FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1218 — LA Code / Code childrens-code / Article 1218
Effect of final decree
Status: in_force

A. Except as otherwise provided in this Title, upon a final decree of agency adoption, the parents of the child whose rights have not been previously terminated by a surrender or a judgment of termination and all other blood relatives of the child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child, including the right of inheritance from the adopted child and his lawful descendants, and the adopted child is relieved of all of his legal duties and divested of all his legal rights with regard to the parents, except as provided in Paragraph B.

B. The right of the child to inherit from his parents and other blood relatives is unaffected by the adoption.

C. Under the circumstances and pursuant to the procedures authorized by Chapter 14 of this Title, grandparents may obtain limited visitation rights to the adopted child.

D. Parents, grandparents, siblings, or other relatives by blood, adoption, or affinity who have an established and significant relationship may be allowed continuing contact with an adopted child in accordance with Chapter 14-A of this Title.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2003, No. 567, §1.
La. Code Civ. Proc. art. 1001 — LA Code / Code code-of-civil-procedure / Article 1001
Delay for answering
Status: in_force

A. A defendant shall file his answer within twenty-one days after service of citation upon him, except as otherwise provided by law. If the plaintiff files and serves a discovery request with his petition, the defendant shall file his answer to the petition within thirty days after service of citation and service of discovery request.

B. When an exception is filed prior to answer and is overruled or referred to the merits, or is sustained and an amendment of the petition ordered, the answer shall be filed within fifteen days after the exception is overruled or referred to the merits, or fifteen days after service of the amended petition.

C. The court may grant additional time for answering.

Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
La. Ch. Code art. 676 — LA Code / Code childrens-code / Article 676
Response to case plan
Status: in_force

Any party may file a written response to the case plan as submitted.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 661 — LA Code / Code civil-code / Article 661
Building in danger of falling.
Status: in_force

When a building or other construction is in danger of falling a neighbor has a right of action to compel the owner to have it properly supported or demolished. When the danger is imminent the court may authorize the neighbor to do the necessary work for which he shall be reimbursed by the owner.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 2299 — LA Code / Code code-of-civil-procedure / Article 2299
Order prohibiting payment of proceeds of sale
Status: in_force

When a third person has intervened and asserted a privilege on the property seized superior to that of the judgment creditor, the court shall order the sheriff to withhold a portion of the proceeds of the judicial sale of the property sufficient to satisfy the intervener's claim, subject to the further orders of the court.

Amended by Acts 1961, No. 23, §1.
La. Ch. Code art. 571 — LA Code / Code childrens-code / Article 571
Legislative Findings
Status: in_force

A. The legislature finds that society has a responsibility to provide indigent or absent parents with quality legal representation, including curatorship appointments, in child abuse and neglect cases. Provision of counsel for indigent parents or curators for absent parents are essential due process rights provided by Louisiana law to ensure sound and fair decision-making concerning children's safety, permanency, and well-being. Legal counsel providing representation in child abuse and neglect cases should have specialized knowledge and skills essential for effective representation. Resources to support the provision of legal representation, including curatorship appointments, of indigent or absent parents should be used efficiently and equitably to assure qualified representation throughout the state.

B. The legislature finds that there is a need for a uniform system of representation of indigent or absent parents statewide that provides for appropriate oversight, minimization of potential conflicts, and adequate local and state funding. To this end, the legislature finds that local public defender offices best serve the interests of children and families by representing indigent or absent parents, which shall include curatorship appointments, in child abuse and neglect cases consistent with the provisions of R S. 15:185.1 et seq., and with the Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care and Termination of Parental Right Cases provided in Chapter 11 of Part XV of Title 22 of the Louisiana Administrative Code.

C. Repealed by Acts 2014, No. 354, §2.

Acts 2007, No. 95, §1; Acts 2014, No. 354, §§ 1, 2; Acts 2016, No. 407, §1, eff. June 5, 2016.
La. Civ. Code art. 190.1 — LA Code / Code civil-code / Article 190.1
Three-party acknowledgment; alternative to disavowal; time period
Status: in_force

If blood or tissue sampling indicates by a ninety-nine and nine-tenths percentage point threshold probability that the biological father is the father of the child and he is not the husband or former husband presumed to be the father of the child, then the husband or former husband presumed to be the father of the child, the mother, and the biological father of the child may execute a three-party acknowledgment in authentic form declaring that the husband or former husband is not the father of the child and that the biological father is the father of the child. When a three-party acknowledgment is executed, the husband or former husband is not presumed to be the father of the child. The biological father who has acknowledged the child by three-party acknowledgment is presumed to be the father of the child.

