FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 1459 — LA Code / Code code-of-civil-procedure / Article 1459
Interrogatories to parties; scope; use at trial
Status: in_force

Interrogatories may relate to any matters which can be inquired into under Articles 1422 through 1425, and the answers may be used at trial to the extent permitted by rules of evidence.

Acts 1976, No. 574, §1.
La. Code Civ. Proc. art. 594 — LA Code / Code code-of-civil-procedure / Article 594
Dismissal or compromise
Status: in_force

A.(1) An action previously certified as a class action shall not be dismissed or compromised without the approval of the court exercising jurisdiction over the action.

(2) Notice of the proposed dismissal of an action previously certified as a class action shall be provided to all members of the class, together with the terms of any proposed compromise that the named parties have entered into. Notice shall be given in such manner as the court directs.

B. After notice of the proposed compromise has been provided to the members of the class, the court shall order a hearing to determine whether the proposed compromise is fair, reasonable, and adequate for the class. At such hearing, all parties to the action, including members of the class, shall be permitted an opportunity to be heard.

C. The court shall retain the authority to review and approve any amount paid as attorney fees pursuant to the compromise of a class action, notwithstanding any agreement to the contrary.

D. Any agreement entered by the parties to a class action that provides for the payment of attorney fees is subject to judicial approval.

E. If the terms of the proposed compromise provide for the adjudged creation of a settlement fund to be disbursed to and among members of the class in accordance with the terms thereof, the court having jurisdiction over the class action is empowered to approve the compromise settlement of the class action as a whole and issue a final judgment accordingly, following a finding that the compromise is fair, reasonable, and adequate for the class, and to order the distribution of the settlement fund accordingly, without the necessity of prior qualification of representatives of minors, interdicts, successions, or other incompetents or absentees, or prior approval of the terms of the settlement or the distribution thereof by another court; provided, that in such cases the court having jurisdiction over the class action shall include in the orders of settlement and distribution of the settlement fund appropriate provisions to ensure that all funds adjudicated to or for the benefit of such incompetents, successions, or absentees are placed in appropriate safekeeping pending the completion of appointment, qualification, and administrative procedures otherwise applicable in this Code to the interests and property of incompetents, successions, and absentees.

Acts 1993, No. 39, §1, eff. May 18, 1993; Acts 1997, No. 839, §1, eff. July 1, 1997.
La. Civ. Code art. 728 — LA Code / Code civil-code / Article 728
Limitation of use.
Status: in_force

The use of a predial servitude may be limited to certain times. Thus, the rights of drawing water and of passage may be confined to designated hours.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 415 — LA Code / Code code-of-criminal-procedure / Article 415
Method of filling vacancies on grand jury
Status: in_force

A. When a vacancy occurs on a grand jury, the court shall fill the vacancy by administering the oath to and seating the first alternate if he is still legally qualified and available, or if he is not, by administering the oath to and seating the second, third, or fourth alternate, if still legally qualified and available, in the order in which the alternates were selected, until the vacancy is filled. If a vacancy occurs and there is no alternate legally qualified and available to fill the vacancy, the vacancy shall be filled by ordering the sheriff or his designee, the clerk or deputy clerk of court, or, in Orleans Parish the jury commissioner, to draw indiscriminately and by lot from the envelope containing the remaining names on the grand jury venire a sufficient number of names to complete the grand jury. If the names in the envelope are exhausted before the grand jury is completed, or if a vacancy occurs on the grand jury and no names remain in the envelope, the court shall order the jury commission to withdraw indiscriminately and by lot from the general venire box or through the use of a properly programmed electronic device as provided in Article 411, an additional number of names sufficient to complete the grand jury.

B. If the foreman of the grand jury is, for any reason, unable to act, the court shall cause a random selection to be made of one person from the remaining members of the impaneled grand jury to serve as acting foreman or to serve as foreman of the grand jury. An acting foreman has the powers and duties of the foreman.

Acts 1990, No. 47, §1; Acts 2010, No. 347, §1.
La. Ch. Code art. 1306.2 — LA Code / Code childrens-code / Article 1306.2
Procedure to register order for enforcement
Status: in_force

A. Except as otherwise provided in Article 1307.6, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:

(1) A letter of transmittal to the tribunal requesting registration and enforcement;

(2) Two copies, including one certified copy, of the order to be registered, including any modification of the order;

(3) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(4) The name of the obligor and, if known:

(a) The obligor's address and social security number;

(b) The name and address of the obligor's employer and any other source of income of the obligor; and

(c) A description and the location of property of the obligor in this state not exempt from execution; and

(5) Except as otherwise provided in Article 1303.12, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

B. On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.

C. A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

D. If two or more orders are in effect, the person requesting registration shall:

(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this Section;

(2) Specify the order alleged to be the controlling order, if any; and

(3) Specify the amount of consolidated arrears, if any.

