FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 838 — LA Code / Code childrens-code / Article 838
Procedure when capacity regained
Status: in_force

A.(1) At any time after a child's commitment, if the Louisiana Department of Health or the superintendent of the mental institution reports to the committing court that the child presently has the mental capacity to proceed, the court shall:

(a) Hold a contradictory hearing within ten days on this issue and determine, for good cause shown and in accordance with the best interests of the child, if the child can be released from the custody of the Louisiana Department of Health. The hearing may be continued for up to three additional days.

(b) Appoint counsel to represent the child in accordance with Article 809 if the child no longer has counsel.

(2) If all parties stipulate that the child presently has the mental capacity to proceed, another mental examination by a competency commission is not necessary. If all parties do not agree that the child has the mental capacity to proceed, then the court shall order a mental examination by a competency commission to reevaluate the child. The court may release the child from the custody of the Louisiana Department of Health to a less restrictive environment during the reevaluation process.

B. The district attorney or the child may apply to the court to have the proceedings resumed on the ground that the child presently has the mental capacity to proceed. Upon receipt of such application the court shall order a mental examination by a competency commission appointed on the issue of whether the child presently has the mental capacity to proceed. The court may order the Louisiana Department of Health or superintendent of the mental institution where the child is committed to make a report as to the child's course of treatment and current mental status. The court shall hold a contradictory hearing within ten days to determine, for good cause shown and in accordance with the best interests of the child, if the child presently has the mental capacity to proceed. The court may continue the hearing for up to three additional days.

C. Reports as to present mental capacity to proceed shall be filed in conformity with Article 835, and the court's determination of present mental capacity to proceed shall be made in conformity with the provisions of Article 836.

D. If the court determines that the child has the mental capacity to proceed, the proceedings shall be promptly resumed. If the court determines that the child does not have the mental capacity to proceed, the court shall proceed in accordance with Article 837.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
La. Code Civ. Proc. art. 253.2 — LA Code / Code code-of-civil-procedure / Article 253.2
Transfer and reassignment of pending cases
Status: in_force

After a case has been assigned to a particular section or division of the court, it may not be transferred from one section or division to another section or division within the same court, unless agreed to by all parties, or unless it is being transferred to effect a consolidation pursuant to Article 1561. However, the supreme court, by rule, may establish uniform procedures for reassigning cases under circumstances where an expeditious disposition of cases may be effectuated.

Acts 1997, No. 968, §1; Acts 2021, No. 259, §2.
La. Code Crim. Proc. art. 583 — LA Code / Code code-of-criminal-procedure / Article 583
Interruption of time limitation where new trial
Status: in_force

The period of limitation established by Article 582 shall be interrupted by any of the causes stated in Article 579. Where such interruption occurs, the state must commence the new trial within one year from the date the cause of interruption no longer exists.

Added by Acts 1972, No. 647, §1.
La. Civ. Code art. 358.2 — LA Code / Code civil-code / Article 358.2
Termination of continuing tutorship
Status: in_force

A full or limited continuing tutorship shall not terminate until the decree is set aside by the court of the domicile of the person under continuing tutorship, or the court of last domicile if the domicile of the person under continuing tutorship is removed from the state.

Acts 2024, No. 123, §1.
La. Civ. Code art. 3012 — LA Code / Code civil-code / Article 3012
Reimbursement of expenses and remuneration
Status: in_force

The principal is bound to reimburse the mandatary for the expenses and charges he has incurred and to pay him the remuneration to which he is entitled.

The principal is bound to reimburse and pay the mandatary even though without the mandatary's fault the purpose of the mandate was not accomplished.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 1567 — LA Code / Code civil-code / Article 1567
Donee unable to return thing in same condition
Status: in_force

When a donee or his successor is obligated to return a thing and he cannot restore it in essentially the same condition as it was at the time of the donation, the donor may elect to receive the thing in its present condition and require its return. In that event, the donee shall be accountable for any diminution in value at the time of the delivery.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 311 — LA Code / Code civil-code / Article 311
Action for damages; prescription.
Status: in_force

The action which results from this responsibility can not be maintained by the tutor but within the year of his appointment.