To have effect, this acknowledgment shall be executed no later than ten years from the day of the birth of the child but never more than one year from the day of the death of the child. These time periods are peremptive.

Acts 2018, No. 21, §2, eff. May 7, 2018.
La. Civ. Code art. 2367 — LA Code / Code civil-code / Article 2367
Use of separate property for the benefit of community property
Status: in_force

If separate property of a spouse has been used during the existence of the community property regime for the acquisition, use, improvement, or benefit of community property, that spouse is entitled to reimbursement for one-half of the amount or value that the property had at the time it was used. The liability of the spouse who owes reimbursement is limited to the value of his share of all community property after deduction of all community obligations.

Buildings, other constructions permanently attached to the ground, and plantings made on community property with separate property of a spouse during the existence of the community property regime are community property. The spouse whose separate property was used is entitled to reimbursement for one-half of the amount or value that the separate property had at the time it was used. The liability of the spouse who owes reimbursement is limited to the value of his share in all community property after deduction of all community obligations.

Acts 1979, No. 709, §1; Acts 1984, No. 933, §1; Acts 1990, No. 991, §1; Acts 2009, No. 204, §1.
La. Code Civ. Proc. art. 1265 — LA Code / Code code-of-civil-procedure / Article 1265
Political entity; public officer
Status: in_force

Service of citation or other process on any political subdivision, public corporation, or state, parochial or municipal board or commission is made at its office by personal service upon the chief executive officer thereof, or in his absence upon any employee thereof of suitable age and discretion. A public officer, sued as such, may be served at his office either personally, or in his absence, by service upon any of his employees of suitable age and discretion.

If the political entity or public officer has no established office, then service may be made at any place where the chief executive officer of the political entity or the public officer to be served may be found.
La. Ch. Code art. 1041 — LA Code / Code childrens-code / Article 1041
Registration; department
Status: in_force

A. If no permanent placement has been made by the department within ninety days of such a judgment, the child shall be registered by the appropriate child placement agency involved or the state child placement agency with the Louisiana Adoption Resource Exchange within the department. Any such registration shall not include the surname of the child or otherwise reveal the identities of the blood parents of the child.

B. The department shall maintain a list of the registered children. Such list shall be updated quarterly and made available to all licensed child placement agencies in the state. Subject to the confidentiality requirements of all adoption matters, the department shall use every reasonable method of effecting a permanent placement. Media presentation of available children and other means of public solicitation for the purpose of matching potential adoptive parents with available children shall be used only in cases involving a child who is difficult to place for adoption, subject to rules and regulations adopted pursuant to the Administrative Procedure Act.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000.
La. Civ. Code art. 3487 — LA Code / Code civil-code / Article 3487
Restriction as to extent of possession
Status: in_force

For purposes of acquisitive prescription without title, possession extends only to that which has been actually possessed.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 2369.5 — LA Code / Code civil-code / Article 2369.5
Alienation of registered movables
Status: in_force

A spouse may alienate, encumber, or lease a movable issued or registered in his name as provided by law.

Acts 1995, No. 433, §1.
La. Code Civ. Proc. art. 2852 — LA Code / Code code-of-civil-procedure / Article 2852
Documents submitted with petition for probate
Status: in_force

A. The petitioner shall submit with his petition evidence of the death of the decedent, and of all other facts necessary to establish the jurisdiction of the court.

B. If the testament is one other than a statutory testament, a notarial testament, or a nuncupative testament by public act, and is in the possession of the petitioner, he shall present it to the court, and pray that it be probated and executed.

Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Civ. Code art. 3078 — LA Code / Code civil-code / Article 3078
After-acquired rights
Status: in_force

A compromise does not affect rights subsequently acquired by a party, unless those rights are expressly included in the agreement.

Acts 2007, No. 138, §1.
La. Civ. Code art. 3259 — LA Code / Code civil-code / Article 3259
Lessor's privilege on crops primed by supplies and labor.
Status: in_force

With regard to the crops which are subject to the lessor's privilege, the expenses for seed and labor, the wages of overseers and managers are to be paid out of the product of the year, in preference to the lessor's debt.

So, also, he who supplied the farming utensils, and who has not been paid, is paid in preference to the lessor out of the price of their sale.
La. Civ. Code art. 2005 — LA Code / Code civil-code / Article 2005
Secondary obligation
Status: in_force

Parties may stipulate the damages to be recovered in case of nonperformance, defective performance, or delay in performance of an obligation.

