FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 1301 — LA Code / Code civil-code / Article 1301
Testator's right to prohibit partition during minority of heirs.
Status: in_force

If the father or other ascendant orders by his will that no partition shall be made among his minor children or minor grandchildren inheriting from him, during the time of their minority, this prohibition must be observed, until one of the children or grandchildren comes of age, and demands the partition.
La. Civ. Code art. 3100 — LA Code / Code civil-code / Article 3100
Writing necessary.
Status: in_force

A submission must be reduced to writing.
La. Code Crim. Proc. art. 780 — LA Code / Code code-of-criminal-procedure / Article 780
Right to waive trial by jury
Status: in_force

A. A defendant charged with an offense other than one punishable by death may knowingly and intelligently waive a trial by jury and elect to be tried by the judge.

B. The defendant shall exercise his right to waive trial by jury in accordance with Article I, Section 17 of the Constitution of Louisiana. The waiver shall be by written motion filed in the district court not later than forty-five days prior to the date the case is set for trial. The motion shall be signed by the defendant and shall also be signed by defendant's counsel unless the defendant has waived his right to counsel.

C. With the consent of the district attorney the defendant may waive trial by jury within forty-five days prior to the commencement of trial.

D. A waiver of trial by jury is irrevocable and cannot be withdrawn by the defendant.

Amended by Acts 1974, Ex.Sess., No. 24, §1, eff. Jan. 1, 1975; Acts 1975, 1st Ex.Sess., No. 16, §1, eff. Jan. 28, 1975; Acts 1985, No. 801, §1; Acts 2013, No. 343, §1, eff. June 17, 2013.
La. Code Civ. Proc. art. 2883 — LA Code / Code code-of-civil-procedure / Article 2883
Olographic testament
Status: in_force

A. The olographic testament must be proved by the testimony of two credible witnesses that the testament was entirely written, dated, and signed in the testator's handwriting. The court must satisfy itself, through interrogation or from the written affidavits or the depositions of the witnesses, that the handwriting and signature are those of the testator, and except as provided in Article 2890, must mention these facts in its proces verbal.

B. A person's testimony for the purpose of this Article may be given in the form of an affidavit executed after the death of the testator stating that the olographic will was entirely written, dated, and signed in the testator's handwriting, unless the court in its discretion requires the person to appear and testify orally. All affidavits accepted by the court in lieu of oral testimony shall be filed in the probate proceedings. This Paragraph does not apply to testimony with respect to the genuineness of a will that is judicially attacked.

Acts 1983, No. 594, §1. Acts 1984, No. 393, §1; Acts 1999, No. 85, §1.
La. Ch. Code art. 825 — LA Code / Code childrens-code / Article 825
Types of security
Status: in_force

If the court determines that some sort of security is required to insure the child's presence for the adjudication, it shall set bail and may require any of the following forms of security:

(1) The child, parent, guardian, or legal custodian may have executed a bail bond in accordance with Article 314 of the Code of Criminal Procedure and deposit with the clerk the full amount of the bail secured by a deposit in cash or other authorized security, all of which shall be returnable upon satisfactory performance of the bail conditions.

(2) The child, parent, guardian, or legal custodian may have executed a bail bond and may deposit with the court or its designee a sum of money equal to ten percent of the bail, but in no event shall such deposit be less than twenty-five dollars. When the conditions of the bail bond have been discharged, the clerk shall return to the accused, unless the court orders otherwise, ninety percent of the sum which had been deposited and shall retain as bail bond costs ten percent of the amount deposited. However, in no event shall the amount retained by the clerk as bail bond costs be less than five dollars.

(3) The court may in the best interests of the child and his family agree to the deposit of other reasonable items of value or to the encumbrance of property as security to insure appearance for adjudication. These items will be returned to the child or other obligor upon the child's appearance for adjudication and the court's notice to the clerk for return.

(4) The child and his parents may sign a personal bail undertaking without the necessity of furnishing a surety, without depositing any special security, or without meeting any of the requirements for a personal surety as defined by Article 315 of the Code of Criminal Procedure.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
La. Civ. Code art. 2912 — LA Code / Code civil-code / Article 2912
Payment of interest in case of default
Status: in_force

When the borrower does not return the things lent or their value at the time when due, he is bound to pay legal interest from the date of written demand.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 2931 — LA Code / Code civil-code / Article 2931
Use of the thing deposited
Status: in_force

The depositary may not use the thing deposited without the express or implied permission of the depositor.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Code Evid. art. 901 — LA Code / Code code-of-evidence / Article 901
Requirement of authentication or identification
Status: in_force

A. General provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.

B. Illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this Article:

(1) Testimony of witness with knowledge. Testimony that a matter is what it is claimed to be.

