FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3657 — LA Code / Code code-of-civil-procedure / Article 3657
Same; cumulation with petitory action or declaratory judgment action; reconventional demand or separate suit asserting ownership or title
Status: in_force

A. The plaintiff shall not cumulate the possessory action with either the petitory action or a declaratory judgment action to determine ownership. If the plaintiff does so, the possessory action does not abate, but the defendant may object to the cumulation by asserting a dilatory exception. If, before executory judgment in the possessory action, the plaintiff institutes the petitory action or a declaratory judgment action in a separate suit, the possessory action abates.

B. When the defendant in a possessory action asserts title in himself, in the alternative or otherwise, the defendant does not thereby convert the possessory action into a petitory action or judicially confess the possession of the plaintiff in the possessory action, but the defendant's assertions of title shall be considered in defense of the possessory action only for the purposes stated in Article 3661(B).

C. Unless the plaintiff in the possessory action seeks an adjudication of his ownership, the defendant shall not file a reconventional demand asserting a petitory action or declaratory judgment action to determine ownership. If, before executory judgment in a possessory action, the defendant therein institutes a petitory action or a declaratory judgment action to determine ownership in a separate suit he files against the plaintiff in the possessory action, the defendant in the possessory action judicially confesses the possession of the plaintiff in the possessory action.

Acts 2023, No. 421, §2.
La. Civ. Code art. 2292 — LA Code / Code civil-code / Article 2292
Management of affairs; definition
Status: in_force

There is a management of affairs when a person, the manager, acts without authority to protect the interests of another, the owner, in the reasonable belief that the owner would approve of the action if made aware of the circumstances.

Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
La. Ch. Code art. 314.1 — LA Code / Code childrens-code / Article 314.1
Special venue in proceedings concerning child support
Status: in_force

Proceedings to modify an order for child support, medical support, and income assignment, or any one or combination of such orders, brought pursuant to Article 311 shall be brought only in the proper parish specified by Code of Civil Procedure Article 74.2.

Acts 1997, No. 603, §3.
La. Civ. Code art. 3218 — LA Code / Code civil-code / Article 3218
OF THE PRIVILEGE OF THE LESSOR
Status: in_force

Art. 3218. Repealed by Acts 2004, No. 821, §4, eff. Jan. 1, 2005.
La. Civ. Code art. 738 — LA Code / Code civil-code / Article 738
No revocation by grantor.
Status: in_force

The grantor may not revoke the servitude on the ground that the person who acquired it for the benefit of the dominant estate was not the owner, that he was incompetent, or that he lacked authority.

Acts 1977, No. 514, §1.
La. Ch. Code art. 1016 — LA Code / Code childrens-code / Article 1016
Right to counsel
Status: in_force

A.(1) The child and each identified parent shall have the right to be represented by separate counsel in a termination proceeding brought in accordance with this Title. The child shall be a party to the proceedings. Neither the child nor anyone purporting to act on behalf of the child shall be permitted to waive the child's right to counsel.

(2) In no event shall the petitioner of an action pursuant to Article 1015.1 or the child be required to interact with the respondent as a condition to pursue termination in accordance with this Article. Any counsel acting on behalf of the child shall not require a petitioner to make the child available for any visitation or conversation with the respondent or the respondent's family and shall not require any nonoffending petitioner to take classes or provide updates on the child. A petitioner shall have the right to seek an emergency supervisory writ for any violation of this Article.

B. The court shall appoint the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child in the proceeding. Counsel for the child shall have the authority to represent the child throughout the termination proceeding and any appellate review.

C. If the court determines that the parent is indigent and unable to employ counsel solely for that reason, the court shall refer the parent for representation by the Indigent Parents' Representation Program.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2004, No. 301, §1, eff. June 18, 2004; Acts 2004, No. 321, §1; Acts 2006, No. 271, §1; Acts 2014, No. 354, §1; Acts 2017, No. 239, §1; Acts 2022, No. 272, §1; Acts 2023, No. 271, §1, eff. June 9, 2023; Acts 2024, No. 92, §1.
La. Ch. Code art. 655 — LA Code / Code childrens-code / Article 655
Medical treatment of children; costs
Status: in_force

A. On its own motion, or on the motion of the child or the petitioner, the court may order the parent of a child concerning whom a petition has been filed to provide necessary medical or surgical care.