That stipulation gives rise to a secondary obligation for the purpose of enforcing the principal one.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2909 — LA Code / Code civil-code / Article 2909
Inability to demand performance until expiration of term
Status: in_force

The lender may not demand from the borrower the performance of his obligation to return an equal amount of things of the same kind and quality before expiration of the term. In the absence of a certain term or of an agreement that performance will be exigible at will, a reasonable term is implied.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 3050 — LA Code / Code civil-code / Article 3050
Surety's right of reimbursement for payment of obligation not owed
Status: in_force

A surety who in good faith pays the creditor when the principal obligation is extinguished, or when the principal obligor had the means of defeating it, is nevertheless entitled to reimbursement from the principal obligor if the surety made a reasonable effort to notify the principal obligor that the creditor was insisting on payment or if the principal obligor was apprised that the creditor was insisting on payment.

The surety's rights against the creditor are not thereby excluded.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Code Crim. Proc. art. 809 — LA Code / Code code-of-criminal-procedure / Article 809
Judge to give jury written list of responsive verdicts
Status: in_force

After charging the jury, the judge shall give the jury a written list of the verdicts responsive to each offense charged, with each separately stated. The list shall be taken into the jury room for use by the jury during its deliberation.
La. Ch. Code art. 418 — LA Code / Code childrens-code / Article 418
Juvenile court; juvenile judge
Status: in_force

When another statute uses the term "juvenile court" or "juvenile judge" for purposes of proceedings under this Code, those terms shall be construed to mean "court" or "judge" as defined in Article 116.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
La. Civ. Code art. 2614 — LA Code / Code civil-code / Article 2614
Stoppage in transit
Status: in_force

The seller may stop delivery of the things in the possession of a carrier or other depositary when he learns that the buyer will not perform the obligations arising from the contract of sale or is insolvent.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 573.4 — LA Code / Code code-of-criminal-procedure / Article 573.4
Running of time limitations; exception; third degree rape
Status: in_force

The time limitations established by Article 572 shall not commence to run as to the crime of third degree rape (R.S. 14:43) until the crime is discovered by the victim.

Acts 2024, No. 557, §1.
La. Civ. Code art. 3149 — LA Code / Code civil-code / Article 3149
Formal requirements of contract of pledge
Status: in_force

The pledge of a corporeal movable is effective between the parties only if the thing pledged has been delivered to the pledgee or a third person who has agreed to hold the thing for the benefit of the pledgee. The pledge of other things is effective between the parties only if established by written contract, but delivery is not required.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Ch. Code art. 1225 — LA Code / Code childrens-code / Article 1225
Service; resident parent
Status: in_force

If a parent upon whom service is required under Article 1224 resides within this state, service shall be made either personally or by domiciliary service not less than thirty days prior to the commencement of the hearing on the petition.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Ch. Code art. 1446 — LA Code / Code childrens-code / Article 1446
Record; transcription
Status: in_force

A. The court shall cause a recording of the testimony of the hearing to be made, which shall be transcribed only in the event of an appeal from the judgment.

B. A copy of such transcript shall be furnished without charge, to any appellant whom the court finds unable to pay for the same.

C. The cost of such transcript shall be paid from funds appropriated to the judicial department.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3081 — LA Code / Code code-of-civil-procedure / Article 3081
Petition for confirmation
Status: in_force

After the probate of the testament, or after its production into court as provided by Article 2891 if it is a nuncupative testament by public act, the person named as executor therein may petition the court for confirmation, and for the issuance of letters testamentary. If he files the original petition for the execution of the testament, he may pray therein for the issuance of letters.
La. Civ. Code art. 892 — LA Code / Code civil-code / Article 892
Devolution of separate property in absence of parents or in absence of brothers and sisters
Status: in_force

If the deceased leaves neither descendants nor parents, his brothers or sisters or descendants from them succeed to his separate property in full ownership to the exclusion of other ascendants and other collaterals.

If the deceased leaves neither descendants nor brothers or sisters, nor descendants from them, his parent or parents succeed to the separate property to the exclusion of other ascendants and other collaterals.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Civ. Code art. 2652 — LA Code / Code civil-code / Article 2652
Sale of litigious rights
Status: in_force

When a litigious right is assigned, the debtor may extinguish his obligation by paying to the assignee the price the assignee paid for the assignment, with interest from the time of the assignment.

A right is litigious, for that purpose, when it is contested in a suit already filed.

