FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3433 — LA Code / Code code-of-civil-procedure / Article 3433
Affidavit for small succession for a person domiciled outside of Louisiana who died testate; contents
Status: in_force

A. When it is not necessary in accordance with the provisions of Article 3431 to open judicially a small succession, at least two persons, including the surviving spouse, if any, and one or more legatees of the deceased, may execute one or more multiple originals of an affidavit, duly sworn before any officer or person authorized to administer oaths in the place where the affidavit is executed, setting forth all of the following:

(1) The date of death of the deceased, and his domicile at the time thereof.

(2) The fact that the deceased died testate.

(3) The marital status of the deceased, the location of the last residence of the deceased, and the name of the surviving spouse, if any, and the surviving spouse's address, domicile, and location of last residence, together with the names and last known addresses of the heirs of the deceased, and identifying those of the heirs who are also forced heirs of the deceased.

(4) The names and last known addresses of the legatees of the deceased, and the statement that a legatee not signing the affidavit was given thirty days' notice by United States mail of the affiants' intent to execute an affidavit for small succession and did not object.

(5) A description of the property left by the deceased in Louisiana, including whether the property is community or separate, and which, in the case of immovable property, shall be sufficient to identify the property for purposes of transfer.

(6) A showing of the value of each item of property subject to the jurisdiction of the courts of Louisiana, and the aggregate value of the property, at the time of the death of the deceased.

(7) A statement describing the respective interests in the property that each legatee has inherited and whether a usufruct of the surviving spouse attaches to the property.

(8) An attachment consisting of a copy of the testament and a certified copy of the probate order of the court of another jurisdiction or the equivalent thereof.

(9) An affirmation that, by signing the affidavit, the affiant, if a legatee, has accepted the legacy of the deceased.

(10) An affirmation that, by signing the affidavit, the affiants swear under penalty of perjury that the information contained in the affidavit is true, correct, and complete to the best of their knowledge, information, and belief.

B. If the deceased had no surviving spouse, the affidavit shall be signed by at least two persons who have actual knowledge of the matters stated in the affidavit.

C. In addition to the powers of a natural tutor or curator otherwise provided by law, a natural tutor may also execute the affidavit on behalf of a minor child without the necessity of filing a petition pursuant to Article 4061, and a curator may also execute the affidavit on behalf of an interdict without the necessity of court authorization.

Acts 2024, No. 90, §1.
La. Ch. Code art. 742 — LA Code / Code childrens-code / Article 742
Place of continued custody
Status: in_force

A. Following the hearing required by Article 739, the court shall order the least restrictive preadjudication placement consistent with the child's need for protection or control as authorized by Article 737(A)(1) through (3).

B. The court may detain the child in a secure detention facility for up to twenty-four hours, excluding weekends and holidays, only for the purpose of providing adequate time to arrange for an appropriate non-secure alternative placement in accordance with Article 737 pending the adjudication hearing.

C. If appropriate, the court may also enter orders for evaluation or treatment in accordance with Article 737(B) and (C).

Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 2017, No. 362, §1.
La. Civ. Code art. 3250 — LA Code / Code civil-code / Article 3250
Extent of vendor's privilege.
Status: in_force

The privilege granted to the vendor on the immovable sold by him, extends to the beasts and agricultural implements attached to the estate, and which made part of the sale.
La. Ch. Code art. 1429 — LA Code / Code childrens-code / Article 1429
Application for judicial commitment
Status: in_force

A. If the minor patient admitted to a treatment facility pursuant to this Chapter is a proper candidate for judicial commitment pursuant to Chapter 9 of this Title, the director of the treatment facility, or any interested party, may apply for such commitment under provisions of Chapter 9 of this Title.

B. Such a minor patient, hospitalized on an emergency certificate, for whom a petition for judicial commitment has been filed in court may continue to be detained for a further period on order of the court.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 1623 — LA Code / Code civil-code / Article 1623
Timing of action; no defense
Status: in_force

A person may be disinherited even though he was not a presumptive forced heir at the time of the occurrence of the act or the facts or circumstances alleged to constitute just cause for his disinherison.

