judgment or decree recognized and made the judgment of the Louisiana court.

B. A duly authenticated copy of the judgment or decree must be annexed to the petition.

C. A judgment, decree, or order of a court of the United States or any other court that is entitled to full faith and credit in this state may also be enforced pursuant to R.S. 13:4241.

Acts 1985, No. 464, §2; Acts 2016, No. 132, §1.
La. Civ. Code art. 1312 — LA Code / Code civil-code / Article 1312
Partition suits by tutors and curators.
Status: in_force

Tutors of minors, and curators of persons interdicted have the right to institute in their names suits for the partition of the effects of successions, whether movable or immovable, falling to minors or persons interdicted, provided they are specially authorized by the judge on the advice of the family meeting.
La. Civ. Code art. 2369.8 — LA Code / Code civil-code / Article 2369.8
Right to partition; no exclusion by agreement; judicial partition
Status: in_force

A spouse has the right to demand partition of former community property at any time. A contrary agreement is absolutely null.

If the spouses are unable to agree on the partition, either spouse may demand judicial partition which shall be conducted in accordance with R.S. 9:2801.

Acts 1995, No. 433, §1.
La. Civ. Code art. 509 — LA Code / Code civil-code / Article 509
Value or bulk as a basis to determine principal thing.
Status: in_force

In case of doubt as to which is a principal thing and which is an accessory, the most valuable, or the most bulky if value is nearly equal, shall be deemed to be principal.

Acts 1979, No. 180, §1.
La. Civ. Code art. 2333 — LA Code / Code civil-code / Article 2333
Minors
Status: in_force

A minor under the age of sixteen may not enter into a matrimonial agreement. A minor sixteen or seventeen years of age may not enter into a matrimonial agreement without judicial authorization and the written concurrence of his father and mother, or of the parent having his legal custody, or of the tutor of his person.

Acts 1979, No. 709, §1; Acts 2019, No. 401, §1.
La. Code Civ. Proc. art. 612 — LA Code / Code code-of-civil-procedure / Article 612
Representation
Status: in_force

One or more members of the class, who will fairly ensure the adequate representation of all members, may sue or be sued in a derivative class action on behalf of all members.

Acts 1997, No. 839, §1, eff. July 1, 1997.
La. Civ. Code art. 1399 — LA Code / Code civil-code / Article 1399
Definitive partitions involving minors, interdicts, or absent persons
Status: in_force

When partitions, in which minors, persons interdicted, or absent persons are interested, have been made with all the formalities prescribed by law for judicial partitions, they can not be rescinded for any other causes than those which would authorize the rescission of partitions made by persons of age and present.

Acts 1991, No. 107, §1.
La. Civ. Code art. 2945 — LA Code / Code civil-code / Article 2945
Limitation of innkeeper's liability
Status: in_force

The innkeeper's liability to guests, whether contractual or delictual, for stolen or damaged personal belongings that were not delivered to the innkeeper, is limited to five hundred dollars if he provides a safe deposit facility for such belongings and if he posts notice of the availability of a safe, unless the innkeeper has assumed greater liability by a separate written contract.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Code Civ. Proc. art. 4171 — LA Code / Code code-of-civil-procedure / Article 4171
Oath
Status: in_force

Before the person appointed as tutor enters upon the performance of his official duties, he must take an oath to discharge faithfully the duties of his office. A natural tutor shall include in his oath a list of the parishes in which he owns immovable property.
La. Ch. Code art. 1622 — LA Code / Code childrens-code / Article 1622
Appointment of compact administrator
Status: in_force

NOTE: Art. 1622 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

The governor is hereby authorized to appoint a compact administrator in accordance with the terms of Article 1614.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
La. Code Civ. Proc. art. 2124 — LA Code / Code code-of-civil-procedure / Article 2124
Security to be furnished for an appeal
Status: in_force

A. No security is required for a devolutive appeal.

B. The security to be furnished for a suspensive appeal is determined in accordance with the following rules:

(1) When the judgment is for a sum of money, the amount of the security shall be equal to the amount of the judgment, including the interest allowed by the judgment to the date the security is furnished, exclusive of the costs.

(a) However, in all cases, except litigation related to the Tobacco Master Settlement Agreement, or any litigation where the state is a judgment creditor, where the amount of the judgment exceeds one hundred fifty million dollars, the trial court, upon motion and after a hearing, may, in the exercise of its broad discretion, fix the security in an amount sufficient to protect the rights of the judgment creditor while at the same time preserving the favored status of appeals in Louisiana.

