FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 569 — LA Code / Code civil-code / Article 569
Duties with regard to things gradually or totally impaired
Status: in_force

If the usufructuary has not disposed of corporeal movables that are by their nature impaired by use, wear, or decay, he is bound to deliver them to the owner in the state in which they may be at the end of the usufruct.

The usufructuary is relieved of this obligation if the things are entirely worn out by normal use, wear, or decay.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Civ. Proc. art. 1916 — LA Code / Code code-of-civil-procedure / Article 1916
Jury cases; compromise agreements; signature of judgment by the court
Status: in_force

A. After a trial by jury, the court shall prepare and sign a judgment in accordance with the verdict of the jury within ten days of the rendition of the verdict, or the court may order counsel for a party in the case to prepare and submit a judgment to the court for signature within ten days of the rendition of the verdict, in accordance with the rules for Louisiana district courts.

B. When the parties to a contested matter reach a compromise agreement which is recited in open court and on the record capable of being transcribed, the court may order counsel for a party to prepare and submit a judgment to the court for signature, in accordance with the rules for Louisiana district courts, within twenty days of the recital.

Acts 2006, No. 474, §1; Acts 2008, No. 824, §3, eff. Jan. 1, 2009.
La. Civ. Code art. 2541 — LA Code / Code civil-code / Article 2541
Reduction of the price
Status: in_force

A buyer may choose to seek only reduction of the price even when the redhibitory defect is such as to give him the right to obtain rescission of the sale.

In an action for rescission because of a redhibitory defect the court may limit the remedy of the buyer to a reduction of the price.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 2950 — LA Code / Code civil-code / Article 2950
Applicable law
Status: in_force

Judicial sequestration is governed by the rules applicable to deposit and conventional sequestration to the extent that their application is compatible with the nature of judicial sequestration.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Civ. Code art. 1955 — LA Code / Code civil-code / Article 1955
Error induced by fraud
Status: in_force

Error induced by fraud need not concern the cause of the obligation to vitiate consent, but it must concern a circumstance that has substantially influenced that consent.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1007 — LA Code / Code childrens-code / Article 1007
Court records of proceedings
Status: in_force

A. All records and reports which result from proceedings held pursuant to the provisions of this Title are confidential and shall not be disclosed except as otherwise provided by this Chapter, by Chapter 7 of this Title, or as may be necessary to facilitate any order for continued contact as authorized by Article 1037.1.

B. The address and parish of the petitioner and each person on whose behalf the petition for termination of parental rights is filed under the provisions of Article 1015.1 may remain confidential with the court.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2016, No. 608, §1; Acts 2024, No. 92, §1.
La. Code Crim. Proc. art. 579 — LA Code / Code code-of-criminal-procedure / Article 579
Interruption of time limitation
Status: in_force

A. The period of limitation established by Article 578 shall be interrupted if:

(1) The defendant at any time, with the purpose to avoid detection, apprehension, or prosecution, flees from the state, is outside the state, or is absent from his usual place of abode within the state; or

(2) The defendant cannot be tried because of insanity or because his presence for trial cannot be obtained by legal process, or for any other cause beyond the control of the state; or

(3) The defendant fails to appear at any proceeding pursuant to actual notice, proof of which appears of record.

B. The periods of limitation established by Article 578 shall commence to run anew from the date the cause of interruption no longer exists.

C. If the defendant fails to appear in court pursuant to any provision of this Article and the defendant is subsequently arrested, the periods of limitations established by Article 578 of this Code shall not commence to run anew until the defendant appears in person in open court where the case on the original charge is pending, or the district attorney prosecuting the original charge has notice of the defendant's custodial location. For purposes of this Paragraph, "notice" shall mean either of the following:

(1) Filing in the court record by either the defendant or his counsel advising the court of his incarceration with a copy provided to the district attorney and certification of notice provided to the district attorney.

(2) Following the seventy-two hour hearing provided by Article 230.1 of this Code, actual notice of arrest is provided to the district attorney and filed in the record of the proceeding of which the warrant against the defendant was issued.

Amended by Acts 1984, No. 671, §1; Acts 2013, No. 6, §1.
La. Ch. Code art. 730 — LA Code / Code childrens-code / Article 730
Grounds
Status: in_force

Allegations that a family is in need of services must assert whether the child is currently under the supervision of any state or local entity including, but not limited to, the Department of Children and Family Services or the Department of Public Safety and Corrections, youth services, the office of juvenile justice, and assert one or more of the following grounds:

(1) That a child is truant or has willfully and repeatedly violated lawful school rules.

(2) That a child is ungovernable.

(3) That a child is a runaway.

(4) That a child has repeatedly possessed or consumed intoxicating beverages, or that he has misrepresented or deceived his age for the purpose of purchasing or receiving such beverages from any person, or has repeatedly loitered around any place where such beverages are the principal commodities sold or handled.