Acts 2001, No. 573, §1, eff. June 22, 2001.
La. Ch. Code art. 1303.5 — LA Code / Code childrens-code / Article 1303.5
Duties and powers of responding tribunal
Status: in_force

A. When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Article 1303.1(B), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

B. A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:

(1) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child

(2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance;

(3) Order income withholding;

(4) Determine the amount of any arrearages and specify a method of payment;

(5) Enforce orders by civil or criminal contempt, or both;

(6) Set aside property for satisfaction of the support order;

(7) Place liens and order execution on the obligor's property;

(8) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;

(9) Issue a bench warrant or order of contempt for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the order of contempt and bench warrant in any local and state computer systems for criminal warrants;

(10) Order the obligor to seek appropriate employment by specified methods;

(11) Award reasonable attorney fees and other fees and costs; and

(12) Grant any other available remedy.

C. A responding tribunal of this state shall include in a support order issued under this Chapter, or in the documents accompanying the order, the calculations on which the support order is based.

D. A responding tribunal of this state may not condition the payment of a support order issued under this Chapter upon compliance by a party with provisions for visitation.

E. If a responding tribunal of this state issues an order under this Chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

F. If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

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. Code Civ. Proc. art. 326 — LA Code / Code code-of-civil-procedure / Article 326
Protection and preservation of property seized
Status: in_force

The sheriff shall take actual possession of all movable property seized which is susceptible of actual possession and may remove it to a warehouse or other place of safekeeping.

He may take actual possession of all immovable property seized, unless it is under lease or occupied by an owner.

He shall safeguard, protect, and preserve all property seized of which he has taken or is required to take actual possession; and for such purposes may appoint a keeper of the property.
La. Civ. Code art. 1355 — LA Code / Code civil-code / Article 1355
Formation of active mass.
Status: in_force

The officers [officer] shall then proceed to the formation of the active mass of the succession.
La. Civ. Code art. 1504 — LA Code / Code civil-code / Article 1504
Reduction of donations, exclusive right of forced heirs
Status: in_force

An action to reduce excessive donations may be brought only after the death of the donor, and then only by a forced heir, the heirs or legatees of a forced heir, or an assignee of any of them who has an express conventional assignment, made after the death of the decedent, of the right to bring the action.

Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Code Civ. Proc. art. 75 — LA Code / Code code-of-civil-procedure / Article 75
Action on judicial bond
Status: in_force

A. An action against the principal or surety, or both, on a bond filed in a judicial proceeding may be brought in the court where the bond was filed.

B. An action against a legal surety may be brought in any parish where the principal obligor may be sued.

Acts 1987, No. 409, §2, eff. Jan. 1, 1988.
La. Code Crim. Proc. art. 890.3 — LA Code / Code code-of-criminal-procedure / Article 890.3
Sentencing for crimes of violence
Status: in_force

A. Except as provided in Paragraph C of this Article, when a defendant is sentenced for any offense, or the attempt to commit any offense, defined or enumerated as a crime of violence in R.S. 14:2(B), the district attorney may make a written recommendation to the court that the offense should not be designated as a crime of violence only for the following purposes:

(1) The defendant's eligibility for suspension or deferral of sentence pursuant to Article 893.

(2) The defendant's eligibility for participation in a drug division probation program pursuant to R.S. 13:5304.

B. In the absence of a written recommendation by the district attorney as provided in Paragraph A of this Article, the offense shall be designated as a crime of violence as a matter of law.

C. The following crimes of violence enumerated in R.S. 14:2(B) shall always be designated by the court in the minutes as a crime of violence:

(1) Solicitation for murder.

(2) First degree murder.

(3) Second degree murder.

(4) Manslaughter.

(5) Aggravated or first degree rape.

