FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 2122 — LA Code / Code code-of-civil-procedure / Article 2122
Appointment or removal of legal representative not suspended by appeal; effect of vacating appointment on appeal
Status: in_force

A judgment or order of a trial court appointing or removing a legal representative shall be executed provisionally notwithstanding an appeal therefrom.

A judgment rendered on appeal vacating a judgment or order of the trial court appointing a legal representative does not invalidate any of his official acts performed prior to the rendition of the judgment of the appellate court.
La. Code Civ. Proc. art. 3296 — LA Code / Code code-of-civil-procedure / Article 3296
Petition
Status: in_force

A. To this end, he shall present to the judge a petition setting forth the nature of the property, the amount of the encumbrances if any, and the reasons why he deems it in the best interest of the succession to convey the property in satisfaction of the debt or debts.

B. A copy of the petition shall be served by the executor or administrator on each creditor of the succession who has requested notification, together with a notice requiring that any opposition to the granting of the application be filed within seven days from date of service. Service of the petition as set forth herein may be made by registered or certified mail, return receipt requested.

Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. July 1, 1999.
La. Civ. Code art. 1828 — LA Code / Code civil-code / Article 1828
Conventional subrogation by the obligor
Status: in_force

An obligor who pays a debt with money or other fungible things borrowed for that purpose may subrogate the lender to the rights of the obligee, even without the obligee's consent.

The agreement for subrogation must be made in writing expressing that the purpose of the loan is to pay the debt.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1437 — LA Code / Code code-of-civil-procedure / Article 1437
Deposition upon oral examination; when deposition may be taken
Status: in_force

After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of fifteen days after service of citation upon any defendant, except that leave is not required if a defendant has served a notice of taking deposition or otherwise sought discovery, or if special notice is given as provided in Article 1439. The attendance of witnesses may be compelled by the use of subpoena as for witnesses in trials. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

Acts 1976, No. 574, §1.
La. Code Civ. Proc. art. 227 — LA Code / Code code-of-civil-procedure / Article 227
Punishment for contempt
Status: in_force

A person may not be adjudged guilty of a contempt of court except for misconduct defined as such, or made punishable as such, expressly by law.

The punishment which a court may impose upon a person adjudged guilty of contempt of court is provided in R.S. 13:4611.
La. Civ. Code art. 1529 — LA Code / Code civil-code / Article 1529
Donation of future property; nullity
Status: in_force

A donation inter vivos can have as its object only present property of the donor. If it includes future property, it shall be null with regard to that property.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 2748 — LA Code / Code civil-code / Article 2748
Contract of farm or factory laborer, restrictions on termination.
Status: in_force

Laborers, who hire themselves out to serve on plantations or to work in manufactures, have not the right of leaving the person who has hired them, nor can they be sent away by the proprietor, until the time has expired during which they had agreed to serve, unless good and just causes can be assigned.
La. Code Crim. Proc. art. 881.5 — LA Code / Code code-of-criminal-procedure / Article 881.5
Correction of illegal sentence by trial court
Status: in_force

On motion of the state or the defendant, or on its own motion, at any time, the court may correct a sentence imposed by that court which exceeds the maximum sentence authorized by law.

Acts 1991, No. 38, §1.

{{NOTE: SEE ACTS 1991, NO. 38, §3, FOR SPECIAL EFFECTIVE DATE.}}
La. Code Civ. Proc. art. 2086 — LA Code / Code code-of-civil-procedure / Article 2086
Right of third person to appeal
Status: in_force

A person who could have intervened in the trial court may appeal, whether or not any other appeal has been taken.
La. Civ. Code art. 3279 — LA Code / Code civil-code / Article 3279
Rights created by mortgage
Status: in_force

Mortgage gives the mortgagee, upon failure of the obligor to perform the obligation that the mortgage secures, the right to cause the property to be seized and sold in the manner provided by law and to have the proceeds applied toward the satisfaction of the obligation in preference to claims of others.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 1250 — LA Code / Code civil-code / Article 1250
Immovables destroyed while in possession of donee.
Status: in_force

Immovable property, given by a father, mother or other ascendant, to one of their children or descendants, and which has been destroyed by accident, while in the possession of the donee and without his fault, previous to the opening of the succession, is not subject to collation.

If, on the contrary, it is by the fault or negligence of the donee that the immovable property has been destroyed, he is bound to collate to the amount of the value which the property would have had at the time of the opening of the succession.
La. Ch. Code art. 1250 — LA Code / Code childrens-code / Article 1250
Service; absentee parent; curator ad hoc
Status: in_force

A. If a parent upon whom service is required pursuant to Article 1247 cannot be served in accordance with the provisions of Article 1248 or 1249, the court shall appoint an attorney at law as curator ad hoc for the parent and service shall be made upon the curator ad hoc.

