FrankGoortani/open-us-law huggingface dataset:
La. Code Evid. art. 519 — LA Code / Code code-of-evidence / Article 519
Subpoena of judge or his representative in civil and criminal cases
Status: in_force

A. General rule. Neither a subpoena nor a court order shall be issued to a judge or his representative to appear or testify in any civil, criminal, or juvenile proceeding, including pretrial discovery or an administrative hearing, unless, after a contradictory hearing, it has been determined that the information sought is not protected from disclosure by the judicial deliberative process privilege, and all of the following:

(1) The information sought is essential to the case of the party seeking the information and is not merely peripheral, cumulative, or speculative.

(2) The purpose of seeking the information is not to harass the judge, nor for the mere purpose of seeking recusal of the judge.

(3) With respect to a subpoena, the subpoena lists the information sought with particularity, is reasonably limited as to subject matter and period of time, and gives timely notice.

(4) There is no practical alternative means of obtaining the information.

B. Waiver. Failure to object timely to a party's non-compliance with the provisions of this Article constitutes a waiver of the procedural protections of this Article, but does not constitute a waiver of any privilege.

C. The procedural provisions of and the protections afforded by Paragraph A of this Article shall extend to any judge of any court provided for by Article V of the Constitution of Louisiana and to any commissioner or special master of such court.

Acts 2012, No. 563, §1, eff. June 5, 2012.
La. Code Evid. art. 501 — LA Code / Code code-of-evidence / Article 501
Scope of privileges
Status: in_force

Privileges as recognized in this Chapter are evidentiary in nature, do not of themselves create causes of action or other substantive rights, and are applicable to proceedings enumerated in Article 1101. Nothing in this Chapter is intended to regulate the content or waiver of constitutional rights, nor inferences to be drawn from their invocation.

Acts 1992, No. 376, §1, eff. Jan. 1, 1993.
La. Ch. Code art. 318 — LA Code / Code childrens-code / Article 318
Inherent power and authority of courts
Status: in_force

A court inherently possesses all powers necessary for the exercise of its juvenile jurisdiction and the enforcement of its lawful orders. It has authority to issue such writs and orders as may be necessary or proper in aid of its jurisdiction. It has the duty to require that the juvenile proceedings be conducted with dignity and in an orderly and expeditious manner.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 768 — LA Code / Code code-of-criminal-procedure / Article 768
Same; use of confession or inculpatory statement; notice to defendant prior to opening statement
Status: in_force

Unless the defendant has been granted pretrial discovery, if the state intends to introduce a confession or inculpatory statement in evidence, it shall so advise the defendant in writing prior to beginning the state's opening statement. If it fails to do so a confession or inculpatory statement shall not be admissible in evidence.

Amended by Acts 1982, No. 735, §1.
La. Civ. Code art. 259 — LA Code / Code civil-code / Article 259
Option of acceptance of tutorship.
Status: in_force

The tutor by will is not compelled to accept the tutorship to which he is appointed by the father or mother.

But if he refuses the tutorship, he loses in that case all the legacies and other advantages, which the person who appointed him may have made in his favor under a persuasion that he would accept this trust.
La. Civ. Code art. 1478 — LA Code / Code civil-code / Article 1478
Nullity of donation procured by fraud or duress
Status: in_force

A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of fraud or duress.

Acts 1991, No. 363, §1.
La. Code Crim. Proc. art. 997 — LA Code / Code code-of-criminal-procedure / Article 997
Certification of human trafficking victim status
Status: in_force

STATE OF LOUISIANA

__________ JUDICIAL DISTRICT FOR THE PARISH OF ____________________

NO.:_________________________ DIVISION: _______________

STATE OF LOUISIANA

vs.

________________________________

CERTIFICATION OF HUMAN TRAFFICKING VICTIM STATUS

In accordance with the provisions of Louisiana Code of Criminal Procedure Article 983, the Office of the District Attorney has reviewed and determined that one,

________________________________________________________________________, RACE/ GENDER: _______________________DOB: ___________________________, SSN:_________________________________, has established by a preponderance of the evidence proof of status as a victim of human trafficking in accordance with the provisions of R.S. 14:46.2, for the following offense(s), detailed specifically as follows:

(If more than one offense, each relevant offense must be specifically listed in the following format)

OFFENSE:________________________

DOCKET NO:_____________________

CHARGE:________________________

DATE OF ARREST:________________

ARRESTING AGENCY:____________

CITY/PARISH OF ARREST:___________________

FURTHER, that the above offense(s) for which this Certification issued was committed, in substantial part, as a result of the above-named being a victim of human trafficking, in accordance with R.S. 14:46.2.