(6) Forcible or second degree rape.

(7) Simple or third degree rape.

(8) Sexual battery.

(9) Second degree sexual battery.

(10) Intentional exposure to AIDS virus.

(11) Aggravated kidnapping.

(12) Second degree kidnapping.

(13) Aggravated arson.

(14) Armed robbery.

(15) Assault by drive-by shooting.

(16) Carjacking.

(17) Terrorism.

(18) Aggravated second degree battery.

(19) Aggravated assault with a firearm.

(20) Armed robbery; use of firearm; additional penalty.

(21) Second degree robbery.

(22) Disarming of a peace officer.

(23) Second degree cruelty to juveniles.

(24) Aggravated crime against nature.

(25) Trafficking of children for sexual purposes.

(26) Human trafficking.

(27) Home invasion.

Acts 2016, No. 509, §1; Acts 2017, No. 196, §1.
La. Code Crim. Proc. art. 725.1 — LA Code / Code code-of-criminal-procedure / Article 725.1
Disclosure by the defendant; names of defense witnesses
Status: in_force

A. If the defendant moves, pursuant to Article 717 of this Code, for disclosure of the records of arrests and convictions of witnesses to be called by the state in its case in chief, the defendant shall disclose to the district attorney, prior to those witnesses being sworn, the name and date of birth of the witnesses to be called by the defendant in his case in chief.

B.(1) If the defendant moves, pursuant to Article 716(D) of this Code, for disclosure of statements of witnesses to be called by the state in its case in chief, the defendant shall, upon motion by the state, disclose to the district attorney, and permit or authorize the district attorney to inspect and copy any written or recorded statements of any witness the defendant intends to call at trial.

(2) For purposes of this Article:

(a) "Trial" shall mean the phase of the case at which the defense responds to the state's attempt to meet its burden as to guilt, and specifically does not extend to pretrial matters or hearings, or to the penalty phase in capital prosecutions.

(b) "Written or recorded statement of a witness" shall mean any audio or audio-video recording of an oral statement or interview of a witness, and any statement a witness writes or signs.

Acts 2012, No. 842, §1; Acts 2013, No. 250, §1; Acts 2014, No. 791, §§21, 23.

NOTE: See Acts 2013, No. 250, §2, relative to applicability.
La. Civ. Code art. 1279 — LA Code / Code civil-code / Article 1279
Rights of coheirs against defaulting heir; foreclosure of special mortgage.
Status: in_force

If the heir, who has been allowed to furnish his obligation as mentioned in the preceding article, fails to fulfill his engagement at the expiration of the year granted to him, the heirs, in whose favor this obligation has been made, or their representatives, have a right to cause the property mortgaged to them to be seized and sold, without any appraisement, and at the price offered at the first exposure for sale.
La. Civ. Code art. 581 — LA Code / Code civil-code / Article 581
Liability for necessary expenses
Status: in_force

The usufructuary is answerable for all expenses that become necessary for the preservation and use of the property after the commencement of the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Civ. Code art. 1939 — LA Code / Code civil-code / Article 1939
Acceptance by performance
Status: in_force

When an offeror invites an offeree to accept by performance and, according to usage or the nature or the terms of the contract, it is contemplated that the performance will be completed if commenced, a contract is formed when the offeree begins the requested performance.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 2001 — LA Code / Code code-of-civil-procedure / Article 2001
Grounds in general
Status: in_force

The nullity of a final judgment may be demanded for vices of either form or substance, as provided in Articles 2002 through 2006.
La. Code Crim. Proc. art. 692 — LA Code / Code code-of-criminal-procedure / Article 692
Dismissal of indictment after conviction
Status: in_force

After conviction, the district attorney is authorized to dismiss an indictment or count thereof only:

(1) When a new trial has been granted.

(2) When a motion in arrest of judgment has been sustained.