B. If any social security numbers are contained in the petition or in any of the exhibits attached to the petition, they may be redacted from the copies being served.

C. Upon appointment of the curator ad hoc, a copy of the letter of appointment shall be forwarded to the department.

D. The fees and costs of the curator ad hoc shall be paid by the petitioner, notwithstanding any provision of law to the contrary.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2012, No. 603, §1.
La. Code Crim. Proc. art. 787 — LA Code / Code code-of-criminal-procedure / Article 787
Disqualification of petit jurors in particular cases
Status: in_force

The court may disqualify a prospective petit juror from service in a particular case when for any reason doubt exists as to the competency of the prospective juror to serve in the case.
La. Ch. Code art. 1014 — LA Code / Code childrens-code / Article 1014
Orders of disclosure
Status: in_force

After hearing the petitioner, the court may order disclosure. Insofar as possible, an order disclosing information from the court's own records or any records obtained by the curator ad hoc shall contain nonidentifying information about the biological family. If identifying information must be disclosed, the court may release such information to the person requiring it and order that its confidentiality be maintained without disclosure to the petitioner.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 434 — LA Code / Code code-of-criminal-procedure / Article 434
Secrecy of grand jury meetings; procedures for crimes in other parishes
Status: in_force

A. Members of the grand jury, all other persons present at a grand jury meeting, and all persons having confidential access to information concerning grand jury proceedings, shall keep secret the testimony of witnesses and all other matters occurring at, or directly connected with, a meeting of the grand jury. However, after the indictment, such persons may reveal statutory irregularities in grand jury proceedings to defense counsel, the attorney general, the district attorney, or the court, and may testify concerning them. Such persons may disclose testimony given before the grand jury, at any time when permitted by the court, to show that a witness committed perjury in his testimony before the grand jury. A witness may discuss his testimony given before the grand jury with counsel for a person under investigation or indicted, with the attorney general or the district attorney, or with the court.

B. Whenever a grand jury of one parish discovers that a crime may have been committed in another parish of the state, the foreman of that grand jury, after notifying his district attorney, shall make that discovery known to the attorney general. The district attorney or the attorney general may direct to the district attorney of another parish any and all evidence, testimony, and transcripts thereof, received or prepared by the grand jury of the former parish, concerning any offense that may have been committed in the latter parish, for use in such latter parish.

C. Any person who violates the provisions of this article shall be in constructive contempt of court.

Amended by Acts 1972, No. 450, §1.
La. Civ. Code art. 587 — LA Code / Code civil-code / Article 587
Liability for debts; usufruct established mortis causa
Status: in_force

When the usufruct is established mortis causa , the usufructuary is not liable for estate debts, but the property subject to the usufruct may be sold for the payment of estate debts, in accordance with the rules provided for the payment of the debt of an estate in Book III of this Code.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Ch. Code art. 1178 — LA Code / Code childrens-code / Article 1178
Order and revocation
Status: in_force

A. At the conclusion of the hearing, the court shall render an order approving or disapproving the placement of the child with the prospective adoptive parents.

B. The order shall be in writing, dated, and signed by the court and shall authorize adoptive placement of a child at any time within a period of twelve months from its date.

C. A certified copy of a court order approving the adoptive placement shall be given to the prospective adoptive parents.

D. Any order disapproving the adoptive placement shall include specific reasons therefor.

E. The court shall render a decision that is in the best interest of the child and shall consider all relevant factors including those provided in Article 1177(B).

F.(1) The existence of a criminal record of a prospective adoptive parent shall not be automatic grounds to disapprove placement of the child with the prospective adoptive parents. The court shall consider all of the following:

(a) The nature of the offenses.

(b) The number of offenses committed.

(c) The length of time between offenses and between the last offense committed and the application for court approval.

(2) Subsequent to the entry of an order approving an adoptive placement, if the result of a criminal records check or the results of abuse or neglect validated complaint records check indicate that the prospective adoptive parents failed to disclose such unfavorable information at the hearing, the court may issue an instanter order taking protective custody of the child, pursuant to Article 619, if this information, if known, together with other evidence presented at the hearing would have resulted in the court's disapproval of the adoptive placement.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2013, No. 187, §1.
La. Code Crim. Proc. art. 912 — LA Code / Code code-of-criminal-procedure / Article 912
Judgments or rulings appealable
Status: in_force

A. Only a final judgment or ruling is appealable.

B. The state cannot appeal from a verdict of acquittal. Adverse judgments or rulings from which the state may appeal include, but are not limited to, judgments or rulings on:

(1) A motion to quash an indictment or any count thereof;

(2) A plea of time limitation;

(3) A plea of double jeopardy;

(4) A motion in arrest of judgment;

(5) A motion to change the venue;

(6) A motion to recuse; and

(7) Repealed by Acts 1968, No. 146, §1.