If the tutor neglects to bring his action within that time, he is answerable for such neglect to the minor.
La. Code Civ. Proc. art. 1883 — LA Code / Code code-of-civil-procedure / Article 1883
Uniformity of interpretation
Status: in_force

Articles 1871 through 1882 shall be interpreted and construed so as to effectuate their general purpose to make uniform the law of those states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
La. Civ. Code art. 732 — LA Code / Code civil-code / Article 732
Interpretation in the absence of express declaration.
Status: in_force

When the act does not declare expressly that the right granted is for the benefit of an estate or for the benefit of a particular person, the nature of the right is determined in accordance with the following rules.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 1636 — LA Code / Code code-of-civil-procedure / Article 1636
Evidence held inadmissible; record or statement as to nature thereof
Status: in_force

A. When the court rules against the admissibility of any evidence, it shall either permit the party offering such evidence to make a complete record thereof, or permit the party to make a statement setting forth the nature of the evidence.

B. At the request of any party, the court may allow any excluded evidence to be offered, subject to cross-examination: on the record during a recess or such other time as the court shall designate; or by deposition taken before a person authorized by Article l434 within thirty days subsequent to the exclusion of any such evidence or the completion of the trial or hearing, whichever is later. When the record is completed during a recess or other designated time, or by deposition, there will be no necessity for the requesting party to make a statement setting forth the nature of the evidence.

C. In all cases, the court shall state the reason for its ruling as to the inadmissibility of the evidence. This ruling shall be reviewable on appeal without the necessity of further formality.

D. If the court permits a party to make a complete record of the evidence held inadmissible, it shall allow any other party the opportunity to make a record in the same manner of any evidence bearing upon the evidence held to be inadmissible.

Acts 1993, No. 985, §1.
La. Code Civ. Proc. art. 3263 — LA Code / Code code-of-civil-procedure / Article 3263
Terms of sale
Status: in_force

Sales of succession property shall be for cash, unless upon the petition of the succession representative the court authorizes a credit sale. When a credit sale is authorized, the order shall specify the terms of the sale and the security.
La. Ch. Code art. 1618 — LA Code / Code childrens-code / Article 1618
Supplementary definitions applicable only to this state
Status: in_force

NOTE: Art. 1618 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. As used in Article 1610, when referring to this state, "appropriate public authorities" means the Louisiana Department of Children and Family Services.

B. As used in Article 1612, "appropriate authority in the receiving state" means any licensed child welfare agency in Louisiana.

C. As used in Article 1614, "executive head" means the governor of Louisiana.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
La. Civ. Code art. 2769 — LA Code / Code civil-code / Article 2769
Contractor's liability for non-compliance with contract.
Status: in_force

If an undertaker fails to do the work he has contracted to do, or if he does not execute it in the manner and at the time he has agreed to do it, he shall be liable in damages for the losses that may ensue from his non-compliance with his contract.
La. Code Crim. Proc. art. 955 — LA Code / Code code-of-criminal-procedure / Article 955
Suspension of time limitations in affected courts; ninety days; recision; extensions; exceptions
Status: in_force

A. The time periods, limitations, and delays established by the provisions of the Code of Criminal Procedure, Children's Code, Title 15, and Chapter 26 of Title 40 of the Louisiana Revised Statutes of 1950 shall be suspended in the jurisdiction of the affected court for a period of ninety days following the issuance of an order authorizing emergency sessions of court as provided for in Article 944.

B. The ninety-day suspension provided for by this Article shall commence to run from the date the supreme court issued its order authorizing the emergency sessions of court or from the date specified therein, whichever is earlier.

C. The ninety-day suspension may be extended upon a determination by the supreme court that the continuation of the suspension is necessary.

D. The supreme court may rescind the suspension at any time and for any jurisdiction within the state upon a determination by the supreme court that the suspension is no longer necessary.

E. The provisions of this Article shall not apply to Code of Criminal Procedure Articles 230.1, 230.2, 351, 354, and 362.

F. When the supreme court makes the determination and orders an emergency session of court at a location which are both feasible and practical outside the parish or territorial jurisdiction of the affected court, pursuant to Article 944, in addition to the provisions of Paragraph A of this Article, the supreme court may order an extension of time not to exceed four hundred fifty days for the surrender of the defendant as provided for in Code of Criminal Procedure Article 349.8. This extension of time is in addition to the one hundred eighty days provided for in Article 349.8 and the ninety days provided for in Paragraph A of this Article, and also applies to the deadlines for filing motions to set aside judgments of bond forfeiture.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2006, No. 466, §2, eff. June 15, 2006; Acts 2010, No. 914, §1.
La. Civ. Code art. 29 — LA Code / Code civil-code / Article 29
Age of majority
Status: in_force

Majority is attained upon reaching the age of eighteen years.