(2) Nonexpert opinion on handwriting. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.

(3) Comparison by trier or expert witness. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.

(4) Distinctive characteristics and the like. Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances.

(5) Voice identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.

(6) Telephone conversations. Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if:

(a) In the case of a person, circumstances, including self-identification, show the person answering to be the one called; or

(b) In the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.

(7) Public records or reports. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.

(8) Ancient documents or data compilation. Evidence that a document or data compilation, in any form:

(a) Is in such condition as to create no suspicion concerning its authenticity;

(b) Was in a place where it, if authentic, would likely be; and

(c) Has been in existence thirty years or more at the time it is offered.

(9) Process or system. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.

(10) Methods provided by legislation. Any method of authentication or identification provided by Act of Congress or by Act of the Louisiana Legislature.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 2545 — LA Code / Code civil-code / Article 2545
Liability of seller who knows of the defect; presumption of knowledge
Status: in_force

A seller who knows that the thing he sells has a defect but omits to declare it, or a seller who declares that the thing has a quality that he knows it does not have, is liable to the buyer for the return of the price with interest from the time it was paid, for the reimbursement of the reasonable expenses occasioned by the sale and those incurred for the preservation of the thing, and also for damages and reasonable attorney fees. If the use made of the thing, or the fruits it might have yielded, were of some value to the buyer, such a seller may be allowed credit for such use or fruits.

A seller is deemed to know that the thing he sells has a redhibitory defect when he is a manufacturer of that thing.

Amended by Acts 1968, No. 84, §1; Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3158 — LA Code / Code civil-code / Article 3158
Enforcement of pledge of a movable
Status: in_force

If agreed in a written contract of pledge of a movable, the pledgee may, upon failure of performance of the secured obligation, dispose of the thing pledged at public auction or by private sale, but he shall act reasonably in disposing of the thing and shall account to the pledgor for any proceeds of the disposition in excess of the amount needed to satisfy the secured obligation. Otherwise, the pledgee may cause the sale of the thing pledged only by having it seized and sold under judicial process.

Amended by Acts 1900, No. 157, §1; Acts 1952, No. 290, §1; Acts 1989, No. 137, §17, eff. June 22, 1989; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 1958 — LA Code / Code civil-code / Article 1958
Damages
Status: in_force

The party against whom rescission is granted because of fraud is liable for damages and attorney fees.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1237 — LA Code / Code code-of-civil-procedure / Article 1237
Service on individual in multiple capacities
Status: in_force

In cases wherein an individual is named in pleadings in more than one capacity, personal service on that individual is sufficient to constitute service of process on that individual in all capacities, including but not limited to as an individual, tutor, or a representative of a legal or quasi legal entity, when it is clear from the pleadings or service instructions the capacities in which the individual is being served.

Acts 1995, No. 851, §1; Acts 1995, No. 1257, §1.
La. Civ. Code art. 3221 — LA Code / Code civil-code / Article 3221
Enforcement of pledge
Status: in_force

For the exercise of this privilege it is necessary that all the requisites stated in the title: Of Pledge, should be fulfilled.
La. Civ. Code art. 2502 — LA Code / Code civil-code / Article 2502
Transfer of rights to a thing
Status: in_force

A person may transfer to another whatever rights to a thing he may then have, without warranting the existence of any such rights. In such a case the transferor does not owe restitution of the price to the transferee in case of eviction, nor may that transfer be rescinded for lesion.

Such a transfer does not give rise to a presumption of bad faith on the part of the transferee and is a just title for the purposes of acquisitive prescription.

If the transferor acquires ownership of the thing after having transferred his rights to it, the after-acquired title of the transferor does not inure to the benefit of the transferee.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3430 — LA Code / Code civil-code / Article 3430
Juridical persons
Status: in_force

A juridical person acquires possession through its representatives.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Crim. Proc. art. 871.2 — LA Code / Code code-of-criminal-procedure / Article 871.2
Presentence inquiry of veteran status
Status: in_force

Prior to the imposition of a sentence, the court may inquire and receive response, orally or in writing, whether the convicted defendant is currently serving in or is a veteran of the armed forces of the United States. If the convicted defendant is currently serving in the military or is a veteran, the court may order a presentence investigation pursuant to Article 875(F) to determine whether military and veteran resources are available.