(5) That a child has committed an offense applicable only to children.

(6) That a child under ten years of age has committed any act which if committed by an adult would be a crime under any federal, state, or local law.

(7) That a caretaker has caused, encouraged, or contributed to the child's behaviors enumerated in this Article or to the commission of delinquent acts as defined in Title VIII.

(8) That, after notice, a caretaker has willfully failed to attend a meeting with the child's teacher, school principal, or other appropriate school employee to discuss the child's truancy, the child's repeated violation of school rules, or other serious educational problems of the child.

(9) That a child has been found incompetent to proceed with a delinquency matter under Article 832 et seq.

(10) Repealed by Acts 2012, No. 730, §2.

(11) A child found to have engaged in cyberbullying.

Acts 1991, No. 235, §7; Acts 1994, 3rd Ex. Sess., No. 45, §3; Acts 1995, No. 444, §1, eff. June 17, 1995; Acts 1999, No. 784, §1; Acts 1999, No. 1313, §2; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2010, No. 989, §1; Acts 2012, No. 660, §1; Acts 2012, No. 730, §2.
La. Code Crim. Proc. art. 713 — LA Code / Code code-of-criminal-procedure / Article 713
Peremptory grounds
Status: in_force

A motion for a continuance based upon peremptory grounds as provided by law shall be granted.

Amended by Acts 1982, No. 734, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 4652 — LA Code / Code code-of-civil-procedure / Article 4652
Claimants who may be impleaded
Status: in_force

Persons having competing or conflicting claims may be impleaded in a concursus proceeding even though the person against whom the claims are asserted denies liability in whole or in part to any or all of the claimants, and whether or not their claims, or the titles on which the claims depend, have a common origin, or are identical or independent of each other.

No claimant may be impleaded in a concursus proceeding whose claim has been prosecuted to judgment. No person claiming damages for wrongful death or for physical injuries may be impleaded in a concursus proceeding, except by a casualty insurer which admits liability for the full amount of the insurance coverage, and has deposited this sum into the registry of the court.
La. Code Civ. Proc. art. 1451 — LA Code / Code code-of-civil-procedure / Article 1451
Objections to admissibility
Status: in_force

Subject to the provisions of R.S. 13:3823 and Article 1455, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.

Acts 1976, No. 574, §1.
La. Code Civ. Proc. art. 3461 — LA Code / Code code-of-civil-procedure / Article 3461
Venue; procedure
Status: in_force

The petition for the partition of a succession shall be filed in the succession proceeding, as provided in Article 81(2).

In all other respects and except when manifestly inapplicable, the procedure for partitioning a succession is governed by the provisions of Articles 4601 through 4614.
La. Code Crim. Proc. art. 930.7 — LA Code / Code code-of-criminal-procedure / Article 930.7
Right to counsel
Status: in_force

A. If the petitioner is indigent and alleges a claim which, if established, would entitle him to relief, the court may appoint counsel.

B. The court may appoint counsel for an indigent petitioner when it orders an evidentiary hearing, authorizes the taking of depositions, or authorizes requests for admissions of fact or genuineness of documents, when such evidence is necessary for the disposition of procedural objections raised by the respondent.

C. The court shall appoint counsel for an indigent petitioner when it orders an evidentiary hearing on the merits of a claim, or authorizes the taking of depositions or requests for admissions of fact or genuineness of documents for use as evidence in ruling upon the merits of the claim.

Acts 1990, No. 523, §1.
La. Code Civ. Proc. art. 3863 — LA Code / Code code-of-civil-procedure / Article 3863
Person against whom writ directed
Status: in_force

A writ of mandamus may be directed to a public officer to compel the performance of a ministerial duty required by law, or to a former officer or his heirs to compel the delivery of the papers and effects of the office to his successor.
La. Civ. Code art. 2368 — LA Code / Code civil-code / Article 2368
Increase of the value of separate property.
Status: in_force

If the separate property of a spouse has increased in value as a result of the uncompensated common labor or industry of the spouses, the other spouse is entitled to be reimbursed from the spouse whose property has increased in value one-half of the increase attributed to the common labor.

Acts 1979, No. 709, §1.
La. Civ. Code art. 895 — LA Code / Code civil-code / Article 895
Separate property; rights of other ascendants
Status: in_force

If a deceased leaves neither descendants, nor brothers, sisters, or descendants from them, nor parents, nor spouse not judicially separated, his other ascendants succeed to his separate property. If the ascendants in the paternal and maternal lines are in the same degree, the property is divided into two equal shares, one of which goes to the ascendants on the paternal side, and the other to the ascendants on the maternal side, whether the number of ascendants on each side be equal or not. In this case, the ascendants in each line inherit by heads.

