FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 123 — LA Code / Code code-of-civil-procedure / Article 123
Forum non conveniens
Status: in_force

A.(1) For the convenience of the parties and the witnesses, in the interest of justice, a district court upon contradictory motion, or upon the court's own motion after contradictory hearing, may transfer a civil case to another district court where it might have been brought; however, no suit brought in the parish in which the plaintiff is domiciled, and in a court which is otherwise a court of competent jurisdiction and proper venue, shall be transferred to any other court pursuant to this Article.

(2) For purposes of Subparagraph (1) of this Paragraph, domicile shall be the location pursuant to Article 42 where the plaintiff would be subject to suit had he been a defendant.

B. Upon the contradictory motion of any defendant in a civil case filed in a district court of this state in which a claim or cause of action is predicated upon acts or omissions originating outside the territorial boundaries of this state, when it is shown that there exists a more appropriate forum outside of this state, taking into account the location where the acts giving rise to the action occurred, the convenience of the parties and witnesses, and the interest of justice, the court may dismiss the suit without prejudice; however, no suit in which the plaintiff is domiciled in this state, and which is brought in a court which is otherwise a court of competent jurisdiction and proper venue, shall be dismissed pursuant to this Article.

C. In the interest of justice, and before the rendition of the judgment of dismissal, the court shall require the defendant or defendants to file with the court a waiver of any defense based upon prescription that has matured since the commencement of the action in Louisiana, provided that a suit on the same cause of action or on any cause of action arising out of the same transaction or occurrence is commenced in a court of competent jurisdiction in an appropriate foreign forum within sixty days from the rendition of the judgment of dismissal. Such waiver shall be null and of no effect if such suit is not filed within this sixty-day period. The court may further condition the judgment of dismissal to allow for reinstatement of the same cause of action in the same forum in the event a suit on the same cause of action or on any cause of action arising out of the same transaction or occurrence is commenced in an appropriate foreign forum within sixty days after the rendition of the judgment of dismissal and such foreign forum is unable to assume jurisdiction over the parties or does not recognize such cause of action or any cause of action arising out of the same transaction or occurrence.

Added by Acts 1970, No. 294, §1; Acts 1988, No. 818, §1, eff. July 18, 1988; Acts 1999, No. 536, §1, eff. June 30, 1999; Acts 2012, No. 713, §1.
La. Civ. Code art. 1999 — LA Code / Code civil-code / Article 1999
Assessment of damages left to the court
Status: in_force

When damages are insusceptible of precise measurement, much discretion shall be left to the court for the reasonable assessment of these damages.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2002 — LA Code / Code civil-code / Article 2002
Reasonable efforts to mitigate damages
Status: in_force

An obligee must make reasonable efforts to mitigate the damage caused by the obligor's failure to perform. When an obligee fails to make these efforts, the obligor may demand that the damages be accordingly reduced.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1921 — LA Code / Code civil-code / Article 1921
Rescission of contract for incapacity
Status: in_force

Upon rescission of a contract on the ground of incapacity, each party or his legal representative shall restore to the other what he has received thereunder. When restoration is impossible or impracticable, the court may award compensation to the party to whom restoration cannot be made.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 2126 — LA Code / Code code-of-civil-procedure / Article 2126
Payment of costs
Status: in_force

A. The clerk of the trial court, immediately after the order of appeal has been granted, shall estimate the cost of the preparation of the record on appeal, including the fee of the court reporter for preparing the transcript and the filing fee required by the appellate court. The clerk shall send notices of the estimated costs by certified mail to the appellant and by first class mail to the appellee.

B. Within twenty days of the mailing of notice, the appellant shall pay the amount of the estimated costs to the clerk. The trial court may grant one extension of the period for paying the amount of the estimated costs for not more than an additional twenty days upon written motion showing good cause for the extension.

C. The appellant may question the excessiveness of the estimated costs by filing a written application for reduction in the trial court within the first twenty-day time limit, and the trial court may order reduction of the estimate upon proper showing. If an application for reduction has been timely filed, the appellant shall have twenty days to pay the costs beginning from the date of the action by the trial court on application for reduction.

D. After the preparation of the record on appeal has been completed, the clerk of the trial court shall, as the situation may require, either refund to the appellant the difference between the estimated costs and the actual costs if the estimated costs exceed the actual costs, or send a notice by certified mail to the appellant of the amount of additional costs due, if the actual costs exceed the estimated costs. If the payment of additional costs is required, the appellant shall pay the amount of additional costs within twenty days of the mailing of the notice.

E. If the appellant fails to pay the estimated costs, or the difference between the estimated costs and the actual costs, within the time specified, the trial judge, on his own motion or upon motion by the clerk or by any party, and after a hearing, shall:

(1) Enter a formal order of dismissal on the grounds of abandonment; or

(2) Grant a ten day period within which costs must be paid in full, in default of which the appeal is dismissed as abandoned.