(b) The time for taking the suspensive appeal under Article 2123 shall be interrupted for judgments pursuant to Article 2124(B)(1)(a) until the trial court fixes the amount of the security and commences anew on the date the security is fixed.

(2) When the judgment distributes a fund in custodia legis, only security sufficient to secure the payment of costs is required.

(3) In all other cases, the security shall be fixed by the trial court at an amount sufficient to assure the satisfaction of the judgment, together with damages for the delay resulting from the suspension of the execution.

C. Where the party seeking to appeal from a judgment for a sum of money is aggrieved by the amount of the security fixed by the trial court, the party so aggrieved may seek supervisory writs to review the appropriateness of the determination of the trial court in fixing the security. The application for supervisory writ shall be heard by the court of appeal on a priority basis. The time for taking a suspensive appeal under Article 2123 shall be interrupted until the appellate court acts on the supervisory writs to review the determination of the trial court in fixing the security and commences anew on the date the action is taken.

D. For good cause shown, the trial judge in the case of the appeal of a money judgment to be secured by a surety bond may fix the amount of the security at an amount not to exceed one hundred fifty percent of the amount of the judgment, including the interest allowed by the judgment to the date the security is furnished, exclusive of the costs.

E. A suspensive appeal bond shall provide, in substance, that it is furnished as security that the appellant will prosecute his appeal, that any judgment against him will be paid or satisfied from the proceeds of the sale of his property, or that otherwise the surety is liable for the amount of the judgment.

Amended by Acts 1977, No. 176, §1, eff. Jan. 1, 1978; Acts 1988, No. 444, §1, eff. Jan. 1, 1989; Acts 1989, No. 307, §2; Acts 2001, No. 450, §1, eff. June 19, 2001.

{{NOTE: SEE ACTS 1988, NO. 444, §2.}}
La. Code Civ. Proc. art. 682 — LA Code / Code code-of-civil-procedure / Article 682
Individuals having procedural capacity
Status: in_force

A competent major and a competent emancipated minor have the procedural capacity to sue.
La. Code Civ. Proc. art. 2456 — LA Code / Code code-of-civil-procedure / Article 2456
Contempt
Status: in_force

If the motion and order have been served personally on the judgment debtor, as provided by law or if service is obtained pursuant to Article 1261, and the judgment debtor refuses to appear for the examination or to produce his books, papers, or other documents when ordered to do so, or if he refuses to answer any question held pertinent by the court, the judgment debtor may be punished for contempt.

Amended by Acts 1988, No. 37, §1, eff. June 10, 1988.
La. Ch. Code art. 602 — LA Code / Code childrens-code / Article 602
General applicability
Status: in_force

Except as otherwise specified in this Title, all provisions of the Code remain applicable.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 438 — LA Code / Code code-of-criminal-procedure / Article 438
Duty of grand juror having knowledge of offense; investigation
Status: in_force

If a grand juror knows or has reason to believe that an offense triable by the district court of the parish has been committed, he shall declare such fact to his fellow jurors, who may investigate it. In such investigation or any subsequent criminal proceeding the grand juror shall be a competent witness.
La. Ch. Code art. 1507 — LA Code / Code childrens-code / Article 1507
Constructive contempt
Status: in_force

A constructive contempt of court is any contempt other than a direct one, including but not limited to the following:

(1) Willful neglect or violation of duty by a clerk, sheriff, or other person elected, appointed, or employed to assist the court in the administration of justice.

(2) Willful disobedience of any lawful judgment, order, mandate, writ, or process of the court.

(3) Removal or attempted removal of any person or property in the custody of an officer acting under authority of a judgment, order, mandate, writ, or process of the court.

(4) Deceit or abuse of the process or procedure of the court by a party to an action or proceeding, or by his attorney.

(5) Unlawful detention of a witness, party, or his attorney, while going to, remaining at, or returning from the court where the action or proceeding is to be tried.

(6) Assuming to act as an attorney or other officer of the court, without lawful authority.

(7) Comment by a newspaper or other medium for the dissemination of news upon a case or proceeding, then pending and undecided, which constitutes a clear, present, and imminent danger of obstructing or interfering with the orderly administration of justice, by either influencing the court to reach a particular decision, or embarrassing it in the discharge of its judicial duties.