FURTHER, this Certification shall be considered as prima facie evidence of the victim's status in similar eligible crimes committed within other Louisiana jurisdictions during the time period in which the above-named was a victim of human trafficking.

FURTHER, all applicable time delays pertaining to expungement contained in Louisiana Code of Criminal Procedure Articles 977 and 978 shall be waived when presented to the clerk of court with an application for expungement of the above-specified offense(s).

FURTHER, any application for expungement of the above-specified offense(s) shall be at no cost to the above-named victim.

_______________________ __________________________________

DATE DISTRICT ATTORNEY

PARISH OF

_____________ JUDICIAL DISTRICT

STATE OF LOUISIANA

Acts 2022, No. 130, §1, eff. May 26, 2022.
La. Code Civ. Proc. art. 253.3 — LA Code / Code code-of-civil-procedure / Article 253.3
Duty judge exceptions; authority to hear certain matters
Status: in_force

A. In any case assigned pursuant to Article 253.1, a duty judge shall only hear and sign orders or judgments for the following:

(1) Domestic relations emergency matters and protective orders concerning physical safety.

(2) Temporary restraining orders.

(3) Default judgments, stipulated matters, examination of judgment debtors, orders to proceed in forma pauperis, orders allowing the filing of supplemental and amending petitions when no trial date has been assigned, orders allowing incidental demands when no trial date has been assigned, orders allowing additional time to answer, and judicial commitments.

(4) Uncontested cases in which all parties other than the plaintiff are represented by an attorney appointed by the court.

(5) Uncontested judgments of divorce pursuant to Civil Code Article 102.

(6) Orders directing the taking of an inventory; judgments decreeing or homologating a partition, when unopposed; judgments probating a testament ex parte; orders directing the execution of a testament; orders confirming or appointing a legal representative, when unopposed; orders appointing an undertutor or an undercurator; orders appointing an attorney at law to represent an absent, incompetent, or unrepresented person, or an attorney for an absent heir; orders authorizing the sale of property of an estate administered by a legal representative; orders directing the publication of the notice of the filing of a tableau of distribution, or of an account, by a legal representative; judgments recognizing heirs or legatees and sending them into possession, when unopposed; and all orders for the administration and settlement of a succession, or for the administration of an estate by a legal representative.

(7) Orders for the seizure and sale of property in an executory proceeding.

B. In any case assigned pursuant to Article 253.1, a duty judge shall only sign orders for issuing the following: orders to show cause; orders directing the issuance and providing the security to be furnished by a party for the issuance of a writ of attachment or sequestration; orders directing the release of property seized under a writ of attachment or sequestration and providing the security to be furnished therefor; orders for the issuance of a writ, or alternative writ, of habeas corpus, mandamus, or quo warranto; and orders for appeal.

C. In any case assigned pursuant to Article 253.1, a duty judge may sign any order specifically and expressly authorized by the judge to whom the case is assigned.

D. When a duty judge hears any matter or signs any order or judgment pursuant to this Article, he shall not acquire jurisdiction over additional matters in the case. Following the ruling of the duty judge, the judge assigned pursuant to Article 253.1 shall hear the other matters in the case, including but not limited to discovery matters, preliminary injunctions, and injunctions.

Acts 2000, 1st Ex. Sess., No. 24, §1; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
La. Civ. Code art. 1347 — LA Code / Code civil-code / Article 1347
Notice to parties.
Status: in_force

The officer appointed to make the partition is bound, within fifteen days at farthest from the notice of his appointment, to notify the heirs or their representatives, in writing, of the day, hour, and place in which he is to commence his work, sufficient time previous thereto, to enable them to attend, if they think proper.
La. Code Crim. Proc. art. 762 — LA Code / Code code-of-criminal-procedure / Article 762
Place of sessions of court
Status: in_force

Sessions of court shall be held at the parish courthouse and, if there is more than one courthouse in a parish, sessions may be held at any such courthouse, or sessions may be held at places within the parish other than the courthouse or courthouses in the discretion of the court:

(1) To take the testimony of witnesses who are so incapacitated that they cannot attend the trial in the parish courthouse;

(2) To allow the jury or judge to view the place where the crime or any material part thereof is alleged to have occurred, or to view an object which is admissible in evidence but which is difficult to produce in court. At this view, the court shall not permit the taking of evidence except in connection with the place or object; or

(3) When the courthouse in which the sessions are usually held is unsuitable for use, or there is no courthouse.

