FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 523 — LA Code / Code code-of-criminal-procedure / Article 523
Notice for hearing of pretrial motions; dismissal
Status: in_force

A. When the court sets a date for a contradictory hearing of any pretrial motion filed by the defendant, in addition to any other method of service provided for by law, notice of the date of such hearing may be served upon the defendant by mailing notice to the counsel of record.

B. Failure of a defendant who is not incarcerated, or failure of his attorney, to appear for the hearing of a pretrial motion filed by the defendant shall be grounds for dismissal by the court.

C. On oral or written motion of the district attorney, the court may dismiss the defendant's pretrial motion upon either of the following:

(1) The second failure to appear by the defendant or his counsel, after actual notice, for the hearing of a pretrial motion filed by the defendant, when the hearing for such motion was previously reset due to the defendant's failure to appear on the date that the hearing was originally set.

(2) The first failure to appear by the defendant or his counsel, after actual notice, for the hearing of a pretrial motion filed by the defendant, when the defendant has previously failed to appear in court for any other proceeding in the case.

Acts 2010, No. 713, §1.
La. Code Civ. Proc. art. 4261 — LA Code / Code code-of-civil-procedure / Article 4261
Care of person of minor; expenses
Status: in_force

The tutor shall have custody of and shall care for the person of the minor. He shall see that the minor is properly reared and educated in accordance with his station in life.

The expenses for the support and education of the minor should not exceed the revenue from the minor's property. However, if the revenue is insufficient to support the minor properly or to procure him an education, with the approval of the court as provided in Article 4271, the tutor may expend the minor's capital for these purposes.
La. Civ. Code art. 752 — LA Code / Code civil-code / Article 752
Reestablishment of things.
Status: in_force

If the exercise of the servitude becomes impossible because the things necessary for its exercise have undergone such a change that the servitude can no longer be used, the servitude is not extinguished; it resumes its effect when things are reestablished so that they may again be used, unless prescription has accrued.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 651 — LA Code / Code code-of-criminal-procedure / Article 651
When defense of insanity at time of offense is available; method of trial
Status: in_force

When a defendant is tried upon a plea of "not guilty", evidence of insanity or mental defect at the time of the offense shall not be admissible.

The defenses available under a combined plea of "not guilty and not guilty by reason of insanity" shall be tried together.
La. Civ. Code art. 3547 — LA Code / Code civil-code / Article 3547
Exceptional cases
Status: in_force

The law applicable under Articles 3543-3546 shall not apply if, from the totality of the circumstances of an exceptional case, it is clearly evident under the principles of Article 3542, that the policies of another state would be more seriously impaired if its law were not applied to the particular issue. In such event, the law of the other state shall apply.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 4852 — LA Code / Code code-of-civil-procedure / Article 4852
Change of venue; city court; forum non conveniens
Status: in_force

If a party has filed separate suits in a city court and a district court which has territorial jurisdiction over the city court relating to the same cause of action but placing a claim for property damage in one court and a claim for personal injury in the other court, the city court upon contradictory motion, or upon the court's own motion, after contradictory hearing may transfer the suit in its court to the district court if the transfer serves the convenience of the parties and the witnesses and is in the interest of justice.

Acts 1986, No. 156, §1.
La. Civ. Code art. 2627 — LA Code / Code civil-code / Article 2627
Right of first refusal, time for acceptance
Status: in_force

Unless otherwise agreed, an offer to sell the thing to the holder of a right of first refusal must be accepted within ten days from the time it is received if the thing is movable, and within thirty days from that time if the thing is immovable.

Unless the grantor concludes a final sale, or a contract to sell, with a third person within six months, the right of first refusal subsists in the grantee who failed to exercise it when an offer was made to him.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 657.1 — LA Code / Code code-of-criminal-procedure / Article 657.1
Conditional release; criteria
Status: in_force

A. At any time the court considers a recommendation from the hospital-based review panel that the person may be discharged or released on probation, it may place the insanity acquittee on conditional release if it finds the following:

(1) Based on the factors which the court shall consider pursuant to Article 657, he does not need inpatient hospitalization but needs outpatient treatment, supervision, and monitoring to prevent his condition from deteriorating to a degree that he would likely become dangerous to self and others.

(2) Appropriate outpatient treatment, supervision, and monitoring are reasonably available.

(3) There is significant reason to believe that the insanity acquittee, if conditionally released, would comply with the conditions specified.

(4) Conditional release will not present an undue risk of danger to others or self, as defined in R.S. 28:2.

B. The court shall subject a conditionally released insanity acquittee to such orders and conditions it deems will best meet the acquittee's need for treatment, supervision, and monitoring and will best serve the interests of justice and society.

C. These provisions for conditional release may also be applied to discharges of pretrial defendants found unrestorably incompetent to proceed pursuant to Article 648(B).

Acts 1995, No. 800, §1; Acts 2017, No. 369, §5.
La. Civ. Code art. 1509 — LA Code / Code civil-code / Article 1509
Insolvency of a donee
Status: in_force

When a donee from whom recovery is due is insolvent, the forced heir may claim his legitime from the donee of the next preceding donation and so on to the donee of the most remote donation. A donee who pays the share of an insolvent donee is subrogated to the rights of the forced heir against the insolvent donee.

Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Ch. Code art. 749 — LA Code / Code childrens-code / Article 749
Contents of petition
Status: in_force

A. The petition shall set forth with specificity:

(1) The name, date, and place of birth, sex, race, address, and present location of the child.

(2) The name, age, sex, race, and current address of the child's parents and caretakers.

(3) The name, age, sex, and race of any other family members living within the child's home.

(4) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the family.

(5) A statement as to 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, or the office of juvenile justice.

(6) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement.

B. If any of the information required by Paragraph A of this Article is unknown, the petition shall so allege. Any defects in the allegations required by Paragraph A of this Article shall be considered defects of form. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.

C. The petition shall aver one or more of the grounds set out in Article 730.

D. The petition shall also aver that all available and appropriate attempts to encourage voluntary use of community services by the family have been exhausted.

E. The petition shall conclude with a request that the court intervene to adjudicate the family to be in need of services.

Acts 1991, No. 235, §7; Acts 2012, No. 660, §1; Acts 2018, No. 296, §1.
La. Ch. Code art. 1424 — LA Code / Code childrens-code / Article 1424
Coroner; fees; records
Status: in_force

A. In making either the initial examination or the second examination, when the coroner or his deputy examines the patient and executes an emergency certificate and a reexamination of the minor and reexecution of a certificate is necessary for any reason to insure the validity of the certificate, both the first examiner and the reexaminer shall be entitled to a fee for the service, unless they are one and the same.

B. When a minor patient is confined in a treatment facility other than a state mental institution, the examining coroner in the parish where the minor is confined shall be entitled to the usual fee paid for this service to the coroner of the parish in which the patient is domiciled or residing.

C. When a minor patient is confined in a state mental institution in a parish other than his parish of domicile or residence, the examining coroner shall be entitled to the fee authorized by law in his parish for the service.

D. In either case, the fee shall be paid and accurate records of such payments kept by the governing authority of the parish in which the minor patient is domiciled or residing from parish funds designated for the purpose of payment to the coroner.

E. All coroners shall keep accurate records showing the number of patients confined in their parishes pursuant to this Article.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3662 — LA Code / Code code-of-civil-procedure / Article 3662
Same; relief that may be granted successful plaintiff in judgment; appeal
Status: in_force

A. A judgment rendered for the plaintiff in a possessory action shall:

(1) Recognize the plaintiff's right to the possession of the immovable property or real right therein, and restore him to possession thereof if he has been evicted, or maintain him in possession thereof if the disturbance has not been an eviction.

(2) Order the defendant to assert his adverse claim of ownership of the immovable property or real right therein in a petitory action to be filed within sixty days after the date the judgment becomes executory, or be precluded thereafter from asserting the ownership thereof, if the plaintiff has prayed for this relief and this relief is not precluded by Paragraph B of this Article.

(3) Award the plaintiff the damages to which he is entitled and for which he has prayed.

B. A judgment in a possessory action shall not grant the relief described in Subparagraph (A)(2) of this Article against the state or against a defendant who appeared in the action only through an attorney appointed to represent him under Article 5091.

C. A suspensive appeal from the judgment rendered in a possessory action may be taken within the delay provided in Article 2123, and a devolutive appeal may be taken from the judgment only within thirty days of the applicable date provided in Article 2087(A).

Amended by Acts 1981, No. 256, §1; Acts 2010, No. 185, §1; Acts 2023, No. 421, §2.
La. Ch. Code art. 784 — LA Code / Code childrens-code / Article 784
Duration of disposition
Status: in_force

A judgment of disposition shall remain in force only until a child reaches his eighteenth birthday. It may expire earlier by its own terms, if it is modified, or if it is vacated.

Acts 1991, No. 235, §7.
La. Ch. Code art. 406 — LA Code / Code childrens-code / Article 406
Waiver of court costs and fees
Status: in_force

A. In its discretion, the court may waive costs and fees to the extent that a party is unable to pay such costs and fees due to poverty or lack of means or for any other reason determined by the court.

B. In determining whether or to what extent a party is unable to pay, the court shall consider the party's income, property owned, outstanding obligations, and the number and ages of dependents.

C. The court may order payments in installments over time, or in any manner which it believes reasonable and compatible with the financial ability of the party.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2020, No. 146, §1.
La. Civ. Code art. 200 — LA Code / Code civil-code / Article 200
Adoption of minors
Status: in_force

The adoption of minors is also governed by the provisions of the Children's Code.

Acts 2009, No. 3, §1, eff. June 9, 2009.
La. Code Civ. Proc. art. 4266 — LA Code / Code code-of-civil-procedure / Article 4266
Continuation of business
Status: in_force

The court may authorize a tutor to continue any business in which the minor has an interest, when it appears to the best interest of the minor, and after compliance with Article 4271. The order of court may contain such conditions, restrictions, regulations and requirements as the court may direct.
La. Civ. Code art. 232 — LA Code / Code civil-code / Article 232
Parental authority
Status: in_force

Either parent during the marriage has parental authority over his child unless otherwise provided by law.