(8) Willful disobedience by an inferior court, judge, or other officer thereof, of the lawful judgment, order, mandate, writ, or process of an appellate court, rendered in connection with an appeal from a judgment or order of the inferior court, or in connection with a review of such judgment or order under a supervisory writ issued by the appellate court.

(9) Willful disobedience of the confidentiality provisions of Article 412.

(10) Any other act or omission punishable by law as a contempt of court, or intended to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority, and which is not a direct contempt.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
La. Ch. Code art. 733.1 — LA Code / Code childrens-code / Article 733.1
Stop of child absent from school; transportation to school facility
Status: in_force

A. In addition to the authority provided in Article 736, a peace officer, probation officer, or school attendance officer may briefly detain any child from the age of seven through sixteen whom the officer reasonably believes to be absent from school during normal school hours and the officer may question the child about his reasons for being absent.

B. If based on this inquiry the officer has reasonable grounds to believe that the child is absent from school without justification, the officer may release the child to his parents or transport the child to the appropriate administrator of the child's assigned school or to a receiving center designated by the parish school board for acceptance of such children.

C. Upon the child's transportation to either school or receiving center, the administrator shall promptly notify the child's parents.

D. If the officer has reasonable grounds to believe that the child is truant or that the family is otherwise in need of services, the officer or administrator may file a complaint pursuant to Article 731.

Acts 1994, 3rd Ex. Sess., No. 114, §1; Acts 1995, No. 1095, §3.
La. Civ. Code art. 2364 — LA Code / Code civil-code / Article 2364
Satisfaction of separate obligation with community property or former community property
Status: in_force

If community property has been used during the existence of the community property regime or former community property has been used thereafter to satisfy a separate obligation of a spouse, the other spouse is entitled to reimbursement for one-half of the amount or value that the property had at the time it was used.

Acts 1979, No. 709, §1; Acts 2009, No. 204, §1.
La. Code Civ. Proc. art. 464 — LA Code / Code code-of-civil-procedure / Article 464
Improper cumulation, effect
Status: in_force

When the court lacks jurisdiction of, or when the venue is improper as to, one of the actions cumulated, that action shall be dismissed.

When the cumulation is improper for any other reason, the court may: (1) order separate trials of the actions; or (2) order the plaintiff to elect which actions he shall proceed with, and to amend his petition so as to delete therefrom all allegations relating to the action which he elects to discontinue. The penalty for noncompliance with an order to amend is a dismissal of plaintiff's suit.
La. Code Civ. Proc. art. 3134 — LA Code / Code code-of-civil-procedure / Article 3134
Return of proces verbal of inventory
Status: in_force

The notary who took the inventory, or the party at whose instance it was taken, shall make duplicate copies of the proces verbal, the original proces verbal shall be returned into the court which ordered it taken, immediately upon its completion and signing. The duplicate copy shall be certified and filed with the collector of revenue. A certified copy of the proces verbal of any inventory taken in Orleans Parish may be returned in the same manner, and with the same effect as the original.

Amended by Acts 1972, No. 326, §2, eff. Jan. 1, 1973.
La. Ch. Code art. 830 — LA Code / Code childrens-code / Article 830
Modification of bail
Status: in_force

The court on its own motion or on motion of the state or upon subsequent application by the child or his parent, guardian, or legal custodian, for good cause may either increase or reduce the amount of bail or other security.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 1622 — LA Code / Code civil-code / Article 1622
Grandparents; causes for disinherison of grandchildren
Status: in_force

A grandparent may disinherit his grandchild for any of the causes, other than the sixth, expressed in the preceding Article, whenever the offending act has been committed against a parent or a grandparent. He may also disinherit the grandchild for the seventh cause expressed in the preceding Article.