If there is in the nearest degree but one ascendant in the two lines, such ascendant excludes ascendants of a more remote degree.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Code Crim. Proc. art. 886.1 — LA Code / Code code-of-criminal-procedure / Article 886.1
Judgment for fines and costs declared executory; required notice
Status: in_force

If a civil judgment is signed in accordance with Article 886, the judgment shall be executory upon rendition by the court provided the defendant was notified at the time of sentencing of the possible rendition of a civil judgment in the event of his failure to pay the fine and costs. In all other cases, the judgment shall be executory immediately upon service of the notice of judgment upon the defendant in accordance with Code of Civil Procedure Article 1913.

Acts 1991, No. 85, §1.
La. Ch. Code art. 1505 — LA Code / Code childrens-code / Article 1505
Direct contempt
Status: in_force

A. A direct contempt of court is one committed in the immediate view and presence of the court and of which it has personal knowledge.

B. A direct contempt includes but is not limited to any of the following acts:

(1) Contumacious failure, after notice, to appear for a hearing on the day fixed therefor.

(2) Contumacious failure to comply with a subpoena or summons to appear in court, proof of service of which appears of record.

(3) Contumacious violation of an order excluding, separating, or sequestering a witness.

(4) Refusal to take the oath or affirmation as a witness, or refusal of a witness to answer a nonincriminating question when ordered to do so by the court.

(5) Contumacious, insolent, or disorderly behavior toward the judge or an attorney or other officer of the court, tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority.

(6) Breach of the peace, boisterous conduct, or violent disturbance tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority.

(7) Use of insulting, abusive, or discourteous language by an attorney or other person in open court, or in a motion, plea, brief, or other document, filed with the court, in irrelevant criticism of another attorney or officer of the court.

(8) Violation of a rule of the court adopted to maintain order and decorum in the courtroom.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 330.2 — LA Code / Code code-of-criminal-procedure / Article 330.2
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2005, No. 237, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Civ. Code art. 463 — LA Code / Code civil-code / Article 463
Component parts of tracts of land.
Status: in_force

Buildings, other constructions permanently attached to the ground, standing timber, and unharvested crops or ungathered fruits of trees, are component parts of a tract of land when they belong to the owner of the ground.

Acts 1978, No. 728, §1.
La. Code Civ. Proc. art. 1153 — LA Code / Code code-of-civil-procedure / Article 1153
Amendment relates back
Status: in_force

When the action or defense asserted in the amended petition or answer arises out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of filing the original pleading.
La. Code Civ. Proc. art. 1442 — LA Code / Code code-of-civil-procedure / Article 1442
Deposition of an organization
Status: in_force

A party may in his notice name as the deponent a public or private corporation or a partnership or association or governmental agency and designate with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he will testify. The persons so designated shall testify as to matters known or reasonably available to the organization. This Article does not preclude taking a deposition by any other procedure authorized in this Chapter.

Acts 1976, No. 574, §1.
La. Civ. Code art. 1795 — LA Code / Code civil-code / Article 1795
Solidary obligor may not request division; action against one obligor after action against another
Status: in_force

An obligee, at his choice, may demand the whole performance from any of his solidary obligors. A solidary obligor may not request division of the debt.

Unless the obligation is extinguished, an obligee may institute action against any of his solidary obligors even after institution of action against another solidary obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3525 — LA Code / Code civil-code / Article 3525
Termination of community; immovables in another state acquired by a spouse while domiciled in this state
Status: in_force

Upon the termination of the community between spouses, either of whom is domiciled in this state, their rights and obligations with regard to immovables situated in another state acquired during marriage by either spouse while domiciled in this state, which would be community property if situated in this state, shall be determined in accordance with the law of this state. This provision may be enforced by a judgment recognizing the spouse's right to a portion of the immovable or its value.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 1260 — LA Code / Code childrens-code / Article 1260
Appellate jurisdiction
Status: in_force

All appeals from any judgment rendered in accordance with this Title shall be to the proper court of appeal on both law and fact.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 3119 — LA Code / Code civil-code / Article 3119
Oath of umpire.
Status: in_force

The umpire shall take an oath similar to that taken by the arbitrators, before examining the matter or the point submitted to him.
La. Ch. Code art. 1571 — LA Code / Code childrens-code / Article 1571
Penalties; notice of penalty in order
Status: in_force

A. Upon violation of a temporary restraining order, a protective order, or a court-approved consent agreement, the court may hold the defendant in contempt of court and punish the defendant by imprisonment in the parish jail for not more than six months or a fine of not more than five hundred dollars, or both, and may order that all or a part of any fine be forwarded for the support of petitioner and dependents, in the discretion of the court.