E. A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

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. 1111 — LA Code / Code code-of-civil-procedure / Article 1111
Defendant may bring in third person
Status: in_force

The defendant in a principal action by petition may bring in any person, including a codefendant, who is his warrantor, or who is or may be liable to him for all or part of the principal demand.

In such cases the plaintiff in the principal action may assert any demand against the third party defendant arising out of or connected with the principal demand. The third party defendant thereupon shall plead his objections and defenses in the manner prescribed in Articles 921 through 969, 1003 through 1006, and 1035. He may reconvene against the plaintiff in the principal action or the third party plaintiff, on any demand arising out of or connected with the principal demand, in the manner prescribed in Articles 1061 through 1066.
La. Code Civ. Proc. art. 3362 — LA Code / Code code-of-civil-procedure / Article 3362
Prior to homologation of final tableau of distribution
Status: in_force

At any time prior to the homologation of the final tableau of distribution, a majority of the heirs of an intestate decedent whose succession is under administration may be sent into possession of all or part of the property of the succession upon their filing a petition for possession as provided in Articles 3001 through 3008 excluding any provisions of Article 3004 to the contrary, except that the proceeding shall be contradictory with the administrator. Upon the filing of such a petition the court shall order the administrator to show cause why the petitioners should not be sent into possession, and shall order that the petitioners be sent into possession unless the administrator or any heir shows that irreparable injury would result, and upon a showing that adequate assets will be retained in the succession to pay all claims, charges, debts, and obligations of the succession. If a majority of the heirs are sent into possession of a part of the property, the administrator shall continue to administer the remainder.

Acts 1986, No. 209, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Civ. Code art. 2778 — LA Code / Code civil-code / Article 2778
Annuity contract; definition
Status: in_force

An annuity contract is an agreement by which a party delivers a thing to another who binds himself to make periodic payments to a designated recipient. The recipient's right to these payments is called an annuity.

A contract transferring ownership of a thing other than money for a certain or determinable price payable over a term is not an annuity contract.

Acts 2012, No. 258, §1, eff. Jan. 1, 2013.
La. Civ. Code art. 3456 — LA Code / Code civil-code / Article 3456
Computation of time by years
Status: in_force

If a prescriptive period consists of one or more years, prescription accrues upon the expiration of the day of the last year that corresponds with the date of the commencement of prescription.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Ch. Code art. 657 — LA Code / Code childrens-code / Article 657
Motions to dismiss
Status: in_force

A. All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by a motion to dismiss.

B. Upon a finding of grounds to dismiss the petition as provided in Paragraph A of this Article, the court shall order that the petition be dismissed.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2022, No. 176, §1.
La. Civ. Code art. 1519 — LA Code / Code civil-code / Article 1519
Impossible, illegal or immoral conditions.
Status: in_force

In all dispositions inter vivos and mortis causa impossible conditions, those which are contrary to the laws or to morals, are reputed not written.
La. Civ. Code art. 456 — LA Code / Code civil-code / Article 456
Banks of navigable rivers or streams.
Status: in_force

The banks of navigable rivers or streams are private things that are subject to public use.

The bank of a navigable river or stream is the land lying between the ordinary low and the ordinary high stage of the water. Nevertheless, when there is a levee in proximity to the water, established according to law, the levee shall form the bank.