Acts 2001, No. 573, §1, eff. June 22, 2001.
La. Code Crim. Proc. art. 879 — LA Code / Code code-of-criminal-procedure / Article 879
Determinate sentence required
Status: in_force

If a defendant who has been convicted of an offense is sentenced to imprisonment, the court shall impose a determinate sentence.
La. Ch. Code art. 642 — LA Code / Code childrens-code / Article 642
Effect of nonappearance by a parent
Status: in_force

If it appears from the record that the parent has been served in accordance with Article 640 or 641 and summoned to any hearing, and the parent fails to appear at the hearing, then the court shall permit the hearing to be held in the parent's absence and the petitioner shall be required to establish prima facie proof of the allegations contained in the petition.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
La. Civ. Code art. 3350 — LA Code / Code civil-code / Article 3350
Presumption as to time of filing
Status: in_force

When the date and time of filing cannot be determined under Articles 3348 and 3349, it is presumed that the instrument was filed at the first determinable date and time that it appears in the records of the recorder.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Civ. Code art. 734 — LA Code / Code civil-code / Article 734
Interpretation; convenience of a person.
Status: in_force

When the right granted is merely for the convenience of a person, it is not considered to be a predial servitude, unless it is acquired by a person as owner of an estate for himself, his heirs and assigns.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1391 — LA Code / Code civil-code / Article 1391
Warranties always implied.
Status: in_force

The warranties mentioned in the preceding article exist of right, so that they are always implied, and the heirs are bound to them, though no mention be made thereof in the partition.
La. Ch. Code art. 851 — LA Code / Code childrens-code / Article 851
Failure to appear as summoned
Status: in_force

If a properly served person fails to appear in response to a summons, the court may order that such person be taken into custody and immediately brought before the court.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 508 — LA Code / Code civil-code / Article 508
Things principal and accessory
Status: in_force

Things are divided into principal and accessory. For purposes of accession as between movables, an accessory is a corporeal movable that serves the use, ornament, or complement of the principal thing.

In the case of a principal thing consisting of a movable construction permanently attached to the ground, its accessories include things that would constitute its component parts under Article 466 if the construction were immovable.

Acts 1979, No. 180, §1; Acts 2008, No. 632, §1, eff. July 1, 2008.
La. Civ. Code art. 1276 — LA Code / Code civil-code / Article 1276
Payment of collation with property of succession.
Status: in_force

If, on the contrary, the coheirs to whom the collation is due prefer to be paid the amount thereof in property and effects of the succession, or are divested of their right to require the sale of these effects, * they shall be paid the amount of the collation in movables, immovables and other effects of the succession, in the same manner as is prescribed in the chapter which treats of partitions.

But in no case will these heirs be obliged to receive in payment credits of the succession.

* English translation of French text incomplete; should include "as is said in the preceding article."
La. Ch. Code art. 1159 — LA Code / Code childrens-code / Article 1159
Permanency planning; case plan; review hearings
Status: in_force

A. Unless a reclaiming of parental rights is filed timely, the department shall within thirty days of the continued custody hearing develop and file with the court a permanency case plan as described in Article 673.

B. If a reclaiming of parental rights is filed timely, the department shall develop and file with the court a permanency case plan within thirty days of a judgment denying the claim and terminating parental rights.

C. The case shall thereafter be reviewed in accordance with Chapter 10 of Title X.

D. The attorney appointed to represent the infant at the safe haven continued custody hearing shall continue to represent the child in all review hearings until the child is permanently placed.

Acts 2003, No. 609, §2.
La. Civ. Code art. 3444 — LA Code / Code civil-code / Article 3444
Possessory action
Status: in_force

Possession of immovables is protected by the possessory action, as provided in Articles 3655 through 3671 of the Code of Civil Procedure.

Possession of movables is protected by the rules of the Code of Civil Procedure that govern civil actions.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 191 — LA Code / Code civil-code / Article 191
Contestation and establishment of paternity by mother
Status: in_force

The mother of a child may institute an action to establish both that her former husband is not the father of the child and that her present husband is the father. This action may be instituted only if the present husband has acknowledged the child by authentic act.

Acts 2004, No. 530, §1, eff. June 25, 2004; Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2016, No. 309, §1.
La. Ch. Code art. 1198 — LA Code / Code childrens-code / Article 1198
Persons who may petition for adoption
Status: in_force

A single person, eighteen years or older, or a married couple jointly may petition to adopt a child through an agency. When one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Ch. Code art. 917 — LA Code / Code childrens-code / Article 917
Expungement and sealing; generally
Status: in_force

This Chapter provides the exclusive procedure by which records and reports of proceedings under Title VIII of this Code may be expunged and sealed.

Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
La. Civ. Code art. 757 — LA Code / Code civil-code / Article 757
Sufficiency of acts by third persons.
Status: in_force

A predial servitude is preserved by the use made of it by anyone, even a stranger, if it is used as appertaining to the dominant estate.

Acts 1977, No. 514, §1.