B. Such sentence shall be imposed only after trial by the judge of a rule against the defendant to show cause why he should not be adjudged guilty of contempt and punished accordingly. The rule to show cause may issue on the court's own motion or on motion of a party to the action or proceeding, and shall state the facts alleged to constitute the contempt. A certified copy of the motion and of the rule to show cause shall be served upon the person charged with contempt in the same manner as a subpoena, at least forty-eight hours before the time assigned for the trial of the rule, which shall be scheduled within twenty days of the filing of the motion for contempt.

C. Each protective order issued under this Chapter, including a temporary ex parte order, shall have the following statement printed in bold-faced type or in capital letters: "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF NOT MORE THAN $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH, AND MAY BE FURTHER PUNISHED UNDER THE CRIMINAL LAWS OF THE STATE OF LOUISIANA. THIS ORDER SHALL BE ENFORCED BY ALL LAW ENFORCEMENT OFFICERS AND COURTS OF THE STATE OF LOUISIANA."

D. Nothing contained herein shall be construed as a limitation on any applicable provisions of Title 14 of the Louisiana Revised Statutes of 1950.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1999, No. 1200, §3.
La. Ch. Code art. 1187 — LA Code / Code childrens-code / Article 1187
Court records of proceedings
Status: in_force

All court records of adoption proceedings shall be confidential and shall not be open to inspection except on written authorization by the court and there shall be no publication thereof.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Code Evid. art. 1007 — LA Code / Code code-of-evidence / Article 1007
Testimony or written admission of party
Status: in_force

Contents of writings, recordings, or photographs may be proved by the testimony or, in a civil case, deposition of the party against whom offered or by his written admission, without accounting for the nonproduction of the original.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Civ. Proc. art. 45 — LA Code / Code code-of-civil-procedure / Article 45
Conflict between two or more articles in Chapter
Status: in_force

The following rules determine the proper venue in cases where two or more articles in this Chapter may conflict:

(1) Article 78, 79, 80, 81, 82, 83, 84, 86, or 87 governs the venue exclusively, if this article conflicts with any of Articles 42 and 71 through 77;

(2) If there is a conflict between two or more of Articles 78, 79, 80, 81, 82, 83, 84, 86, or 87, the plaintiff may bring the action in any venue provided by any applicable article; and

(3) If Articles 78, 79, 80, 81, 82, 83, 84, 86, and 87 are not applicable, and there is a conflict between two or more of Articles 42 and 71 through 77, the plaintiff may bring the action in any venue provided by any applicable article.

Amended by Acts 1982, No. 649, §1; Acts 2013, No. 78, §1.
La. Ch. Code art. 1532 — LA Code / Code childrens-code / Article 1532
Transfers to courts exercising criminal jurisdiction
Status: in_force

A. When the defendant is entitled to a trial by a jury, as defined in Article 1530, but knowingly and intelligently waives that right pursuant to Article 1531, the juvenile court may proceed with trial.

B. In cases where the defendant elects to exercise his right to a trial by jury, the court shall transfer the case to the proper court exercising criminal jurisdiction.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 719 — LA Code / Code code-of-criminal-procedure / Article 719
Reports of examinations and tests
Status: in_force

A. Upon written motion of the defendant, the court shall order the district attorney to permit or authorize the defendant to inspect and copy, photograph, or otherwise reproduce any results or reports, or copies thereof, of a physical or mental examination, and of scientific tests or experiments, made in connection with or material to the particular case, that are in the possession, custody, control, or knowledge of the district attorney and intended for use at trial. If the witness preparing the report will be called as an expert, the report shall contain the witness's area of expertise, his qualifications, a list of materials upon which his conclusion is based, and his opinion and the reason therefor. If the expert witness has not reduced his results to writing, or if the expert witness's written report does not contain the information required of an expert as provided in this Article, the state must produce for the defendant a written summary containing any information required to be produced pursuant to this Article but absent from a written report, if any, including the name of the expert witness, his qualifications, a list of materials upon which his conclusion is based, and his opinion and the reason therefor.

B. In addition, upon motion of the defendant, whenever the court orders the defendant to provide urine, blood, saliva, or hair samples or samples of other bodily substances for deoxyribonucleic acid testing in a criminal case, the defendant shall be authorized to acquire one-half of the deoxyribonucleic acid sample to be tested separately by the defendant at his expense.

Added by Acts 1977, No. 515, §1; Acts 1997, No. 1074, §1; Acts 2013, No. 250, §1.

NOTE: See Acts 2013, No. 250, §2, relative to applicability.
La. Code Civ. Proc. art. 2641 — LA Code / Code code-of-civil-procedure / Article 2641
Service upon, and seizure and sale prosecuted against, attorney for unrepresented defendant
Status: in_force

In all cases governed by Article 2674, all demands, notices, and other documents required to be served upon the defendant in an executory proceeding shall be served upon the attorney at law appointed by the court to represent him, against whom the seizure and sale shall be prosecuted contradictorily.