FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 2084 — LA Code / Code code-of-civil-procedure / Article 2084
Legal representative may appeal
Status: in_force

A legal representative may appeal any appealable judgment rendered against him or affecting the property which he is administering, for the benefit of the person whose property he administers or whom he represents, whenever he considers an appeal necessary or advisable.
La. Ch. Code art. 1351 — LA Code / Code childrens-code / Article 1351
Definitions
Status: in_force

As used in this Chapter:

(1) "Applicable payee" means the spouse, the tutor or custodian of the child, the court-approved fiduciary of the spouse or child, or the department in a FITAP case or in a non-FITAP case in which the department is rendering services as designated by the court to be the payee.

(2) "Child" means a person under the age of eighteen or an eighteen year old who is a full-time student in a secondary school and who is dependent on either parent.

(3) "Criminal neglect of family" means the desertion or intentional nonsupport by a spouse of his or her spouse who is in destitute or necessitous circumstances or by either parent of his minor child who is in destitute or necessitous circumstances.

(4) "Department" means the Department of Children and Family Services.

(5) "FITAP" means the Family Independence Temporary Assistance Program.

(6) "Spouse" shall mean a husband or wife.

Acts 1993, No. 442, §2, eff. June 9, 1993; Acts 2022, No. 271, §8.
La. Civ. Code art. 1923 — LA Code / Code civil-code / Article 1923
Incapacity of unemancipated minor; exceptions
Status: in_force

A contract by an unemancipated minor may be rescinded on grounds of incapacity except when made for the purpose of providing the minor with something necessary for his support or education, or for a purpose related to his business.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1437 — LA Code / Code childrens-code / Article 1437
Probable cause; order for examination
Status: in_force

A. As soon as practical after the filing of the petition, the court shall review the petition and supporting documents and determine whether there exists probable cause to believe that the minor respondent is suffering from mental illness which contributes or causes him to be a danger to himself or others, or to be gravely disabled, or is suffering from substance abuse which contributes or causes him to be a danger to himself or others or to be gravely disabled.

B. If the court determines that probable cause exists, the court may appoint the minor respondent's treating physician if available or, if none, then another physician, preferably a psychiatrist, to examine the minor and make a written report to the court and respondent's attorney on the form provided by the office of behavioral health of the Louisiana Department of Health.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2013, No. 220, §25, eff. June 11, 2013.
La. Civ. Code art. 3039 — LA Code / Code civil-code / Article 3039
Suretyship requires no formal acceptance
Status: in_force

Suretyship is established upon receipt by the creditor of the writing evidencing the surety's obligation. The creditor's acceptance is presumed and no notice of acceptance is required.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Code Crim. Proc. art. 693 — LA Code / Code code-of-criminal-procedure / Article 693
Effect of dismissal
Status: in_force

Dismissal by the district attorney of an indictment or of a count of an indictment, discharges that particular indictment or count. The dismissal is not a bar to a subsequent prosecution, except that:

(1) A dismissal entered without the defendant's consent after the first witness is sworn at the trial on the merits, shall operate as an acquittal and bar a subsequent prosecution for the charge dismissed; and

(2) A dismissal entered after a city court conviction has been appealed to the district court for a trial de novo, shall operate as an acquittal and bar a subsequent prosecution for the charge dismissed.
La. Code Crim. Proc. art. 733 — LA Code / Code code-of-criminal-procedure / Article 733
Form
Status: in_force

A subpoena shall state the name of the court and the title of the case and shall command the attendance of a witness at a time and place specified.

Acts 1986, No. 505, §1.
La. Civ. Code art. 504 — LA Code / Code civil-code / Article 504
Ownership of abandoned bed when river changes course.
Status: in_force

When a navigable river or stream abandons its bed and opens a new one, the owners of the land on which the new bed is located shall take by way of indemnification the abandoned bed, each in proportion to the quantity of land that he lost.

If the river returns to the old bed, each shall take his former land.

Acts 1979, No. 180, §1.
La. Civ. Code art. 1350 — LA Code / Code civil-code / Article 1350
Items included in accounts.
Status: in_force

The officer shall include in these accounts:

1. The sums which each of the coheirs owes to the deceased;

2. Those which each of the coheirs may have received or disbursed on account of the succession, whether for the payment of debts or for necessary and useful expenses on the effects of the succession;

3. Those which each of the coheirs may owe by reason of damages or injury, which have been caused by his fault to the effects of the succession.
La. Civ. Code art. 1879 — LA Code / Code civil-code / Article 1879
Extinguishment of existing obligation
Status: in_force

Novation is the extinguishment of an existing obligation by the substitution of a new one.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 2331 — LA Code / Code code-of-civil-procedure / Article 2331
Publication of notice of sale
Status: in_force

A. Notice of the sale of property under a writ of fieri facias shall be published at least once for movable property, and at least twice for immovable property, in the manner provided by law. The court may order additional publications.