B. If the parent fails to provide such care, the court may, after due notice to the parent, order the care and order the parent to pay all or part of the expense.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Civ. Code art. 1367 — LA Code / Code civil-code / Article 1367
Formation of lots by experts.
Status: in_force

The lots are formed by experts chosen for that purpose and sworn by the officer charged with the partition, and are afterwards drawn for by the coheirs.
La. Code Crim. Proc. art. 297 — LA Code / Code code-of-criminal-procedure / Article 297
Transmission of transcripts and other evidence
Status: in_force

After the preliminary examination, unless the court has ordered the release of the defendant upon a finding that there is not probable cause to charge him with an offense, the court shall transmit, without delay, to the clerk of the court having jurisdiction of the offense:

(1) The transcript of the testimony of the witnesses, including that of the defendant if he testified;

(2) The order rendered after the examination, or a certified copy thereof; and

(3) All articles or objects admitted in evidence.
La. Ch. Code art. 1040 — LA Code / Code childrens-code / Article 1040
Report
Status: in_force

A. Following a judgment terminating all parental rights pursuant to this Title, when the department is the legal custodian of the child, the department shall report to the court in detail concerning the child's permanent placement.

B. When the department is not the legal custodian of the child, the petitioner shall report to the court concerning the child's adoptive placement.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1999, No. 1062, §2, eff. Jan. 1, 2000.
La. Code Crim. Proc. art. 481 — LA Code / Code code-of-criminal-procedure / Article 481
Theft
Status: in_force

An indictment for theft may include several counts against the same defendant for distinct acts of theft, and the aggregate amount of the thefts shall determine the grade of the offense charged. If a defendant misappropriates money or other things of value, which were entrusted to him by virtue of his office, employment, or any fiduciary relationship, he may be charged in one count with theft of the aggregate amount misappropriated by him during the entire time of his holding the office, employment, or fiduciary relationship.
La. Code Evid. art. 701 — LA Code / Code code-of-evidence / Article 701
Opinion testimony by lay witnesses
Status: in_force

If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are:

(1) Rationally based on the perception of the witness; and

(2) Helpful to a clear understanding of his testimony or the determination of a fact in issue.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Crim. Proc. art. 623.1 — LA Code / Code code-of-criminal-procedure / Article 623.1
Capital cases; transfer of jury
Status: in_force

In a case involving a capital offense, upon motion to transfer a jury or on its own motion, if the court determines it is in the interest of justice, the court may, as an alternative to transferring the case to another parish after a change of venue is granted, select a jury in the parish to which venue would otherwise have been transferred, and thereafter, transfer such jury to the court in which the case is pending.

Acts 1991, No. 82, §1.
La. Civ. Code art. 2016 — LA Code / Code civil-code / Article 2016
Dissolution without notice to perform
Status: in_force

When a delayed performance would no longer be of value to the obligee or when it is evident that the obligor will not perform, the obligee may regard the contract as dissolved without any notice to the obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 4391 — LA Code / Code code-of-civil-procedure / Article 4391
Duty to account; annual accounts
Status: in_force

A tutor shall file an account annually, reckoning from the day of his appointment, and at any other time when ordered by the court on its own motion or on the application of any interested person.
La. Code Civ. Proc. art. 2632 — LA Code / Code code-of-civil-procedure / Article 2632
Act importing a confession of judgment
Status: in_force

An act evidencing a mortgage or privilege imports a confession of judgment when the obligor therein acknowledges the obligation secured thereby, whether then existing or to arise thereafter, and confesses judgment thereon if the obligation is not paid at maturity.
La. Civ. Code art. 791 — LA Code / Code civil-code / Article 791
Liability for unauthorized removal of markers.
Status: in_force

When the boundary has been marked judicially or extrajudicially, one who removes boundary markers without court authority is liable for damages. He may also be compelled to restore the markers to their previous location.

Acts 1977, No. 169, §1.
La. Code Civ. Proc. art. 1474 — LA Code / Code code-of-civil-procedure / Article 1474
Service of written objections, notices, requests, affidavits, interrogatories, and answers thereto
Status: in_force

A. Except as otherwise provided by Article 1430, all of the objections, notices, requests, affidavits, interrogatories, and answers to interrogatories, required by any Article in this Chapter to be in writing and served on an adverse party, may be served as provided in Article 1313.

B. Interrogatories and the answers thereto, requests for production or inspection, and requests for admissions and the responses thereto authorized by Article 1421 shall be served upon other counsel or parties, but shall not be filed in the record of the proceedings, unless filing is required under the provisions of Paragraph C of this Article or unless ordered to be filed by the court. The failure or lack of filing such items shall not affect the use or admissibility at trial or by the court if otherwise authorized or provided by law. The party responsible for service of the discovery materials shall retain the original and become the custodian of such materials.

C.(1) If relief is sought under Article 1467 or 1469 with regard to any interrogatories, requests for production or inspection, requests for admissions, answers to interrogatories, or responses to requests for admissions, copies of the portions of the interrogatories, requests, answers, or responses in dispute shall be filed with the court contemporaneously with any motion filed under such Articles.