Acts 1978, No. 728, §1.
La. Civ. Code art. 937 — LA Code / Code civil-code / Article 937
Transmission of rights of successor
Status: in_force

The rights of a successor are transmitted to his own successors at his death, whether or not he accepted the rights, and whether or not he knew that the rights accrued to him.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 3353 — LA Code / Code code-of-civil-procedure / Article 3353
Legacy to executor
Status: in_force

A testamentary executor who is a legatee shall be entitled to compensation, unless the testament provides to the contrary. If the legacy and the compensation of the executor together exceed the disposable portion, the executor shall receive only the disposable portion.
La. Civ. Code art. 3019 — LA Code / Code civil-code / Article 3019
Liability when authority is exceeded
Status: in_force

A mandatary who exceeds his authority is personally bound to the third person with whom he contracts, unless that person knew at the time the contract was made that the mandatary had exceeded his authority or unless the principal ratifies the contract.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 3496.2 — LA Code / Code civil-code / Article 3496.2
Action against a person for sexual assault
Status: in_force

A delictual action against a person for any act of sexual assault, as defined in R.S. 46:2184, is subject to a liberative prescription of three years. This prescription commences to run from the day the injury or damage is sustained or the day the victim is notified of the identity of the offender by law enforcement or a judicial agency, whichever is later. This prescriptive period shall be subject to any exception of peremption provided by law.

Acts 2016, No. 629, §1.
La. Code Crim. Proc. art. 985.1 — LA Code / Code code-of-criminal-procedure / Article 985.1
Interim motion to expunge a felony arrest from criminal history in certain cases resulting in a misdemeanor conviction
Status: in_force

A. A person may file an interim motion to expunge a felony arrest from his criminal history when that original arrest results in a conviction for a misdemeanor. In such cases, only the original felony arrest may be expunged.

B. The interim motion to expunge a felony arrest which results in a misdemeanor conviction from criminal history is separate and distinct from an expungement of a final conviction pursuant to Articles 976, 977, and 978 of this Code.

C. Except as provided in Paragraph D of this Article, an interim motion to expunge a felony arrest from criminal history shall follow the same procedures and fees established pursuant to the provisions of Article 979 et seq of this Code.

D. An interim motion to expunge shall not be subject to the time limitations provided for in Articles 977(A)(2) or 978(A)(2) of this Code, and there shall be no restriction on the number of interim expungements which may be granted.

Acts 2014, No. 145, §1.
La. Civ. Code art. 942 — LA Code / Code civil-code / Article 942
Persons who may bring action
Status: in_force

A. An action to declare a successor unworthy may be brought only by a person who would succeed in place of or in concurrence with the successor to be declared unworthy, or by one who claims through such a person.

B. When a person who may bring the action is a minor or an interdict, the court, on its own motion, or on the motion of any family member, may appoint an attorney to represent the minor or interdict for purposes of investigating and pursuing an action to declare a successor unworthy.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
La. Civ. Code art. 3364 — LA Code / Code civil-code / Article 3364
Effect of timely recordation of notice of reinscription
Status: in_force

A notice of reinscription that is recorded before the effect of recordation ceases continues that effect for ten years from the date the notice is recorded.

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

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. 3126 — LA Code / Code civil-code / Article 3126
Participation in proceedings; signature of award.
Status: in_force

If there are several arbitrators named by the submission, they can not give their award, unless they all see the proceedings and try the cause together; but it is not necessary that the award be signed by them all.
La. Civ. Code art. 1953 — LA Code / Code civil-code / Article 1953
Fraud may result from misrepresentation or from silence
Status: in_force

Fraud is a misrepresentation or a suppression of the truth made with the intention either to obtain an unjust advantage for one party or to cause a loss or inconvenience to the other. Fraud may also result from silence or inaction.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3505.2 — LA Code / Code civil-code / Article 3505.2
Commencement of period of extension
Status: in_force

The period of extension commences to run on the date of the juridical act granting it.

Acts 2013, No. 88, §1.
La. Code Crim. Proc. art. 784 — LA Code / Code code-of-criminal-procedure / Article 784
Method of selecting panel
Status: in_force

In selecting a panel, names shall be drawn from the petit jury venire indiscriminately and by lot in open court and in a manner to be determined by the court.

In those judicial district courts, including the Criminal District Court for the parish of Orleans, wherein use of a jury pool has been authorized by law, the petit jury panel shall be selected by random, indiscriminate choice in a manner to be determined by the rules of the court in which the jury panel is selected.

Amended by Acts 1977, No. 556, §1, eff. July 15, 1977.
La. Civ. Code art. 3101 — LA Code / Code civil-code / Article 3101
Capacity of parties; authority of mandataries, tutors and curators.
Status: in_force

They who cannot bind themselves cannot make a submission. An attorney in fact cannot make a submission without a special power.

The tutors of minors and the curators of persons interdicted or absent, cannot do it without being authorized by the judge.