B. Notwithstanding the requirements of Paragraph A of this Article, if a judicial sale of immovable property is cancelled or postponed and rescheduled for a later date, notice of sale of property under a writ of fieri facias shall be published once in the manner provided by law.

C. The sheriff shall not order the advertisement of the sale of the property seized until three days, exclusive of holidays, have elapsed after service on the judgment debtor of the notice of seizure, as provided in Article 2293.

Amended by Acts 2021, No. 469, §1.
La. Ch. Code art. 1232 — LA Code / Code childrens-code / Article 1232
Interlocutory decree
Status: in_force

Upon due consideration of the factors enumerated in Article 1230(B), the court may grant or refuse to grant an interlocutory decree during or after the hearing. The basic consideration for this decree shall be the best interests of the child.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 1351 — LA Code / Code civil-code / Article 1351
Deduction of donations not subject to collation.
Status: in_force

The accounts being thus settled, the officer must deduct from the effects of the succession the things which have been bequeathed by the deceased, either to any of the coheirs beyond his portion when the collation is dispensed with, or to any other persons, as these things ought not be included in the mass of the effects to be divided.
La. Ch. Code art. 774 — LA Code / Code childrens-code / Article 774
Physical and mental examination for disposition
Status: in_force

A. Following the adjudication, the court may order such physical and mental examination and evaluation of any child of the family and his caretaker as may be helpful in determining a fair and just disposition.

B. After giving the caretaker a reasonable opportunity to be heard, the court may order that he shall contribute to the cost of any court-ordered examination or evaluation in an amount commensurate with his ability to pay.

Acts 1991, No. 235, §7.
La. Code Civ. Proc. art. 4132 — LA Code / Code code-of-civil-procedure / Article 4132
Nature of security
Status: in_force

A. The security required by Article 4131 shall be in the form of a bond, to be approved by the court, and secured by:

(1) A surety company authorized to do business in this state;

(2) Bonds of this state or of any political subdivision or any municipality thereof, or of the United States, or certificates of deposit in any bank, savings bank, or trust company chartered under the laws of Louisiana or National Banking Association domiciled in this state and insured by the Federal Deposit Insurance Corporation, or shares of any building or loan or homestead association domiciled in this state and insured by an agency of the United States, in an amount at par value equal at least to the amount of the security required; or

(3) No less than two personal sureties signing in solido who are residents of this state and who each have unencumbered property located in this state in an amount amply sufficient to secure the amount of the bonds notwithstanding the provisions of Civil Code Article 3042 or any other law to the contrary.

B. Bonds or homestead shares or certificates of deposit of a bank posted as security shall be deposited for safekeeping with the clerk of court or in a bank or other recognized depository as directed by the court, and may not be withdrawn without an order of court. The form of the act under which such bonds or shares are given in security shall be substantially that of a bond, in which the principal binds himself and declares that instead of furnishing sureties, he deposits, as directed by the court, such bonds or shares to be subject to any claim the minor may have.

C. Insured homestead shares or certificates of deposit of a bank may not be furnished as security in excess of the amount insured.

D. The bond shall not be recorded in the mortgage records nor operate as a mortgage.

Amended by Acts 1977, No. 192, §1, eff. July 5, 1977; Acts 1985, No. 136, §1.
La. Code Crim. Proc. art. 737 — LA Code / Code code-of-criminal-procedure / Article 737
Contempt; attachment of witnesses failing to appear
Status: in_force

Contumacious failure to comply with a subpoena, proof of service of which appears of record, constitutes a direct contempt of the court which issued the subpoena, and the court may order the witness attached and brought to court immediately.

If an order of attachment is issued, it may be executed in any parish by the sheriff of the parish from which the attachment was issued, or by the sheriff of the parish where the witness is found.
La. Code Civ. Proc. art. 934 — LA Code / Code code-of-civil-procedure / Article 934
Effect of sustaining peremptory exception
Status: in_force

When the grounds of the objection pleaded by the peremptory exception may be removed by amendment of the petition, the judgment sustaining the exception shall order such amendment within the delay allowed by the court. If the grounds of the objection raised through the exception cannot be so removed, or if the plaintiff fails to comply with the order to amend, the action, claim, demand, issue, or theory shall be dismissed.