(2) If interrogatories, requests, answers, or responses are to be used at trial or are necessary to a pretrial motion which might result in a final order on any issue, the portions to be used shall be filed in the proceedings at the outset of the trial or at the filing of the motion insofar as their use can be reasonably anticipated.

(3) When documentation of discovery not previously in the record is needed for appeal purposes, upon an application and order of the court, or by stipulation of counsel, the necessary discovery materials shall be filed in the proceedings.

(4) The serving of any discovery materials pursuant to the provisions of this Article shall be considered a step in the prosecution or defense of an action for purposes of Article 561, notwithstanding that such discovery materials are not filed in the record of the proceedings.

D. The provisions of this Article shall not be construed to preclude the filing of any discovery materials as exhibits or as evidence in connection with a motion or at trial.

Acts 1989, No. 388, §1, eff. June 30, 1989.
La. Code Crim. Proc. art. 461 — LA Code / Code code-of-criminal-procedure / Article 461
Special definitions
Status: in_force

In this Title the terms enumerated shall have the designated meanings:

"Writing" and "written" include words printed, painted, typed, engraved, lithographed, photographed, or otherwise copied, traced, or made visible to the eye.

"Indictment" includes affidavit and information, unless it is the clear intent to restrict that word to the finding of a grand jury.
La. Code Civ. Proc. art. 1236 — LA Code / Code code-of-civil-procedure / Article 1236
Service on clerical employees of physicians
Status: in_force

Service on any physician, when not a party to an action, may be made at his or her office through personal service on any clerical employee of such physician.

Added by Acts 1975, No. 778, §1. Amended by Acts 1997, No. 1056, §1.
La. Ch. Code art. 1145 — LA Code / Code childrens-code / Article 1145
Registration
Status: in_force

A. If no permanent placement has been made within ninety days after a voluntary surrender to a child care agency, the child shall be registered by the appropriate child placement agency with the Louisiana Adoption Resource Exchange within the office of community resources of the department.

B. Any such registration shall not include the surname of the child or otherwise reveal the identities of the blood parents of the child.

C. 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.

D. 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, §11, eff. Jan. 1, 1992.
La. Civ. Code art. 751 — LA Code / Code civil-code / Article 751
Destruction of dominant or of servient estate.
Status: in_force

A predial servitude is extinguished by the permanent and total destruction of the dominant estate or of the part of the servient estate burdened with the servitude.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 433 — LA Code / Code code-of-criminal-procedure / Article 433
Persons present during grand jury sessions
Status: in_force

A.(1) Only the following persons may be present at the sessions of the grand jury:

(a) The district attorney and assistant district attorneys or any one or more of them.

(b) The attorney general and assistant attorneys general or any one or more of them.

(c) The witness under examination.

(d) A person sworn to record the proceedings of and the testimony given before the grand jury.

(e) An interpreter sworn to translate the testimony of a witness who is a limited English proficient or deaf individual.

(2) An attorney for a target of the grand jury's investigation may be present during the testimony of the target. The attorney shall be prohibited from objecting, addressing, or arguing before the grand jury; however, the attorney may consult with his client at any time. The court shall remove the attorney for a violation of these conditions. If a witness becomes a target because of his testimony, the legal advisor to the grand jury shall inform the witness of his right to counsel and cease questioning until the witness has obtained counsel or voluntarily and intelligently waived his right to counsel. Any evidence or testimony obtained under the provisions of this Subparagraph from a witness who later becomes a target shall not be admissible in a proceeding against him.

B. No person, other than a grand juror, shall be present while the grand jury is deliberating and voting.

C. A person who is intentionally present at a meeting of the grand jury, except as authorized by Paragraph A of this Article, shall be in constructive contempt of court.

Amended by Acts 1972, No. 409, §1; Acts 1986, No. 725, §1; Acts 1992, No. 308, §1; Acts 1999, No. 865, §1; Acts 2024, No. 32, §2.
La. Code Crim. Proc. art. 410 — LA Code / Code code-of-criminal-procedure / Article 410
Revising and supplementing the general venire
Status: in_force

A. At each commission meeting to revise and supplement the general venire, the commission shall examine the general venire list prepared at the previous selection of the general venire and shall delete therefrom the names of those persons who:

(1) Have served as civil or criminal jurors since the previous selection of the general venire; or

(2) Are known to have died or who have become disqualified to serve as jurors since their selection on the general venire.

B. The slips bearing the names of those persons deleted from the general venire list shall be removed from the general venire box.

C. The commission shall then supplement the list prepared at the previous commission meeting and the corresponding slips in the box by selecting a sufficient number of additional persons in compliance with Article 408 or Article 409 of this Code, whichever is applicable. Where the general venire list is maintained in a form suitable for use by a computer, the general venire shall likewise be deleted and supplemented as provided in this Article.