Amended by Acts 1972, No. 354, §1.
La. Code Civ. Proc. art. 1871 — LA Code / Code code-of-civil-procedure / Article 1871
Declaratory judgments; scope
Status: in_force

Courts of record within their respective jurisdictions may declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for; and the existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The declaration shall have the force and effect of a final judgment or decree.
La. Civ. Code art. 513 — LA Code / Code civil-code / Article 513
Use of materials of two owners; separation or co-ownership.
Status: in_force

When one used partly his own materials and partly the materials of another to make a new thing, unless the materials can be conveniently separated, the thing belongs to the owners of the materials in indivision. The share of one is determined in proportion to the value of his materials and of the other in proportion to the value of his materials and workmanship.

Acts 1979, No. 180, §1.
La. Civ. Code art. 3282 — LA Code / Code civil-code / Article 3282
Accessory nature
Status: in_force

Mortgage is accessory to the obligation that it secures. Consequently, except as provided by law, the mortgagee may enforce the mortgage only to the extent that he may enforce any obligation it secures.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 3150 — LA Code / Code civil-code / Article 3150
Acceptance
Status: in_force

A written contract of pledge need not be signed by the pledgee, whose consent is presumed and whose acceptance may be tacit.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 1527 — LA Code / Code civil-code / Article 1527
Remunerative donations
Status: in_force

The rules peculiar to donations inter vivos do not apply to a donation that is made to recompense for services rendered that are susceptible of being measured in money unless at the time of the donation the value of the services is less than two-thirds of the value of the thing donated.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 3238 — LA Code / Code civil-code / Article 3238
Proportionate payment to creditors of same rank.
Status: in_force

The creditors, named in each number of the preceding article, except number twelve, come in together, and must all suffer a ratable diminution, if the fund be insufficient.
La. Ch. Code art. 720 — LA Code / Code childrens-code / Article 720
Motion for guardianship
Status: in_force

A. After a child has been adjudicated to be in need of care, a motion for guardianship may be filed by the department, parent, counsel for the child, or, when the guardian is deceased, an individual previously named as a successor guardian in a guardianship subsidy agreement with the department; or the department may submit a case plan along with the case review report to the court and all counsel of record recommending guardianship in accordance with Articles 674, 688, and 689.

B. The motion, case review report, or case plan shall include all of the following:

(1) The name and gender of the child, and the date and place of the child's birth.

(2) A description of the mental and physical health of the child.

(3) The current placement of the child and when it began.

(4) The name and address of the proposed guardian and any relationship to the child.

(5) The name and address of the parents of the child.

(6) A plain and concise statement of the facts on which the motion, case review report, or case plan for guardianship is sought; why neither adoption nor reunification with a parent is in the best interest of the child; and why the child cannot be safely reunified with the parent within a reasonable time. If a parent files the motion, any statement that the child cannot be safely reunified with the parent within a reasonable time shall not be deemed an admission for any purpose other than satisfying the motion.

C. If any of the information required by Paragraph B of this Article is unknown, the motion, case review report, or case plan shall state that fact. In addition, if the location of either parent is unknown, the motion, case review report, or case plan shall disclose efforts to locate the parent.

D. Unless not yet completed, the home study, as required by Article 721, shall be attached to the motion, case review report, or case plan. If not attached, the home study shall be submitted to the court as soon as it is completed.

Acts 2011, No. 128, §1; Acts 2014, No. 354, §1; Acts 2015, No. 124, §1, eff. June 19, 2015; Acts 2024, No. 92, §1.
La. Ch. Code art. 636 — LA Code / Code childrens-code / Article 636
Summons
Status: in_force

When the petition is filed, the court shall issue a summons commanding the child, his resident parents, and such other persons as the court deems proper, to appear before the court at a designated time and place. The summons shall command the parents to appear to answer the petition at a designated time in accordance with Article 646 and may also command the presence of necessary participants for a prehearing conference convened in accordance with Article 646.1.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
La. Civ. Code art. 3311 — LA Code / Code civil-code / Article 3311
Mortgage securing several obligations
Status: in_force

In the absence of contrary agreement, the proceeds realized from enforcement of the mortgage shall be apportioned among several obligations secured by the mortgage in proportion to the amount owed on each at the time of enforcement.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.