Acts 2013, No. 29, §1.
La. Civ. Code art. 132 — LA Code / Code civil-code / Article 132
Award of custody to parents
Status: in_force

If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the provisions of R.S. 9:364 apply or the best interest of the child requires a different award. Subject to the provisions of R.S. 9:364, in the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent.

Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 2018, No. 412, §1, eff. May 23, 2018.
La. Civ. Code art. 3269 — LA Code / Code civil-code / Article 3269
Order of payment out of immovables; distribution of loss among mortgage creditors
Status: in_force

With the exception of special privileges that exist on immovables in favor of vendors and other creditors, as declared above, the debts privileged on the movables and immovables generally ought to be paid, if the movables are insufficient, out of the product of the immovables belonging to the debtor, in preference to all other privileged and mortgage creditors.

The loss which may then result from their payment must be borne by the creditor whose mortgage is the least ancient, and so in succession, ascending according to the order of the mortgages, or by pro rata contributions where two or more mortgages have the same date.

Amended by Acts 2019, No. 325, §2 , eff. Jan. 1, 2020 .
La. Civ. Code art. 1769 — LA Code / Code civil-code / Article 1769
Unlawful or impossible condition
Status: in_force

A suspensive condition that is unlawful or impossible makes the obligation null.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1464 — LA Code / Code childrens-code / Article 1464
Voluntary admission of minors
Status: in_force

A. Any minor sixteen years of age or older may apply for voluntary admission to a treatment facility pursuant to this Chapter.

B. A minor so admitted shall have the same rights as an adult patient.

C. The admitting physician may admit the person on either a formal or informal basis, as hereinafter provided.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 3417 — LA Code / Code civil-code / Article 3417
Domestic animals
Status: in_force

Domestic animals that are privately owned are not subject to occupancy.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 4262 — LA Code / Code code-of-civil-procedure / Article 4262
Administration of minor's property
Status: in_force

The tutor shall take possession of, preserve, and administer the minor's property. He shall enforce all obligations in favor of the minor and shall represent him in all civil matters. He shall act at all times as a prudent administrator, and shall be personally responsible for all damages resulting from his failure so to act.

Natural cotutors shall be bound in solido except as to damages arising from the administration of all or a part of the minor's property by one of the cotutors individually pursuant to an order of the court or an agreement between the cotutors approved by the court.

Amended by Acts 1981, No. 283, §2; Acts 1982, No. 307, §2, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 4321 — LA Code / Code code-of-civil-procedure / Article 4321
Petition; order
Status: in_force

In addition to the requirements of Article 4271, a petition for authority to sell property of a minor at public sale shall set forth a description of the property and the reasons which make it advantageous to the minor to sell at public sale.

The court shall render an order authorizing the sale at public auction after publication, when it considers the sale to be to the best interest of the minor. The order shall specify the minimum price to be accepted.
La. Civ. Code art. 2895 — LA Code / Code civil-code / Article 2895
Ordinary wear and tear; damage caused by the failure to keep, preserve, or use as a prudent administrator
Status: in_force

The borrower is not liable for ordinary wear and tear of the thing lent. He is liable for damage to the thing lent caused by his failure to keep, preserve, or use it as a prudent administrator.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 2783 — LA Code / Code civil-code / Article 2783
Assignable and heritable rights and obligations
Status: in_force

In the absence of a contrary provision of law or juridical act, the rights and obligations of the parties under an annuity contract are assignable and heritable.

Acts 2012, No. 258, §1, eff. Jan. 1, 2013.
La. Code Civ. Proc. art. 3665 — LA Code / Code code-of-civil-procedure / Article 3665
When mineral right owner may assert possessory action
Status: in_force

If the owner of a mineral right possesses his right by use or exercise according to its nature, he becomes entitled one year and a day from the date of commencement of his possession to assert the possessory action. Thereafter, if there has been no adverse possession sufficient to include mineral rights, his right to assert the possessory action continues for one year from the date on which his right to bring the action matured or from the last day on which he was in possession of his right by use or exercise thereof, whichever is later.

Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
La. Code Crim. Proc. art. 444 — LA Code / Code code-of-criminal-procedure / Article 444
Action by grand jury
Status: in_force

A. A grand jury shall have power to act, concerning a matter, only in one of the following ways:

(1) By returning a true bill;

(2) By returning not a true bill; or

(3) By pretermitting entirely the matter investigated.