Amended by Acts 1972, No. 755, §1; Acts 2013, No. 220, §26, eff. June 11, 2013; Acts 2014, No. 791, §21.
La. Code Civ. Proc. art. 1202 — LA Code / Code code-of-civil-procedure / Article 1202
Form of citation
Status: in_force

The citation must be signed by the clerk of the court issuing it with an expression of his official capacity and under the seal of his office; must be accompanied by a certified copy of the petition, exclusive of exhibits, even if made a part thereof; and must contain the following:

(1) The date of issuance;

(2) The title of the cause;

(3) The name of the person to whom it is addressed;

(4) The title and location of the court issuing it; and

(5) A statement that the person cited must either comply with the demand contained in the petition or make an appearance, either by filing a pleading or otherwise, in the court issuing the citation within the delay provided in Article 1001 under penalty of default.
La. Civ. Code art. 3190 — LA Code / Code civil-code / Article 3190
General or special privileges on movables.
Status: in_force

Privileges are either general, or special on certain movables.
La. Civ. Code art. 2804 — LA Code / Code civil-code / Article 2804
Participation in one category only.
Status: in_force

If a partnership agreement establishes the extent of participation by partners in only one category of either profits, commercial benefits, losses, or the distribution of assets other than capital contributions, partners participate to that extent in each category unless the agreement itself or the nature of the participation indicates the partners intended otherwise.

Acts 1980, No. 150, §1.
La. Code Civ. Proc. art. 4 — LA Code / Code code-of-civil-procedure / Article 4
Same; determination when dependent on amount in dispute or value of right asserted
Status: in_force

When the jurisdiction of a court over the subject matter of an action depends upon the amount in dispute, or value of the right asserted, it shall be determined by the amount demanded, including damages pursuant to Civil Code Articles 2315.3 and 2315.4, or value asserted in good faith by the plaintiff, but the amount in dispute does not include interest, court costs, attorney fees, or penalties, whether provided by agreement or by law.

Acts 1995, No. 409, §1.
La. Civ. Code art. 3443 — LA Code / Code civil-code / Article 3443
Presumption of continuity of possession
Status: in_force

One who proves that he had possession at different times is presumed to have possessed during the intermediate period.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 789 — LA Code / Code civil-code / Article 789
Fixing of boundary judicially or extrajudicially.
Status: in_force

The boundary may be fixed judicially or extrajudicially. It is fixed extrajudicially when the parties, by written agreement, determine the line of separation between their lands with or without reference to markers on the ground.

Acts 1977, No. 169, §1.
La. Code Crim. Proc. art. 406 — LA Code / Code code-of-criminal-procedure / Article 406
Powers of jury commission; penalty for disobedience of commission process
Status: in_force

In order to secure qualified jurors, the jury commission may issue subpoenas to compel the attendance of witnesses and the production of evidence relative to the qualifications of prospective jurors. Disobedience of a subpoena of a jury commission is punishable as contempt of court.

Acts 2013, No. 220, §26, eff. June 11, 2013.
La. Ch. Code art. 1620 — LA Code / Code childrens-code / Article 1620
Authority to enter into agreements; approval of state treasurer
Status: in_force

NOTE: Art. 1620 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. The officers and agencies of this state and its political subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to Paragraph B of Article 1612.

B. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the state treasurer in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
La. Code Crim. Proc. art. 389 — LA Code / Code code-of-criminal-procedure / Article 389
Information to be provided to supreme court; daily reports
Status: in_force

A. Beginning on January 1, 2025, the clerk of court for each judicial district shall provide a daily electronic submission to the Louisiana Supreme Court containing the data elements enumerated in Article 388(A), as well as the date of initiation of prosecution, the date of adjudication, and the number of days from initiation of prosecution to adjudication for all criminal cases. The Louisiana Supreme Court shall include a summary of this information, broken down by judicial district, in its annual report.

B. The data required by Paragraph A of this Article shall be recorded and reported to the Louisiana Supreme Court in a standard format and practice as directed by the court.

Acts 2024, No. 724, §1.
La. Code Civ. Proc. art. 462 — LA Code / Code code-of-civil-procedure / Article 462
Cumulation by single plaintiff against single defendant
Status: in_force

A plaintiff may cumulate against the same defendant two or more actions even though based on different grounds, if:

(1) Each of the actions cumulated is within the jurisdiction of the court and is brought in the proper venue; and

(2) All of the actions cumulated are mutually consistent and employ the same form of procedure.

Except as otherwise provided in Article 3657, inconsistent or mutually exclusive actions may be cumulated in the same judicial demand if pleaded in the alternative.