C. The judgments or rulings from which the defendant may appeal include, but are not limited to:

(1) A judgment which imposes sentence;

(2) A ruling upon a motion by the state declaring the present insanity of the defendant; and

(3) Repealed by Acts 1968, No. 146, §1.

Amended by Acts 1968, No. 146, §1.
La. Ch. Code art. 424.9 — LA Code / Code childrens-code / Article 424.9
CASA; record confidentiality
Status: in_force

All records maintained by the CASA volunteer and the CASA program shall be confidential and shall not be disclosed except as provided by Article 412.

Acts 1999, No. 275, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 3229 — LA Code / Code code-of-civil-procedure / Article 3229
Notice by publication of application for court order; opposition
Status: in_force

A. When an application is made for an order under Articles 3198, and 3224 through 3228, notice of the application shall be published once in the parish where the succession proceeding is pending in the manner provided by law. When an application is made for an order under Article 3226 to grant a mineral lease, the notice shall also be published in the parish or parishes in which the affected property is located.

B. A court order shall not be required for the publication of the notice. The notice shall state that the order may be issued after the expiration of seven days from the date of publication and that an opposition may be filed at any time prior to the issuance of the order. If no opposition is filed, the court may grant the authority requested at any time after the expiration of the seven days from the date of publication.

C. An opposition shall be tried as a summary proceeding.

Amended by Acts 1974, No. 131, §2; Acts 1981, No. 317, §1; Acts 1987, No. 269, §1.
La. Code Civ. Proc. art. 4397 — LA Code / Code code-of-civil-procedure / Article 4397
Deceased or interdicted tutor
Status: in_force

If a tutor dies, an account of his administration may be filed by his succession representative or heirs. If a tutor is interdicted, such an account may be filed by his curator.

The court shall order the filing of such an account in either case, on the petition of an interested person.
La. Code Crim. Proc. art. 532 — LA Code / Code code-of-criminal-procedure / Article 532
General grounds for motion to quash
Status: in_force

A motion to quash may be based on one or more of the following grounds:

(1) The indictment fails to charge an offense which is punishable under a valid statute.

(2) The indictment fails to conform to the requirements of Chapters 1 and 2 of Title XIII. In such case the court may permit the district attorney to amend the indictment to correct the defect.

(3) The indictment is duplicitous or contains a misjoinder of defendants or offenses. In such case the court may permit the district attorney to sever the indictment into separate counts or separate indictments.

(4) The district attorney failed to furnish a sufficient bill of particulars when ordered to do so by the court. In such case the court may overrule the motion if a sufficient bill of particulars is furnished within the delay fixed by the court.

(5) A bill of particulars has shown a ground for quashing the indictment under Article 485.

(6) Trial for the offense charged would constitute double jeopardy.

(7) The time limitation for the institution of prosecution or for the commencement of trial has expired.

(8) The court has no jurisdiction of the offense charged.

(9) The general venire or the petit jury venire was improperly drawn, selected, or constituted.

(10) The individual charged with a violation of the Uniform Controlled Dangerous Substances Law has a valid prescription for that substance.

Acts 2009, No. 265, §2.
La. Code Evid. art. 514 — LA Code / Code code-of-evidence / Article 514
Identity of informer
Status: in_force

A. General rule of privilege. The United States, a state, or subdivision thereof has a privilege to refuse to disclose, and to protect another from required disclosure of, the identity of a person who has furnished information in order to assist in an investigation of a possible violation of a criminal law.

B. Who may claim the privilege. The privilege may be claimed by the prosecuting authority or an appropriate representative of the public entity to which the information was furnished.

C. Inapplicability of privilege. No privilege shall be recognized if:

(1) The informer appears as a witness for the government and testifies with respect to matters previously disclosed in confidence.

(2) The identity of the informer has been disclosed to those who have cause to resent the communication by either the informer or the prosecution, or in a civil case, a person with authority to claim the privilege.

(3) The party seeking to overcome the privilege clearly demonstrates that the interest of the government in preventing disclosure is substantially outweighed by exceptional circumstances such that the informer's testimony is essential to the preparation of the defense or to a fair determination on the issue of guilt or innocence.

(4) In a criminal case, the prosecution objects.

D. Order to disclose identity. If the court orders disclosure of the identity of an informer and the prosecution opposes the disclosure, the court:

(1) In a criminal case, shall enter one of the following orders exclusively:

(a) An order suppressing the evidence concerning which the identity of the informer has been ordered.

(b) An order declaring a mistrial.

(2) In a civil case, may make any order justice requires.