Amended by Acts 1979, No. 711, §1.
La. Code Crim. Proc. art. 334.4 — LA Code / Code code-of-criminal-procedure / Article 334.4
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2012, No. 773, §1; Acts 2013, No. 261, §1; Acts 2014, No. 194, §3; Acts 2014, No. 811, §31, eff. June 23, 2014; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Civ. Code art. 1468 — LA Code / Code civil-code / Article 1468
Donations inter vivos; definition
Status: in_force

A donation inter vivos is a contract by which a person, called the donor, gratuitously divests himself, at present and irrevocably, of the thing given in favor of another, called the donee, who accepts it.

Amended by Acts 1871, No. 87; Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 540 — LA Code / Code civil-code / Article 540
Nature of usufruct.
Status: in_force

Usufruct is an incorporeal thing. It is movable or immovable according to the nature of the thing upon which the right exists.

Acts 1976, No. 103, §1.
La. Civ. Code art. 2701 — LA Code / Code civil-code / Article 2701
Call in warranty
Status: in_force

The lessor is bound to take all steps necessary to protect the lessee's possession against any disturbance covered by Article 2700 as soon as the lessor is informed of such a disturbance. If the lessor fails to do so, the lessee may, without prejudice to his rights against the lessor, file any appropriate action against the person who caused the disturbance.

If a third person brings against the lessee an action asserting a right in the thing or contesting the lessee's right to possess it, the lessee may join the lessor as a party to the action and shall be dismissed from the action, if the lessee so demands.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005; Acts 2025, No. 488, §1.
La. Code Civ. Proc. art. 617 — LA Code / Code code-of-civil-procedure / Article 617
Unincorporated association; definition; applicability
Status: in_force

As used in Articles 611 through 616, the term "unincorporated association" shall include any unincorporated business association that is treated by controlling substantive law as a separate juridical person.

Acts 1997, No. 839, §1, eff. July 1, 1997.
La. Civ. Code art. 103.1 — LA Code / Code civil-code / Article 103.1
Judgment of divorce; time periods
Status: in_force

The requisite periods of time, in accordance with Articles 102 and 103 shall be as follows:

(1) One hundred eighty days where there are no minor children of the marriage.

(2) Three hundred sixty-five days when there are minor children of the marriage at the time the rule to show cause is filed in accordance with Article 102 or a petition is filed in accordance with Article 103.

Acts 2006, No. 743, §1, eff. Jan. 1, 2007; Acts 2010, No. 604, §1, eff. June 25, 2010; Acts 2014, No. 316, §1.
La. Code Civ. Proc. art. 4622 — LA Code / Code code-of-civil-procedure / Article 4622
Petition
Status: in_force

A. The petition for the partition of property in which an absentee owns an interest, under the articles of this Chapter, shall allege the facts showing that the absent and unrepresented defendant is an absentee, as defined in Article 5251, shall describe the property sought to be partitioned and allege the ownership interests thereof, and shall be supported by an affidavit of the petitioner or of his counsel that the facts alleged in the petition are true.

B.(1) If the partition is to be made by private sale, the petition for partition between the co-owners shall have first priority status by the court and shall include all of the following:

(a) The primary terms of the proposed sale.

(b) The name of the proposed purchaser and whether the proposed purchaser is a co-owner or third party in accordance with Civil Code Article 811(B).

(c) The source or location of funds to be used in the sale.

(d) If the proposed purchaser is a juridical entity, including but not limited to corporations, limited liability companies, partnerships, and sole proprietorships, and whether that entity has a relationship with any co-owner.

(e) Whether any costs associated with the sale will be paid to any person related to the petitioning co-owners within the fourth degree or a juridical entity in which the co-owner has a direct or indirect financial interest.

(2) Upon judgment of the court ordering the sale, payment shall be made within twenty-four hours using cash or certified funds.

Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
La. Code Civ. Proc. art. 3094 — LA Code / Code code-of-civil-procedure / Article 3094
Order on application for appointment
Status: in_force

The court shall order the taking of an inventory, or the filing of a descriptive list as provided in Article 3136, of the property of the deceased upon the filing of an application for appointment as administrator.

If notice of the application for appointment is required under Articles 3091 through 3093, the court shall assign a date and hour for a hearing on the application, which shall be held not earlier than the eleventh day after the mailing or delivery of such notice. If no such notice is required, and ten days have elapsed since the death of the deceased, the court may appoint the applicant as administrator forthwith, unless he is disqualified under Article 3097.