Acts 2003, No. 545, §1.
La. Code Crim. Proc. art. 883.1 — LA Code / Code code-of-criminal-procedure / Article 883.1
Sentences concurrent with sentences of other jurisdictions
Status: in_force

A. The sentencing court may specify that the sentence imposed be served concurrently with a sentence imposed by a federal court or a court of any other state and that service of the concurrent terms of imprisonment in a federal correctional institution or a correctional institution of another state shall be in satisfaction of the sentence imposed in this state in the manner and to the same extent as if the defendant had been committed to the Department of Public Safety and Corrections for the term of years served in a federal correctional institution or a correctional institution of another state. When serving a concurrent sentence in a federal correctional institution or a correctional institution of another state, the defendant shall receive credit for time served as allowed under the laws of this state.

B. Whenever sentence is imposed under the provisions of this Article, the court shall order that the defendant be remanded to the custody of the sheriff of the parish in which the defendant was convicted in the event that the terms of imprisonment to which the defendant is sentenced in the foreign jurisdiction terminates prior to the date on which the sentence imposed in this state is to terminate. If the defendant completes the term of imprisonment during his incarceration in the other jurisdiction, the department shall forward a copy of the discharge papers to the sheriff in the parish of conviction and to the appropriate authorities having physical custody of the defendant.

C. In every case where a sentence at hard labor is imposed under the provisions of this Article, the court shall order that a certified copy of the Uniform Sentencing Commitment Order in the format authorized by the Louisiana Supreme Court be forwarded to the Department of Public Safety and Corrections. If the department needs information relating to the sentence not provided in the Uniform Sentencing Commitment Order, it may request that information from the court.

Added by Acts 1976, No. 490, §1; Acts 1991, No. 138, §2; Acts 2017, No. 98, §1, eff. December 1, 2017.

{{NOTE: SEE ACTS 1991, NO. 138, §§4 AND 5, FOR SPECIAL EFFECTIVE DATE AND APPLICABILITY PROVISIONS.}}
La. Ch. Code art. 310 — LA Code / Code childrens-code / Article 310
Jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act
Status: in_force

A. Unless declined, a court exercising juvenile court jurisdiction shall have exclusive original jurisdiction over cases subject to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act, pursuant to R.S. 13:1801 et seq., when in interstate custody disputes any of the following occur:

(1) A claim of emergency jurisdiction is made pursuant to R.S. 13:1816.

(2) A petition alleges that a child is in need of care as defined by Title VI.

(3) A petition otherwise alleges facts that may bring the proceedings within the exclusive original jurisdiction of the juvenile courts pursuant to this Code.

B. The district courts shall have exclusive original jurisdiction over all other claims of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act and claims of emergency jurisdiction when declined by the juvenile court.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2010, No. 861, §1.
La. Civ. Code art. 2483 — LA Code / Code civil-code / Article 2483
Costs of delivery and of removal
Status: in_force

The cost of making delivery is borne by the seller and that of taking delivery by the buyer, in the absence of agreement to the contrary.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 2825 — LA Code / Code code-of-civil-procedure / Article 2825
Costs
Status: in_force

In all succession proceedings conducted ex parte, the court costs are to be paid as administration expenses. In all contradictory succession proceedings, the court costs are to be paid by the party cast, unless the court directs otherwise.

Amended by Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Civ. Code art. 517 — LA Code / Code civil-code / Article 517
Voluntary transfer of ownership of an immovable
Status: in_force

The ownership of an immovable is voluntarily transferred by a contract between the owner and the transferee that purports to transfer the ownership of the immovable. The transfer of ownership takes place between the parties by the effect of the agreement and is not effective against third persons until the contract is filed for registry in the conveyance records of the parish in which the immovable is located.

Acts 1979, No. 180, §1; Acts 2005, No. 169, §2, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.
La. Ch. Code art. 424.10 — LA Code / Code childrens-code / Article 424.10
CASA; immunity
Status: in_force

No cause of action shall exist against any CASA volunteer, director, employee, staff, or volunteer who in good faith makes a report, cooperates in an investigation by an agency, or participates in judicial proceedings. Each such person shall have immunity from civil or criminal liability that might otherwise be incurred or imposed. This immunity from liability shall not extend to:

(1) An alleged principal, conspirator, or accessory to an offense involving the abuse or neglect or sexual exploitation of a child.

(2) A person who makes a report known to be false or with reckless disregard for the truth of the report.

(3) The unauthorized divulging of confidential information occasioned by the CASA volunteer's gross fault or gross neglect.

Acts 1999, No. 275, §1, eff. July 1, 1999.
La. Ch. Code art. 869.1 — LA Code / Code childrens-code / Article 869.1
Appointment of sanity commission; qualifications
Status: in_force

A.(1) Within seven days after a mental examination is ordered, the court shall appoint a sanity commission to examine and report upon the mental condition of the child. The sanity commission shall consist of at least two and not more than three physicians. Not more than one member of the commission shall be the coroner or any one of his deputies. The court may appoint, in lieu of one physician, a psychologist.