Nevertheless, the debtor may not thus extinguish his obligation when the assignment has been made to a co-owner of the assigned right, or to a possessor of the thing subject to the litigious right.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3490 — LA Code / Code civil-code / Article 3490
Prescription of three years
Status: in_force

One who has possessed a movable as owner, in good faith, under an act sufficient to transfer ownership, and without interruption for three years, acquires ownership by prescription.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 2699 — LA Code / Code civil-code / Article 2699
Waiver of warranty for vices or defects
Status: in_force

The warranty provided in the preceding Articles may be waived, but only by clear and unambiguous language that is brought to the attention of the lessee.

Nevertheless, a waiver of warranty is ineffective:

(1) To the extent it pertains to vices or defects of which the lessee did not know and the lessor knew or should have known;

(2) To the extent it is contrary to the provisions of Article 2004; or

(3) In a residential or consumer lease, to the extent it purports to waive the warranty for vices or defects that seriously affect health or safety.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 1858 — LA Code / Code civil-code / Article 1858
Lack of capacity of obligee
Status: in_force

Performance rendered to an obligee without capacity to receive it is valid to the extent of the benefit he derived from it.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 337 — LA Code / Code code-of-criminal-procedure / Article 337
Interruption of the period for obtaining a bond forfeiture judgment
Status: in_force

An appearance by the defendant shall interrupt the period for obtaining a bond forfeiture judgment. An appearance by the defendant does not relieve the surety of its bail undertaking obligations.

Amended by Acts 1981, No. 218, §1; Acts 1987, No. 728, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Civ. Code art. 3204 — LA Code / Code civil-code / Article 3204
Last sickness of debtor's children.
Status: in_force

This privilege subsists, not only for the expenses of the last sickness of the debtor, it subsists also for those of the last sickness of children, under his authority, but it is exercised subject to the rules laid down above.
La. Ch. Code art. 722 — LA Code / Code childrens-code / Article 722
Grounds; hearing; order
Status: in_force

A. The mover shall have the burden of proving all of the following by clear and convincing evidence:

(1) The child has been adjudicated to be in need of care.

(2) Adoption is not in the best interest of the child and the child cannot be safely reunified with the parent within a reasonable time.

(3) The child has resided for at least six months with the proposed guardian, unless the court waives the residence requirement for good cause.

(4) The proposed guardian is able to provide a stable and safe home for the child for the duration of minority.

B. If the child is twelve years of age or older, the court shall solicit and consider the wishes of the child in the matter.

C. The court shall hold a hearing before approving a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based.

Acts 2011, No. 128, §1; Acts 2022, No. 272, §1.
La. Code Crim. Proc. art. 19 — LA Code / Code code-of-criminal-procedure / Article 19
Special sessions of court
Status: in_force

A court may call a special criminal session at any time, including vacation, and any criminal proceeding or prosecution may be tried or heard during the special session.
La. Civ. Code art. 542 — LA Code / Code civil-code / Article 542
Divisibility of naked ownership.
Status: in_force

The naked ownership may be partitioned subject to the rights of the usufructuary.

Acts 1976, No. 103, §1.
La. Civ. Code art. 2359 — LA Code / Code civil-code / Article 2359
Obligations; community or separate.
Status: in_force

An obligation incurred by a spouse may be either a community obligation or a separate obligation.

Acts 1979, No. 709, §1.
La. Civ. Code art. 2343.1 — LA Code / Code civil-code / Article 2343.1
Transfer of separate property to the community.
Status: in_force

The transfer by a spouse to the other spouse of a thing forming part of his separate property, with the stipulation that it shall be part of the community, transforms the thing into community property. As to both movables and immovables, a transfer by onerous title must be made in writing and a transfer by gratuitous title must be made by authentic act.

Added by Acts 1981, No. 921, §2.
La. Code Civ. Proc. art. 3995 — LA Code / Code code-of-civil-procedure / Article 3995
Judgment of limited emancipation
Status: in_force

A judgment of limited emancipation shall specify the effects of majority conferred and shall state that the minor retains all other effects of minority.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
La. Code Civ. Proc. art. 3946 — LA Code / Code code-of-civil-procedure / Article 3946
Execution of support and claims for contributions awards in arrears
Status: in_force

A. When a payment of support under a judgment is in arrears, the party entitled thereto may proceed by contradictory motion to have the amount of past due support determined and made executory. On the trial of the contradictory motion, the court shall render judgment for the amount of past due support.

B. The same rules and procedures apply when an installment payment of an award for contributions made to a spouse's education or training is in arrears.

Acts 1995, No. 1204, §1.