Added by Acts 1995, No. 1040, §1.
La. Code Crim. Proc. art. 470 — LA Code / Code code-of-criminal-procedure / Article 470
Value, price, or damage
Status: in_force

Value, price, or amount of damage need not be alleged in the indictment, unless such allegation is essential to charge or determine the grade of the offense.
La. Civ. Code art. 3018 — LA Code / Code civil-code / Article 3018
Disclosed mandate; undisclosed principal
Status: in_force

A mandatary who enters into a contract and discloses his status as a mandatary, though not his principal, binds himself personally for the performance of the contract. The mandatary ceases to be bound when the principal is disclosed.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Civ. Proc. art. 1262 — LA Code / Code code-of-civil-procedure / Article 1262
Same; secretary of state
Status: in_force

If the officer making service certifies that he is unable, after diligent effort, to have service made as provided in Article 1261, then the service may be made personally on the secretary of state, or on a person in his office designated to receive service of process on corporations. The secretary of state shall forward this citation to the corporation at its last known address.
La. Ch. Code art. 914 — LA Code / Code childrens-code / Article 914
Probation violation; sanctions including revocation
Status: in_force

A. Except as provided in Paragraph B of this Article, if the court finds that the child has violated a condition of his probation, it may, consistent with the best interests of the child and the public, do any of the following:

(1) Reprimand and warn the child.

(2) Order that supervision be intensified.

(3) Impose additional conditions to the probation.

(4) Extend the period of probation, provided the total amount of time served by the child on probation for any one offense shall not exceed the maximum period of probation authorized by Articles 898 and 900.

(5) Order that probation be revoked and execute the suspended sentence.

B. If the probation violation is the illegal or unlawful possession of a firearm, probation revocation is mandatory, and the child shall be committed to the custody of the Department of Public Safety and Corrections.

C. For repeated violations of a judgment of disposition, the court may also find the child in direct or constructive contempt of court and commit him to a juvenile detention center or other licensed facility, provided that the child shall not be physically housed in the same dormitory, room, or area used to house children adjudicated delinquent for behavior other than direct or constructive contempt.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 606 — LA Code / Code childrens-code / Article 606
Grounds; child in need of care
Status: in_force

A. Allegations that a child is in need of care shall assert one or more of the following grounds:

(1) The child is the victim of abuse perpetrated, aided, or tolerated by the parent or caretaker, by a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or by a person living in the same residence with the parent or caretaker as a spouse whether married or not, and his welfare is seriously endangered if he is left within the custody or control of that parent or caretaker.

(2) The child is a victim of neglect.

(3) The child is without necessary food, clothing, shelter, medical care, or supervision because of the disappearance or prolonged absence of his parent or when, for any other reason, the child is placed at substantial risk of imminent harm because of the continuing absence of the parent.

(4) As a result of a criminal prosecution, the parent has been convicted of a crime against the child who is the subject of this proceeding, or against another child of the parent, and the parent is now unable to retain custody or control or the child's welfare is otherwise endangered if left within the parent's custody or control.

(5) The conduct of the parent, either as principal or accessory, constitutes a crime against the child or against any other child.

(6) - (8) Repealed by Acts 2021, No. 158, §7.

B. A child whose parent is unable to provide basic support, supervision, treatment, or services due to inadequate financial resources shall not, for that reason alone, be determined to be a child in need of care.

C. A diagnosis of factitious disorder imposed on another, formerly known as "Munchausen syndrome by proxy", shall not constitute grounds, either entirely or partially, for a determination that a child is in need of care unless that diagnosis is made in accordance with the provisions of R.S. 37:1745.2.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1095, §2; Acts 1999, No. 1178, §1, eff. July 9, 1999; Acts 2012, No. 446, §6; Acts 2012, No. 730, §1; Acts 2014, No. 564, §§8, 10; Acts 2017, No. 376, §1; Acts 2018, No. 193, §2; Acts 2018, No. 458, §2; Acts 2021, No. 158, §7.
La. Ch. Code art. 872 — LA Code / Code childrens-code / Article 872
Motion to suppress
Status: in_force

The child may move to suppress evidence obtained in violation of the Constitution of the United States or the Constitution of Louisiana.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 647 — LA Code / Code childrens-code / Article 647
Stipulation; consent to judgment
Status: in_force

With the approval of the petitioner and the department, if a child is in the custody of the department, a parent whose child is the subject of pending proceedings may, with or without admitting the allegations of the petition, stipulate that the child is in need of care according to Article 606, provided that:

(1) A prehearing conference has been convened in accordance with Article 646.1.

(2) The parent personally appears before the court.

(3) The court fully informs the parent of his rights as required by Article 625.

(4) The court fully informs the parent of the consequences of such a stipulation, including the parent's responsibility to comply with the case plan and correct the conditions requiring the child to be in care.

(5) The parent knowingly and voluntarily consents to the judgment.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.