FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 1951 — LA Code / Code code-of-civil-procedure / Article 1951
Amendment of judgment
Status: in_force

On motion of the court or any party, a final judgment may be amended at any time to alter the phraseology of the judgment or to correct deficiencies in the decretal language or errors of calculation. The judgment may be amended only after a hearing with notice to all parties, except that a hearing is not required if all parties consent or if the court or the party submitting the amended judgment certifies that it was provided to all parties at least five days before the amendment and that no opposition has been received. A final judgment may not be amended under this Article to change its substance.

Acts 2013, No. 78, §1; Acts 2021, No. 259, §2.
La. Ch. Code art. 808 — LA Code / Code childrens-code / Article 808
Constitutional rights of accused delinquents
Status: in_force

All rights guaranteed to criminal defendants by the Constitution of the United States or the Constitution of Louisiana, except the right to jury trial, shall be applicable in juvenile court proceedings brought under this Title.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 732 — LA Code / Code childrens-code / Article 732
Duties of intake officer
Status: in_force

A. The court shall designate any individual, except a person authorized to file a petition, who will serve as the intake officer for the court in families in need of services cases.

B. Unless otherwise specified by the court, the duties of the intake officer shall include:

(1) Responsibility for receiving all complaints alleging that a family is in need of services.

(2) Responsibility for conducting a preliminary investigation into the merits of the allegations.

(3) Responsibility for identifying any public institutions or agencies having the legal responsibility and ability to supply any needed services.

(4) Scheduling the conference authorized by Article 743 and notifying all parties of the time and place of the conference.

(5) Conducting the Informal Family Services Plan conference and writing the resulting agreement, if any.

(6) Coordinating the implementation of the resulting agreement, if any.

(7) Referring the case for petition and an adjudication hearing, if necessary.

Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
La. Ch. Code art. 791.3 — LA Code / Code childrens-code / Article 791.3
State, state agencies; participation
Status: in_force

A. The state recognizes that juvenile crime is a statewide problem which is increasing and which adversely affects all its citizens starting with the child and family. In metropolitan areas of the state, juvenile courts report that almost all of its families under the Families in Need of Services program involve school-related issues and the overwhelming majority are truant cases involving children below the age of twelve. "Out-of-school" suspension rates in elementary schools are comparable to those of middle and junior high schools.

B. The state is obligated to provide certain social and health care services to needy families through the Department of Children and Family Services and the Louisiana Department of Health. These services for assessment and psychiatric evaluation and treatment, if deemed needed, must be continued. The state substance abuse clinics, through its employees and contracted programs, shall accept referrals for substance abuse evaluation and treatment if warranted. The legislature recognizes that each parish included in this Chapter has committed through binding interagency agreements to provide certain enumerated services, including providing physical space. This commitment by the parishes is predicated on financial assistance from the state in order to fully comply with the creation of truancy assessment service centers. Additionally, in order to support each truancy assessment service center with sufficient services pursuant to this Chapter, the state will continue to provide social and health-related services where available.

Acts 1999, No. 1372, §1; Acts 2023, No. 387, §2, eff. June 14, 2023.
La. Code Civ. Proc. art. 425 — LA Code / Code code-of-civil-procedure / Article 425
Preclusion by judgment
Status: in_force

A. A party shall assert all causes of action arising out of the transaction or occurrence that is the subject matter of the litigation.

B. Paragraph A of this Article shall not apply to an action for divorce under Civil Code Article 102 or 103, an action for determination of incidental matters under Civil Code Article 105, an action for contributions to a spouse's education or training under Civil Code Article 121, and an action for partition of community property and settlement of claims between spouses under R.S. 9:2801.

Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §2.
La. Civ. Code art. 3486 — LA Code / Code civil-code / Article 3486
Immovables; prescription of thirty years
Status: in_force

Ownership and other real rights in immovables may be acquired by the prescription of thirty years without the need of just title or possession in good faith.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Ch. Code art. 1433 — LA Code / Code childrens-code / Article 1433
Protective custody without court order
Status: in_force

A. A peace officer or a peace officer accompanied by an emergency medical service trained technician may take a minor into protective custody and transport him to a treatment facility for a medical evaluation when, as a result of his personal observation, the peace officer or emergency medical service technician has reasonable grounds to believe the minor is a proper subject for involuntary admission to a treatment facility because he is acting in a manner dangerous to himself or dangerous to others, is gravely disabled, and is in need of immediate hospitalization to protect the minor or others from physical harm.

B. The minor may only be transported to one of the following:

(1) A community mental health center.

(2) A public or private general hospital.

(3) A public or private mental hospital.

(4) A detoxification center.

(5) A substance abuse clinic.

(6) A substance abuse inpatient facility.

C. Upon arrival at the treatment facility, the escorting peace officer shall then be relieved of any further responsibility and the minor shall be immediately examined by a physician, preferably a psychiatrist, who shall determine if the minor shall be voluntarily admitted, admitted by emergency certificate, or discharged.