Acts 1987, No. 125, §1, eff. Jan. 1. 1988.
La. Civ. Code art. 3157 — LA Code / Code civil-code / Article 3157
Indivisibility of pledge
Status: in_force

The contract of pledge is indivisible, notwithstanding the divisibility of the secured obligations, and the pledgor may not demand return of all or part of the thing pledged until all secured obligations have been extinguished.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Ch. Code art. 1401 — LA Code / Code childrens-code / Article 1401
Purpose
Status: in_force

The purpose of this Title is to facilitate the proper treatment of children suffering from mental illness or substance abuse. The manner of treatment should be medically appropriate, least restrictive of the child's liberty, and respectful of the child's individual rights. A preference for outpatient treatment should prevail unless the admission to a treatment facility is determined necessary for the recovery of the child from the mental illness or substance abuse.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 4363 — LA Code / Code code-of-civil-procedure / Article 4363
Security instead of mortgage
Status: in_force

Instead of the mortgage provided in Article 4362, the parent may furnish security as provided in Article 4132 or a special mortgage as provided in Article 4133. The amount of the security or special mortgage shall be equal to the price of the adjudication.
La. Code Civ. Proc. art. 4657.1 — LA Code / Code code-of-civil-procedure / Article 4657.1
Notice to attorney general when the state is a defendant
Status: in_force

A. Notwithstanding any other provision of law to the contrary, prior to the taking of a final judgment in any concursus in which one of the defendants is the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities, the notice of the order of court limiting the delay for answer, together with a copy of the petition or other demand, shall be sent by the party moving for the order to the attorney general by registered or certified mail or shall be served by the sheriff personally upon the attorney general or the first assistant attorney general at the office of the attorney general.

B. If the order of court is served on the attorney general by mail, the person mailing such items shall execute and file in the record an affidavit stating that these items have been enclosed in an envelope properly addressed to the attorney general with sufficient postage affixed, and stating the date on which such envelope was deposited in the United States mails. In addition, the return receipt shall be attached to the affidavit which was filed in the record.

C. If no answer is filed within fifteen days immediately following the date on which the attorney general or the first assistant attorney general received notice of the order to answer as provided herein, a judgment may be entered in the concursus proceeding as provided by law.

Acts 1986, No. 480, §1.
La. Civ. Code art. 3447 — LA Code / Code civil-code / Article 3447
Liberative prescription
Status: in_force

Liberative prescription is a mode of barring of actions as a result of inaction for a period of time.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Ch. Code art. 1303.6 — LA Code / Code childrens-code / Article 1303.6
Inappropriate tribunal
Status: in_force

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.

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. Ch. Code art. 1283.10 — LA Code / Code childrens-code / Article 1283.10
Continuing duties of department
Status: in_force

A. After an interlocutory decree has been entered, the department shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Paragraph B. The number of visits to the home and the time for them shall be within the discretion of the department. However, no less than two visits shall be made to the home, one of which shall occur within thirty days before the final decree of adoption.

B. The department may delegate the performance of this investigation to a licensed private adoption agency, but the department remains responsible for ensuring the accuracy and thoroughness of the resulting report and for the safety and welfare of the child. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.

C. A second confidential report must be presented to the court preceding the hearing on the final decree of adoption. The findings of this report shall be based upon the same findings as prescribed in Article 1283.5 and shall disclose any changed conditions and all new pertinent information.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Ch. Code art. 850 — LA Code / Code childrens-code / Article 850
Summons; child and resident parent
Status: in_force

A. Except as provided in Paragraph B of this Article, when a delinquency petition involves a child whose parent is a resident, the court shall issue a summons commanding that the child, his parents, and such other persons as the court deems proper appear before the court at a designated time and place.

B. In its discretion the court may decline to issue a summons to appear at any hearing for the parents of any child who is eighteen years of age or older.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Evid. art. 415 — LA Code / Code code-of-evidence / Article 415
Act of contacting or retaining an attorney
Status: in_force

In any criminal proceeding, the act of contacting or retaining an attorney shall not be admissible against any individual or entity, unless such act falls within an established exception for crime or fraud.

Acts 1993, No. 626, §1.
La. Code Civ. Proc. art. 922 — LA Code / Code code-of-civil-procedure / Article 922
Kinds of exceptions
Status: in_force

Three exceptions and no others shall be allowed: the declinatory exception, the dilatory exception, and the peremptory exception.
La. Code Crim. Proc. art. 930.4 — LA Code / Code code-of-criminal-procedure / Article 930.4
Jurisdictional bars to relief; repetitive applications
Status: in_force

A. Any claim for relief which was fully litigated in an appeal from the proceedings leading to the judgment of conviction and sentence shall not be considered.

B. If the application alleges a claim of which the petitioner had knowledge and inexcusably failed to raise in the proceedings leading to conviction, the court shall deny relief.