(2) Every person appointed to the commission shall be licensed in his field in Louisiana, have been in the actual practice of medicine or clinical or counseling psychology for not less than three consecutive years immediately preceding the appointment, have expertise in child development specific to severe chronic disability of children attributable to intellectual impairment, and be qualified by training or experience in forensic evaluation of children.

(3) The order appointing the sanity commission shall set the time and date of the contradictory hearing within sixty days if the child is in a secure detention facility and otherwise within seventy-five days.

B. If no psychologist is appointed to the commission and one of the appointed physicians determines that psychological testing is needed, upon request of the commission the court shall appoint a psychologist to the commission.

C. The commission members shall have free access to the child at all reasonable times. The court shall issue a subpoena for the attendance of witnesses to be interviewed by the examiner at the request of the child, the commission, or any member thereof.

D. For the purpose of the mental examination, the court may order a child previously released on bail to appear for any mental examination and hearing authorized by this Chapter.

E. The clerk of court shall give written notice of the time and date of the contradictory hearing and all continuances to the Louisiana Department of Health, Bureau of Legal Services.

Acts 2008, No. 222, §1, eff. June 16, 2008.
La. Civ. Code art. 491 — LA Code / Code civil-code / Article 491
Buildings, other constructions, standing timber, and crops.
Status: in_force

Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees may belong to a person other than the owner of the ground. Nevertheless, they are presumed to belong to the owner of the ground, unless separate ownership is evidenced by an instrument filed for registry in the conveyance records of the parish in which the immovable is located.

Acts 1979, No. 180, §1.
La. Code Civ. Proc. art. 3514 — LA Code / Code code-of-civil-procedure / Article 3514
Release not to affect right to damages
Status: in_force

The release of property upon furnishing security under Articles 3507, 3509, or 3576 shall not preclude a party from asserting the invalidity of the seizure, or impair his right to damages because of a wrongful seizure.
La. Ch. Code art. 892 — LA Code / Code childrens-code / Article 892
Disposition hearing; time
Status: in_force

Prior to entering a judgment of disposition, the court shall conduct a disposition hearing. The disposition hearing may be conducted immediately after the adjudication and shall be conducted within thirty days after the adjudication. Such period may be extended for good cause.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 564 — LA Code / Code civil-code / Article 564
Treasure.
Status: in_force

The usufructuary has no right to the enjoyment of a treasure found in the property of which he has the usufruct. If the usufructuary has found the treasure, he is entitled to keep one-half of it as finder.

Acts 1976, No. 103, §1.
La. Code Crim. Proc. art. 581 — LA Code / Code code-of-criminal-procedure / Article 581
Expiration of limitations; motion to quash; effect
Status: in_force

Upon the expiration of the limitations established by this Chapter, the court shall, upon motion of the defendant, dismiss the indictment. This right of dismissal is waived unless the motion to quash is made prior to trial.

If the indictment is dismissed under this article, there shall be no further prosecution against the defendant for the same or a lesser offense based on the same facts.
La. Civ. Code art. 1415 — LA Code / Code civil-code / Article 1415
Estate debts; administrative expenses
Status: in_force

Estate debts are debts of the decedent and administration expenses. Debts of the decedent are obligations of the decedent or those that arise as a result of his death, such as the cost of his funeral and burial. Administration expenses are obligations incurred in the collection, preservation, management, and distribution of the estate of the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Ch. Code art. 575 — LA Code / Code childrens-code / Article 575
Duties of the program; qualifications of counsel
Status: in_force

A. The program shall provide qualified legal counsel, which shall include curator ad hoc appointments, to indigent or absent parents in child abuse and neglect cases in accordance with the provisions of Articles 608 and 1016 and R.S. 15:141 through 183 and 185.1 through 185.9.

B. Legal representation, which shall include curator ad hoc appointments, of indigent or absent parents in child abuse and neglect cases shall comply with standards promulgated by the Louisiana Public Defender Board, or any successor to that board in accordance with R.S. 15:141 through 183 and 185.1 through 185.9 to ensure competent and fair representation.

C. The Indigent Parents' Representation Program, through its governing authority, may adopt policies to provide representation to indigent parents prior to the commencement of court proceedings.

Acts 2007, No. 95, §1; Acts 2014, No. 354, §1; Acts 2016, No. 407, §1, eff. June 5, 2016; Acts 2022, No. 272, §1.
La. Ch. Code art. 767.1 — LA Code / Code childrens-code / Article 767.1
Federal Indian Child Welfare Act inquiry
Status: in_force

A. At the commencement of the adjudication hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.

B. In accordance with Article 767.2, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.

C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or Department of Children and Family Services has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to adjudication in accordance with this Title.

Acts 2018, No. 296, §1.