F. If the appellant pays the costs required by this Article, the appeal may not be dismissed because of the passage of the return day without an extension being obtained or because of an untimely lodging of the record on appeal.

Amended by Acts 1976, No. 708, §2; Acts 1977, No. 198, §2, eff. Jan. 1, 1978; Acts 1978, No. 449, §1, eff. Jan. 1, 1979; Acts 1984, No. 937, §1; Acts 1995, No. 105, §1.
La. Ch. Code art. 1603 — LA Code / Code childrens-code / Article 1603
Purposes
Status: in_force

The purposes of this compact are to:

(1) Strengthen protections for the interests of the children with special needs on behalf of whom adoptive assistance is committed to be paid, when such children are in or move to states other than the one committed to make adoption assistance payments.

(2) Provide substantive assurances and procedures which will promote the delivery of medical and other services on an interstate basis to children through programs of adoption assistance established by the laws of the party states.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
La. Civ. Code art. 185 — LA Code / Code civil-code / Article 185
Presumption of paternity of husband
Status: in_force

The husband of the mother is presumed to be the father of a child born during the marriage or within three hundred days from the date of the termination of the marriage.

Amended by Acts 1976, No. 430, §1; Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2009, No. 3, §3, eff. June 9, 2009.
La. Civ. Code art. 1992 — LA Code / Code civil-code / Article 1992
Risk devolves upon the obligor
Status: in_force

If an obligee bears the risk of the thing that is the object of the performance, the risk devolves upon the obligor who has been put in default for failure to deliver that thing.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 919.1 — LA Code / Code code-of-criminal-procedure / Article 919.1
Record on appeal; contempt
Status: in_force

A. Failure of any person to comply with Articles 914 through 919 may subject such person to contempt of court. Such contempt charges may be initiated by the trial court or by the appellate court on the court's own motion or by motion of any party.

B. In any court where the duty of preparing the appellate record is delegated to, or assumed by, an official other than the clerk of court, by court rule or by custom, all of the provisions applicable to the clerk of court regarding the preparation of such a record are equally applicable to such court official.

Acts 1988, No. 525, §1.
La. Ch. Code art. 1204 — LA Code / Code childrens-code / Article 1204
Service; nonresident parent
Status: in_force

If a parent upon whom service is required under Article 1202 does not reside within this state, service shall be made by registered or certified mail, return receipt requested, postage prepaid and properly addressed to the address indicated in the petition not less than thirty days prior to commencement of the hearing on the petition.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Civ. Code art. 225 — LA Code / Code civil-code / Article 225
Parental liability for child's offenses and quasi-offenses
Status: in_force

Parents are responsible for damage occasioned by their child as provided by law.

Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
La. Civ. Code art. 1475 — LA Code / Code civil-code / Article 1475
Nullity of donation to person incapable of receiving
Status: in_force

A donation in favor of a person who is incapable of receiving is null.

Acts 1991, No. 363, §1.
La. Code Civ. Proc. art. 3291 — LA Code / Code code-of-civil-procedure / Article 3291
Court may authorize exchange
Status: in_force

The court may authorize an exchange of succession property, on the petition of the succession representative, for a consideration to be paid in corporate stock or other property, or partly therein and partly in cash, if advantageous to the heirs and legatees and not prejudicial of the rights of the succession creditors.

Amended by Acts 1962, No. 92, §3.
La. Civ. Code art. 474 — LA Code / Code civil-code / Article 474
Movables by anticipation.
Status: in_force

Unharvested crops and ungathered fruits of trees are movables by anticipation when they belong to a person other than the landowner. When encumbered with security rights of third persons, they are movables by anticipation insofar as the creditor is concerned.

The landowner may, by act translative of ownership or by pledge, mobilize by anticipation unharvested crops and ungathered fruits of trees that belong to him.

Acts 1978, No. 728, §1.
La. Civ. Code art. 1565 — LA Code / Code civil-code / Article 1565
Dissolution for non-execution of condition
Status: in_force

In case of dissolution of a donation of an immovable for the failure of the donee to fulfill conditions or perform charges, the property shall return to the donor free from all alienations, leases, or encumbrances created by the donee or his successors, subject to the law of registry. If the thing cannot be returned free from alienations, leases, or encumbrances, the donor may, nevertheless, accept it subject to the alienation, lease, or encumbrance, but the donee shall be accountable for any diminution in value. Otherwise, the donee shall restore the value of the thing donated, measured as of the time the action to dissolve is filed.