Acts 1983, No. 588, §1.
La. Code Civ. Proc. art. 3613 — LA Code / Code code-of-civil-procedure / Article 3613
Jurisdiction not limited
Status: in_force

The provisions of this Chapter do not limit the issuance by a court of any writ, process, or order in aid of its jurisdiction.
La. Code Crim. Proc. art. 851 — LA Code / Code code-of-criminal-procedure / Article 851
Grounds for new trial
Status: in_force

A. The motion for a new trial is based on the supposition that injustice has been done the defendant, and, unless such is shown to have been the case the motion shall be denied, no matter upon what allegations it is grounded.

B. The court, on motion of the defendant, shall grant a new trial whenever any of the following occur:

(1) The verdict is contrary to the law and the evidence.

(2) The court's ruling on a written motion, or an objection made during the proceedings, shows prejudicial error.

(3) New and material evidence that, notwithstanding the exercise of reasonable diligence by the defendant, was not discovered before or during the trial, is available, and if the evidence had been introduced at the trial it would probably have changed the verdict or judgment of guilty.

(4) The defendant has discovered, since the verdict or judgment of guilty, a prejudicial error or defect in the proceedings that, notwithstanding the exercise of reasonable diligence by the defendant, was not discovered before the verdict or judgment.

(5) The court is of the opinion that the ends of justice would be served by the granting of a new trial, although the defendant may not be entitled to a new trial as a matter of strict legal right.

(6) The defendant is a victim of human trafficking or trafficking of children for sexual purposes and the acts for which the defendant was convicted were committed by the defendant as a direct result of being a victim of the trafficking activity.

Amended by Acts 1974, No. 207, §1; Acts 2014, No. 564, §6.
La. Code Civ. Proc. art. 3670 — LA Code / Code code-of-civil-procedure / Article 3670
Real actions against mineral lessee unavailable to mineral lessor or possessor bound by lease
Status: in_force

One who has granted a mineral lease, or who possesses under a title subject to a mineral lease, whether or not the lease is disclosed by his act of acquisition, cannot assert the real actions against the lessee on account of the termination of the lease by running of the term or occurrence of an express resolutory condition.

Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975.
La. Code Crim. Proc. art. 1003.1 — LA Code / Code code-of-criminal-procedure / Article 1003.1
Public records; exception
Status: in_force

Notwithstanding any provision of law to the contrary, any records held by the sheriff or any other law enforcement agency pursuant to this Title shall be confidential and shall not be considered a public record pursuant to the Public Records Law.

Acts 2019, No. 427, §3.
La. Code Civ. Proc. art. 3943 — LA Code / Code code-of-civil-procedure / Article 3943
Appeal from judgment awarding, modifying, or denying custody, visitation, or support
Status: in_force

An appeal from a judgment awarding, modifying, or denying custody, visitation, or support of a person can be taken only within the delay provided in Article 3942. Such an appeal shall not suspend execution of the judgment insofar as the judgment relates to custody, visitation, or support.

Acts 1993, No. 261, §3, eff. Jan. 1, 1994; Acts 2021, No. 259, §2.
La. Civ. Code art. 3501.1 — LA Code / Code civil-code / Article 3501.1
Actions for arrearages of child support
Status: in_force

An action to make executory arrearages of child support is subject to a liberative prescription of ten years.

Acts 1997, No. 605, §1, eff. July 3, 1997.
La. Civ. Code art. 250 — LA Code / Code civil-code / Article 250
Persons entitled to tutorship
Status: in_force

Upon the death of either parent, the tutorship of minor children belongs of right to the other. Upon divorce or judicial separation from bed and board of parents, the tutorship of each minor child belongs of right to the parent under whose care he or she has been placed or to whose care he or she has been entrusted; however, if the parents are awarded joint custody of a minor child, then the cotutorship of the minor child shall belong to both parents, with equal authority to act alone, on behalf of the child, and with equal privileges and responsibilities, unless modified by order of the court or by an agreement of the parents, approved by the court awarding joint custody. In the event of the death of a parent to whom joint custody had been awarded, the tutorship of the minor children of the deceased belongs of right to the surviving parent.