Under extraordinary circumstances, such as if one parent is mentally incompetent, interdicted, or imprisoned, or is an absent person, the other parent has exclusive authority.

Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
La. Civ. Code art. 3257 — LA Code / Code civil-code / Article 3257
Lessor's privilege primed by funeral charges.
Status: in_force

The case is the same with respect to the funeral expenses of the debtor and his family; when there is no other source from which they can be paid, they have a preference over the debt for rent or hire, on the price of the movables contained in the house or on the farm.
La. Ch. Code art. 1268 — LA Code / Code childrens-code / Article 1268
Evidence
Status: in_force

A. The court, on its own motion or on motion of any party, may order an investigation to be conducted by the department or may order such psychological evaluations as deemed necessary.

B. The court shall consider all relevant factors in making its determination, including but not limited to reports of psychological evaluations.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 1861 — LA Code / Code civil-code / Article 1861
Partial performance
Status: in_force

An obligee may refuse to accept a partial performance.

Nevertheless, if the amount of an obligation to pay money is disputed in part and the obligor is willing to pay the undisputed part, the obligee may not refuse to accept that part. If the obligee is willing to accept the undisputed part, the obligor must pay it. In either case, the obligee preserves his right to claim the disputed part.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 3952 — LA Code / Code code-of-civil-procedure / Article 3952
Rule to show cause and affidavit
Status: in_force

The rule to show cause provided in Civil Code Article 102 shall allege proper service of the initial petition for divorce, that the requisite period of time, in accordance with Civil Code Article 103.1, or more has elapsed since that service, and that the spouses have lived separate and apart continuously for the requisite period of time, in accordance with Civil Code Article 103.1. The rule to show cause shall be verified by the affidavit of the mover and shall be served on the defendant, the defendant's attorney of record, or the duly appointed attorney for the defendant prior to the granting of the divorce, unless service is waived by the defendant.

Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1995, No. 386, §2; Acts 2006, No. 743, §2, eff. Jan. 1, 2007; Acts 2018, No. 195, §1.
La. Ch. Code art. 1531 — LA Code / Code childrens-code / Article 1531
Right to waive trial by jury
Status: in_force

A. A defendant charged in juvenile court with a misdemeanor triable by jury may knowingly and intelligently waive a trial by jury and elect to be tried by the judge. At the time of arraignment, the defendant in such cases shall be informed by the court of his right to waive trial by jury.

B. The defendant shall exercise his right to waive trial by jury within fifteen days after the arraignment. However, with permission of the court, he may exercise his right to waive trial by jury at any time prior to the commencement of trial.

C. The defendant may withdraw a waiver of trial by jury unless the court finds that withdrawal of the waiver would result in interference with the administration of justice, unnecessary delay, unnecessary inconvenience to witnesses, or prejudice to the state.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3782 — LA Code / Code code-of-civil-procedure / Article 3782
Return date
Status: in_force

Except as otherwise provided by law, a petition for a writ of habeas corpus, mandamus, or quo warranto shall be assigned for hearing not less than two or more than ten days after the service of the writ; but, upon proper showing, the court may assign the matter for hearing less than two days after the service of the writ.

Amended by Acts 1964, No. 483, §1; Acts 1966, No. 36, §1.
La. Civ. Code art. 184 — LA Code / Code civil-code / Article 184
Maternity
Status: in_force

Maternity may be established by a preponderance of the evidence that the child was born of a particular woman, except as otherwise provided by law.

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. Ch. Code art. 1612 — LA Code / Code childrens-code / Article 1612
Retention of jurisdiction
Status: in_force

NOTE: Art. 1612 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

B. When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

C. Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state, nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in Paragraph A of this Article.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
La. Civ. Code art. 729 — LA Code / Code civil-code / Article 729
Conventional alteration of legal or natural servitude.
Status: in_force

Legal and natural servitudes may be altered by agreement of the parties if the public interest is not affected adversely.

Acts 1977, No. 514, §1.
La. Ch. Code art. 1285.6 — LA Code / Code childrens-code / Article 1285.6
Hearing
Status: in_force

A. The court shall sign the order setting the time and place for the hearing of the petition for adoption of the Hague Convention adoptee not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed. The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.

B. At this hearing, the court shall consider:

(1) Any motion to intervene that has been filed.

(2) Any other issues in dispute.

(3) The confidential report of the department.

(4) The report of any criminal records or validated complaints of child abuse or neglect concerning the petitioner.

(5) The testimony of the parties.

C. If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.

Acts 2013, No. 86, §1.
La. Civ. Code art. 3118 — LA Code / Code civil-code / Article 3118
Appointment of umpire.
Status: in_force

Whenever the umpire has not been appointed by the submission, the arbitrators have the power to appoint him, though such power is not mentioned in the submission. But if the arbitrators can not agree on this election, the umpire shall be appointed ex officio by the judge.