In case of dissolution of a donation of a movable for failure to fulfill conditions or perform charges, an alienation, lease, or encumbrance created by the donee or his successors is effective against the donor only when it is an onerous transaction made in good faith by the transferee, lessee, or creditor.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Ch. Code art. 1101 — LA Code / Code childrens-code / Article 1101
Purpose
Status: in_force

Except as otherwise provided in Articles 1195 and 1196 of this Code, this Title provides the exclusive means by which a parent can voluntarily relinquish his parental rights to a child for the ultimate purpose of adoption.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 2000, 1st Ex. Sess., No. 109, §1, eff. April 17, 2000; Acts 2003, No. 609, §1.
La. Code Crim. Proc. art. 498 — LA Code / Code code-of-criminal-procedure / Article 498
Copy of indictment or information
Status: in_force

A certified copy of the indictment or information shall be furnished by the clerk of court to a defendant upon his request. Failure to furnish a correct copy of the indictment or information shall not affect the validity of the criminal prosecution, unless the defendant was substantially prejudiced thereby.
La. Civ. Code art. 1192 — LA Code / Code civil-code / Article 1192
Termination of curator's duties on appearance of heirs.
Status: in_force

The duties of the curators cease when the heirs, or other persons having a right to the succession administered by them, present themselves or send their powers of attorney to claim the succession, and furnish security if required by law.

Amended by Acts 1981, No. 254, §1.
La. Civ. Code art. 1778 — LA Code / Code civil-code / Article 1778
Term for performance
Status: in_force

A term for the performance of an obligation is a period of time either certain or uncertain. It is certain when it is fixed. It is uncertain when it is not fixed but is determinable either by the intent of the parties or by the occurrence of a future and certain event. It is also uncertain when it is not determinable, in which case the obligation must be performed within a reasonable time.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2341 — LA Code / Code civil-code / Article 2341
Separate property.
Status: in_force

The separate property of a spouse is his exclusively. It comprises: property acquired by a spouse prior to the establishment of a community property regime; property acquired by a spouse with separate things or with separate and community things when the value of the community things is inconsequential in comparison with the value of the separate things used; property acquired by a spouse by inheritance or donation to him individually; damages awarded to a spouse in an action for breach of contract against the other spouse or for the loss sustained as a result of fraud or bad faith in the management of community property by the other spouse; damages or other indemnity awarded to a spouse in connection with the management of his separate property; and things acquired by a spouse as a result of a voluntary partition of the community during the existence of a community property regime.

Acts 1979, No. 709, §1; Amended by Acts 1981, No. 921, §1.
La. Civ. Code art. 1942 — LA Code / Code civil-code / Article 1942
Acceptance by silence
Status: in_force

When, because of special circumstances, the offeree's silence leads the offeror reasonably to believe that a contract has been formed, the offer is deemed accepted.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2574 — LA Code / Code civil-code / Article 2574
Buyer's benefit of discussion against creditors of the seller
Status: in_force

A buyer under redemption may avail himself of the right of discussion against creditors of the seller.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 5 — LA Code / Code civil-code / Article 5
Ignorance of law
Status: in_force

No one may avail himself of ignorance of the law.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
La. Code Crim. Proc. art. 66 — LA Code / Code code-of-criminal-procedure / Article 66
Subpoena of witness to appear before attorney general and district attorney
Status: in_force

A. Upon written motion of the attorney general or district attorney setting forth reasonable grounds therefor, the court may order the clerk to issue subpoenas directed to the persons named in the motion, ordering them to appear at a time and place designated in the order for questioning by the attorney general or district attorney respectively, concerning any offense under investigation by him. The court may also order the issuance of a subpoena duces tecum. Service of a subpoena or subpoena duces tecum issued pursuant to this Article upon motion of the attorney general may be made by any commissioned investigator from the attorney general's office, or in conformity with Article 734 of this Code.

B. The contumacious failure or refusal of the person subpoenaed to appear is punishable as a contempt of court.

C. The attorney general or district attorney, respectively, may determine who shall be present during the examination and may order all persons excluded, except counsel for the person subpoenaed.

Amended by Acts 1972, No. 408, §1; Acts 1999, No. 863, §1.
La. Civ. Code art. 655 — LA Code / Code civil-code / Article 655
Natural drainage
Status: in_force

An estate situated below is the servient estate and is bound to receive the surface waters that flow naturally from a dominant estate situated above unless an act of man has created the flow.

Acts 1977, No. 514, §1; Acts 2017, No. 105, §1, eff. June 12, 2017.
La. Civ. Code art. 1954 — LA Code / Code civil-code / Article 1954
Confidence between the parties
Status: in_force

Fraud does not vitiate consent when the party against whom the fraud was directed could have ascertained the truth without difficulty, inconvenience, or special skill.