{{NOTE: FORMER ART. 3311 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.
La. Civ. Code art. 1403 — LA Code / Code civil-code / Article 1403
Rescission inadmissible after compromise.
Status: in_force

But, after the partition, or the act operating the same effect, the action of rescission can no longer be admitted against a compromise made to put an end to disputes arising in consequence of the first act, although there should be no suit commenced on the subject.
La. Code Crim. Proc. art. 353 — LA Code / Code code-of-criminal-procedure / Article 353
Application for writ; form and contents
Status: in_force

An application for a writ of habeas corpus shall be by written petition addressed to a competent court by the person in custody or by some other person in his behalf. If the custody is by virtue of or under pretext of a court order, a copy of such order shall be annexed to the petition, or the petition shall allege that a copy of it has been demanded and refused. The petition shall further allege:

(1) The name of the person in custody and the place of custody if known, or if not known, a statement to that effect;

(2) The name of the custodian, if known, or if not known, a designation or description of him as far as possible; and

(3) A statement of facts upon which the petition is based, which statement may be supported by affidavits filed with the petition.

The application shall conclude with a prayer for the issuance of the writ. It shall be signed by the applicant and be accompanied by an affidavit that the allegations contained in the petition are true to the best of the affiant's information and belief.

Amended by Acts 1976, No. 382, §1; Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
La. Civ. Code art. 179 — LA Code / Code civil-code / Article 179
Establishment of filiation
Status: in_force

Filiation is established by proof of maternity or paternity or by adoption.

Acts 2009, No. 3, §1, eff. June 9, 2009.
La. Ch. Code art. 1269 — LA Code / Code childrens-code / Article 1269
Order
Status: in_force

The court may issue any limited visitation order that is consistent with the findings of the court and the best interests of the child.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 335.1 — LA Code / Code code-of-criminal-procedure / Article 335.1
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 1994, 3rd Ex. Sess., No. 70, §3; Acts 1999, No. 963, §3; Acts 2003, No. 750, §2; Acts 2010, No. 126, §1; Acts 2014, No. 318, §1; Acts 2015, No. 242, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Code Crim. Proc. art. 645 — LA Code / Code code-of-criminal-procedure / Article 645
Report of sanity commission
Status: in_force

A.(1) The report of the sanity commission members shall address their specific findings with regard to all of the following:

(a) The defendant's capacity to understand the proceedings against him.

(b) His ability to assist in his defense.

(c) His need for inpatient hospitalization in the event he is found incompetent.

(2) The fact that the defendant claims to be unable to remember the time period surrounding the alleged offense shall not, by itself, bar a finding of competency if the defendant otherwise understands the charges against him and can assist in his defense.

B. The report of the sanity commission shall be filed in triplicate with the presiding judge within thirty days after the date of the order of appointment. The time for filing may be extended by the court. The clerk shall make copies of the report available to the district attorney and to the defendant or his counsel without cost.

Acts 1990, No. 436, §1.
La. Code Civ. Proc. art. 3198 — LA Code / Code code-of-civil-procedure / Article 3198
Compromise and modification of obligations
Status: in_force

A succession representative may:

(1) Effect a compromise of an action or right of action by or against the succession; or

(2) Extend, renew, or in any manner modify the terms of any obligation owed by or to the succession.

Any action taken under this article must be approved by the court after notice as provided by Article 3229.
La. Civ. Code art. 3534 — LA Code / Code civil-code / Article 3534
Immovables situated in another state
Status: in_force

Except as otherwise provided in this Title, testate and intestate succession to immovables situated in another state is governed by the law that would be applied by the courts of that state.

If the deceased died domiciled in this state and left at least one forced heir who at the time was domiciled in this state, the value of those immovables shall be included in calculating the disposable portion and in satisfying the legitime.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 2129 — LA Code / Code code-of-civil-procedure / Article 2129
Assignment of errors unnecessary; exception
Status: in_force

An assignment of errors is not necessary in any appeal. Where the appellant designates only portions of the record as the record on appeal, he must serve with his designation a concise statement of the points on which he intends to rely, and the appeal shall be limited to those points.
La. Civ. Code art. 89 — LA Code / Code civil-code / Article 89
Impediment of same sex
Status: in_force

Persons of the same sex may not contract marriage with each other. A purported marriage between persons of the same sex contracted in another state shall be governed by the provisions of Title II of Book IV of the Civil Code.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 1999, No. 890, §1.
La. Ch. Code art. 665 — LA Code / Code childrens-code / Article 665
Burden of proof
Status: in_force

The state shall have the burden to prove the allegations of the petition by a preponderance of evidence.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 3132 — LA Code / Code civil-code / Article 3132
Termination of arbitration.
Status: in_force

The submission and power given to the arbitrators are put at an end by one of the following causes:

1. By the expiration of the time limited, either by the submission or by law, though the award should not be yet rendered.

2. By the death of one of the parties or arbitrators.

3. By the final award rendered by the arbitrators.

4. When the parties happen to compromise touching the thing in dispute, or when this thing ceases to exist.