The grand jury is an accusatory body and not a censor of public morals. It shall make no report or recommendation, other than to report its action as aforesaid.

B. At least nine members of the grand jury must concur in returning "a true bill" or "not a true bill." A matter may be pretermitted by a vote of at least nine members of the grand jury, or as a consequence of the failure of nine of the grand jury members to agree on a finding.

C. A grand jury may make such reports or requests as are authorized by law.
La. Ch. Code art. 1281.5 — LA Code / Code childrens-code / Article 1281.5
Prior approval of adoptive placement
Status: in_force

No child who is the subject of an intercountry adoption shall be placed in the home of the prospective adoptive parents prior to their obtaining a certification for adoption that meets the requirements of Articles 1171 through 1173 and prior to approval from the United States Citizenship and Immigration Services.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Civ. Code art. 568.2 — LA Code / Code civil-code / Article 568.2
Right to lease
Status: in_force

The right to dispose of a nonconsumable thing includes the right to lease the thing for a term that extends beyond the termination of the usufruct. If, at the termination of the usufruct, the thing remains subject to the lease, the usufructuary is accountable to the naked owner for any diminution in the value of the thing at that time attributable to the lease.

Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Civ. Proc. art. 4914 — LA Code / Code code-of-civil-procedure / Article 4914
Contempt power; justice of the peace courts
Status: in_force

A justice of the peace may punish a direct contempt of court, as defined in Article 222, by a fine of not more than fifty dollars, or imprisonment in the parish jail for not more than twenty-four hours, or both.

Acts 1986, No. 156, §1; Acts 1991, No. 508, §3.
La. Civ. Code art. 3428 — LA Code / Code civil-code / Article 3428
Acquisition of possession through another
Status: in_force

One may acquire possession of a thing through another who takes it for him and in his name. The person taking possession must intend to do so for another.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Crim. Proc. art. 537 — LA Code / Code code-of-criminal-procedure / Article 537
Trial of issues arising on motion to quash
Status: in_force

All issues, whether of law or fact, that arise on a motion to quash shall be tried by the court without a jury.
La. Civ. Code art. 3363 — LA Code / Code civil-code / Article 3363
Method of reinscription exclusive
Status: in_force

The method of reinscription provided in this Chapter is exclusive. Neither an amendment of an instrument creating a mortgage or pledge, or evidencing a privilege, nor an acknowledgment of the existence of a mortgage, pledge, or privilege by the mortgagor, pledgor, or obligor, constitutes a reinscription of the instrument.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Civ. Code art. 3120 — LA Code / Code civil-code / Article 3120
Time for decision of arbitrators.
Status: in_force

The arbitrators who have consented to act as such, ought to determine the suit or the difference which is submitted to them, as soon as possible and within the time fixed by the submission.
La. Code Civ. Proc. art. 3158 — LA Code / Code code-of-civil-procedure / Article 3158
Oath of succession representative
Status: in_force

Before the person appointed or confirmed as succession representative enters upon the performance of his official duties, he must take an oath to discharge faithfully the duties of his office.
La. Code Civ. Proc. art. 324 — LA Code / Code code-of-civil-procedure / Article 324
Returns on process served, and writs and judgments executed
Status: in_force

The sheriff shall make a return to the issuing court on citations, summons, subpoenas, notices, and other process, and on writs, mandates, orders, and judgments, showing the date on which and the manner in which they were served or executed.
La. Civ. Code art. 482 — LA Code / Code civil-code / Article 482
Accession.
Status: in_force

The ownership of a thing includes by accession the ownership of everything that it produces or is united with it, either naturally or artificially, in accordance with the following provisions.

Acts 1979, No. 180, §1.
La. Civ. Code art. 1758 — LA Code / Code civil-code / Article 1758
General effects
Status: in_force

A. An obligation may give the obligee the right to:

(1) Enforce the performance that the obligor is bound to render;

(2) Enforce performance by causing it to be rendered by another at the obligor's expense;

(3) Recover damages for the obligor's failure to perform, or his defective or delayed performance.

B. An obligation may give the obligor the right to:

(1) Obtain the proper discharge when he has performed in full;

(2) Contest the obligee's actions when the obligation has been extinguished or modified by a legal cause.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 495 — LA Code / Code code-of-criminal-procedure / Article 495
Objections to misjoinder
Status: in_force

The objections of misjoinder of defendants or misjoinder of offenses may be urged only by a motion to quash the indictment.

Amended by Acts 1975, No. 528, §2.