This exception does not apply when a relation of confidence has reasonably induced a party to rely on the other's assertions or representations.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1232 — LA Code / Code civil-code / Article 1232
Method of declaring dispensation from collation
Status: in_force

The declaration that the gift or legacy is made as an advantage or extra portion may be made in the instrument where such disposition is contained, or afterwards by an act passed before a notary and two witnesses, or in the donor's last will and testament. Unless expressly stated to the contrary, a declaration of dispensation from collation made in the last will and testament of the donor shall be effective as a dispensation from collating donations made both before and after execution of said testament.

Acts 1986, No. 246, §1.

{{NOTE: SEE ACTS 1986, NO. 246, §2.}}
La. Civ. Code art. 1948 — LA Code / Code civil-code / Article 1948
Vitiated consent
Status: in_force

Consent may be vitiated by error, fraud, or duress.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 683 — LA Code / Code code-of-criminal-procedure / Article 683
Disability or absence of district attorney
Status: in_force

When a district attorney is unable to perform his duties for any cause, other than recusation, death, or resignation or removal from office, an assistant district attorney shall act in his place. When the district attorney still holds office and there is no assistant district attorney, the trial judge shall appoint an attorney at law of that district, having the qualifications of a district attorney, to act in his place during his disability or absence. If the trial judge is unable to make the appointment, he shall certify the fact in writing to the attorney general, who shall appoint a district attorney of another district to act in place of the regular district attorney. The temporary district attorney shall have all powers of the district attorney during the time of his disability or absence.
La. Ch. Code art. 737 — LA Code / Code childrens-code / Article 737
Place of prehearing placement upon a taking into custody
Status: in_force

A. When taken into custody, the child shall be placed in the least restrictive prehearing placement consistent with the child's need for protection or control, in the following order of priority:

(1) The home of a relative who is of the age of majority and who is willing and able to offer a wholesome and stable environment for the child subject to the supervision of the court.

(2) The home of a suitable adult who is concerned about the child and who is willing and able to offer a wholesome and stable environment for the child subject to the supervision of the court and who is eligible for certification as an emergency foster home pursuant to R.S. 46:281 through 286 or R.S. 46:1406 et seq.

(3) A shelter care facility for juveniles.

(4) A secure detention facility, until a hearing is held within twenty-four hours after the child's entry into custody in accordance with Article 739, if the child can be detained separately from children who have been adjudicated delinquent and both of the following apply:

(a) Non-secure placement is not available to meet the child's need for protection or control.

(b) There are reasonable grounds to believe that the child is a runaway, ungovernable, or otherwise at substantial risk of failing to appear at the next scheduled hearing if released to the custody of a parent or guardian.

B. If the court finds that the child is in need of medical or psychological evaluation or treatment, it may issue orders in accordance with Article 760 or 761 and, if necessary, place the child in a medical facility for such evaluation or treatment.

C. If the court finds reasonable grounds to believe that the conduct of the child indicates that he is suffering from mental illness or substance abuse, the court may refer the child to a physician for an assessment in accordance with Article 1422.

D. Any records and reports related to placement of a child into custody under any of the provisions of this Title shall be confidential and shall not be disclosed unless specifically authorized by provisions of this Code, including Article 412.

Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1; Acts 2017, No. 362, §1.
La. Code Crim. Proc. art. 881.2 — LA Code / Code code-of-criminal-procedure / Article 881.2
Review of sentence
Status: in_force

A.(1) The defendant may appeal or seek review of a sentence based on any ground asserted in a motion to reconsider sentence. The defendant also may seek review of a sentence which exceeds the maximum sentence authorized by the statute under which the defendant was convicted and any applicable statutory enhancement provisions.

(2) The defendant cannot appeal or seek review of a sentence imposed in conformity with a plea agreement which was set forth in the record at the time of the plea.

B. The state may appeal or seek review of a sentence:

(1) If the sentence imposed was not in conformity with:

(a) Mandatory requirements of the statute under which the defendant was convicted, or any other applicable mandatory sentence provision; or

(b) The applicable enhancement provisions under the Habitual Offender Law, R.S. 15:529.1; and

(2) If the state objected at the time the sentence was imposed or made or filed a motion to reconsider sentence under this Article.

Acts 1991, No. 38, §1.

{{NOTE: SEE ACTS 1991, NO. 38, §3, FOR SPECIAL EFFECTIVE DATE.}}
La. Civ. Code art. 799 — LA Code / Code civil-code / Article 799
Liability of a co-owner
Status: in_force

A co-owner is liable to his co-owner for any damage to the thing held in indivision caused by his fault.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 2340 — LA Code / Code civil-code / Article 2340
Presumption of community.
Status: in_force

Things in the possession of a spouse during the existence of a regime of community of acquets and gains are presumed to be community, but either spouse may prove that they are separate property.

Acts 1979, No. 709, §1.