C. If the application alleges a claim which the petitioner raised in the trial court and inexcusably failed to pursue on appeal, the court shall deny relief.

D. If the application alleges a claim seeking to apply a new rule of criminal procedure that has been held by the United States Supreme Court and the Louisiana Supreme Court to be nonretroactive, the court shall deny relief.

E. A successive application shall be dismissed if it fails to raise a new or different claim.

F. A successive application shall be dismissed if it raises a new or different claim that was inexcusably omitted from a prior application.

G. Any attempt or request by a petitioner to supplement or amend the application shall be subject to all of the limitations and restrictions set forth in this Article. In addition to serving the district attorney for the jurisdiction where the underlying conviction was obtained, any subsequent, successive, amending, or supplemental application shall be served by the petitioner on the district attorney and the attorney general. If the court subsequently orders any hearing on the application, the court shall send notice to the district attorney and attorney general at least sixty days in advance of the hearing date.

H. The limitations set forth in this Article shall be jurisdictional and shall not be waived or excused by the court or the district attorney.

Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2013, No. 251, §1, eff. Aug. 1, 2014; Acts 2021, No. 104, §1; Acts 2024, 2 nd Ex. Sess., No. 10, §1, eff. Aug. 1, 2024; Acts 2025, No. 393, §1.
La. Ch. Code art. 1672 — LA Code / Code childrens-code / Article 1672
Severability and construction
Status: in_force

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

Acts 2003, No. 1185, §1, eff. July 1, 2004.
La. Code Crim. Proc. art. 328 — LA Code / Code code-of-criminal-procedure / Article 328
Bail undertaking
Status: in_force

A. The bail undertaking shall:

(1) Be in writing.

(2) State the court before which the defendant is bound to appear.

(3) Be entered into before an officer who is authorized to take it.

(4) State a single amount of bail for each charge.

B. The bail undertaking shall be enforceable if the above requirements are met; and no officer may refuse to accept the posting of a bail undertaking and releasing a defendant on bail if the conditions set by this Title are met. A person shall not be discharged from his bail undertaking, nor shall a judgment of forfeiture be stayed, set aside, or reversed, nor the collection of any such judgment be barred or defeated by reason of any defect of form, omission of a recital, or of a condition of the undertaking, by reason of a failure to note or record the default of any defendant or surety, or because of any other irregularity. The bail undertaking shall run, subject to the provisions of Article 626, in favor of the state of Louisiana, or the city or parish whose ordinance is charged to have been violated, with the proceeds to be disposed of according to law. No error, inaccuracy, or omission in naming the obligee on the bail undertaking is a defense to an action thereon.

C.(1) An electronic bond may be executed in a parish where the sheriff has electronic bond software in place. Agents may be approved by the sheriff to execute an electronic bond. A licensed bail bond producer applying for electronic bond authority may make an application to the sheriff and shall be domiciled and maintain a principal place of business in this state and possess a Louisiana bail bond producer license for at least three years preceding the date of application.

(2) The approving sheriff authority may require any documents deemed necessary to verify the information contained in the application.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017; Acts 2024, No. 564, §1.
La. Civ. Code art. 2995 — LA Code / Code civil-code / Article 2995
Incidental, necessary, or professional acts
Status: in_force

The mandatary may perform all acts that are incidental to or necessary for the performance of the mandate.

The authority granted to a mandatary to perform an act that is an ordinary part of his profession or calling, or an act that follows from the nature of his profession or calling, need not be specified.

A mandatary shall not prevent or limit reasonable communication, visitation, or interaction between a principal who is over the age of eighteen years and another person without prior court approval, to be granted only upon a showing of good cause by the mandatary, unless express authority has been provided pursuant to Article 2997(7).

Acts 1997, No. 261, §1, eff. Jan. 1, 1998; Acts 2016, No. 110, §1, eff. May 19, 2016.
La. Code Civ. Proc. art. 4906 — LA Code / Code code-of-civil-procedure / Article 4906
Form of judgment in parish or city courts
Status: in_force

The judgment shall be in writing, contain the typewritten or printed name of the judge, and be signed by the judge. Any judgment that does not contain the typewritten or printed name of the judge shall not be invalidated for that reason.

Acts 1986, No. 156, §1; Acts 2014, No. 144, §1.
La. Code Crim. Proc. art. 164 — LA Code / Code code-of-criminal-procedure / Article 164
Means and force in executing warrant
Status: in_force

In order to execute a search warrant a peace officer may use such means and force as are authorized for arrest by Title V.*

*C.Cr.P. Art. 201 et seq.