All those cases are called tutorship by nature.

Amended by Acts 1924, No. 196; Acts 1981, No. 283, §1; Acts 1982, No. 307, §1, eff. Jan. 1, 1983; Acts 1983, No. 695, §1; Acts 2022, No. 121, §1, eff. May 25, 2022.
La. Code Crim. Proc. art. 596 — LA Code / Code code-of-criminal-procedure / Article 596
Requirements for double jeopardy
Status: in_force

Double jeopardy exists in a second trial only when the charge in that trial is:

(1) Identical with or a different grade of the same offense for which the defendant was in jeopardy in the first trial, whether or not a responsive verdict could have been rendered in the first trial as to the charge in the second trial; or

(2) Based on a part of a continuous offense for which offense the defendant was in jeopardy in the first trial.
La. Civ. Code art. 12 — LA Code / Code civil-code / Article 12
Ambiguous words
Status: in_force

When the words of a law are ambiguous, their meaning must be sought by examining the context in which they occur and the text of the law as a whole.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
La. Ch. Code art. 844 — LA Code / Code childrens-code / Article 844
Form of petition
Status: in_force

A. The petition shall contain a caption setting forth the name of the court and the title of the action. The petition shall be entitled, "The State of Louisiana in the Interest of...".

B. Allegations of fact shall be simple, concise, and direct and shall be set forth in numbered paragraphs. As far as practicable, each paragraph shall be limited to a single set of circumstances. Allegations of fact may be made on information and belief.

C. Failure to comply with formal requirements of this Article shall not be grounds for dismissal of a petition or invalidation of the proceedings unless it results in substantial prejudice.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2014, No. 133, §1.
La. Code Civ. Proc. art. 3225 — LA Code / Code code-of-civil-procedure / Article 3225
Continuation of business; interim order unappealable
Status: in_force

When an application to continue business has been filed, the court may issue an interim ex parte order to the succession representative to continue the business immediately until such time as the procedure provided for by Article 3229 may be complied with. The order granted herein shall expire at the end of forty-five days unless extended by the court.

No appeal shall lie from the granting or denial of the interim order.

Amended by Acts 1972, No. 666, §1.
La. Code Crim. Proc. art. 678 — LA Code / Code code-of-criminal-procedure / Article 678
Recusal of ad hoc judge
Status: in_force

An ad hoc judge appointed to try a motion to recuse a judge, or appointed to try the cause, may be recused on the grounds and in the manner provided in this Chapter for the recusal of judges.

Acts 2022, No. 42, §1.
La. Code Civ. Proc. art. 968 — LA Code / Code code-of-civil-procedure / Article 968
Effect of judgment on pleadings and summary judgment
Status: in_force

Judgments on the pleadings, and summary judgments, are final judgments and shall be rendered and signed in the same manner and with the same effect as if a trial had been had upon evidence regularly adduced. If the judgment does not grant mover all of the relief prayed for, jurisdiction shall be retained in order to adjudicate on mover's right to the relief not granted on motion.

An appeal does not lie from the court's refusal to render any judgment on the pleading or summary judgment.
La. Civ. Code art. 602 — LA Code / Code civil-code / Article 602
Set off against damages.
Status: in_force

The usufructuary may set off against damages due to the owner for the destruction or deterioration of the property subject to the usufruct the value of improvements that cannot be removed, provided they were made in accordance with Article 558.

Acts 1976, No. 103, §1.
La. Ch. Code art. 1415 — LA Code / Code childrens-code / Article 1415
Burden of proof; order
Status: in_force

If the court finds by clear and convincing evidence that the minor has a mental illness or suffers from substance abuse of such severity that hospitalization is necessary and that he can benefit from inpatient treatment, it shall order his continued confinement in a designated treatment facility which is medically suitable and least restrictive of his liberty.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.