D. In the case of a minor suffering from substance abuse and where any of the facilities stated in Paragraph B of this Article are unavailable, the peace officer and emergency medical service technician may use whatever means or facilities available to protect the health and safety of the minor suffering from substance abuse until such time as any of the above facilities become available. In taking a minor into protective custody, the peace officer and emergency medical service technician may take reasonable steps to protect themselves. A peace officer or emergency medical service technician who acts in compliance with this Article is acting in the course of his official duty and cannot be subjected to criminal or civil liability as a result thereof.

E. Under the provisions of this Article no minor shall be placed in protective custody for a period in excess of seventy-two hours. Any minor placed in protective custody under the provisions of this Article shall be considered as an inmate for maintenance purposes only.

F.(1) Any person removing a minor from a school pursuant to this Article shall provide the following information about the minor to a school administrator:

(a) First and last name.

(b) Address.

(c) Date of birth.

(2) The provisions of this Paragraph shall not apply to an arrest for which there is probable cause.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2022, No. 324, §1.
La. Ch. Code art. 1238 — LA Code / Code childrens-code / Article 1238
Petition for final decree
Status: in_force

A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of private adoption.

B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 2341.1 — LA Code / Code civil-code / Article 2341.1
Acquisition of undivided interests; separate and community property
Status: in_force

A. A spouse's undivided interest in property otherwise classified as separate property under Article 2341 remains his separate property regardless of the acquisition of other undivided interests in the property during the existence of the legal regime, the source of improvements thereto, or by whom the property was managed, used, or enjoyed.

B. In property in which an undivided interest is held as community property and an undivided interest is held as separate property, each spouse owns a present undivided one-half interest in that portion of the undivided interest which is community and a spouse owns a present undivided interest in that portion of the undivided interest which is separate.

Acts 1991, No. 329, §2.
La. Civ. Code art. 2649 — LA Code / Code civil-code / Article 2649
Assignor's knowledge of the debtor's insolvency; effects
Status: in_force

When the assignor of a right did not warrant the solvency of the debtor but knew of his insolvency, the assignee without such knowledge may obtain rescission of the contract.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 935 — LA Code / Code civil-code / Article 935
Acquisition of ownership; seizin
Status: in_force

Immediately at the death of the decedent, universal successors acquire ownership of the estate and particular successors acquire ownership of the things bequeathed to them.

Prior to the qualification of a succession representative only a universal successor may represent the decedent with respect to the heritable rights and obligations of the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 523 — LA Code / Code civil-code / Article 523
Good faith; definition.
Status: in_force

An acquirer of a corporeal movable is in good faith for purposes of this Chapter unless he knows, or should have known, that the transferor was not the owner.

Acts 1979, No. 180, §1.
La. Civ. Code art. 3121 — LA Code / Code civil-code / Article 3121
Arbitrators acting in excess of power, effect.
Status: in_force

Arbitrators can not exceed the power which is given to them; and if they exceed it, their award is null for so much.
La. Code Civ. Proc. art. 3991 — LA Code / Code code-of-civil-procedure / Article 3991
Petition for judicial emancipation
Status: in_force

A. A minor age sixteen or older may petition for emancipation individually without the participation of his tutor or administrator. The petition of the minor shall name as parties defendant and shall be served personally on the parents of the minor, if parental authority exists, or his tutor if parental authority does not exist.

B. The parents of a minor age sixteen or older, if parental authority exists, or the tutor of the minor, if parental authority does not exist, may petition for the emancipation of the minor. A petition filed by the parents or tutor of a minor shall name the minor as defendant and shall be served personally on the minor and on an attorney appointed by the court, who shall represent the minor.

C. A joint petition for judicial emancipation may be filed by a minor age sixteen or older and the parents of the minor, if parental authority exists, or the tutor of the minor, if parental authority does not exist. A joint petition need not be served on any party.

Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
La. Civ. Code art. 686 — LA Code / Code civil-code / Article 686
Common ditches.
Status: in_force

A ditch between two estates is presumed to be common unless there be proof to the contrary.

Adjoining owners are responsible for the maintenance of a common ditch.

Acts 1977, No. 514, §1.
La. Code Evid. art. 513 — LA Code / Code code-of-evidence / Article 513
Trade secrets
Status: in_force

A person has a privilege, which may be claimed by him or his agent or employee, to refuse to disclose, and to prevent another person from disclosing, a trade secret owned by him, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. When disclosure is directed, the judge shall take such protective measure as the interests of the holder of the privilege and of the parties and the furtherance of justice may require.

Acts 1992, No. 376, §1, eff. Jan. 1, 1993.
La. Ch. Code art. 913 — LA Code / Code childrens-code / Article 913
Revocation of probation; procedure; evidence
Status: in_force

A. A motion filed to revoke a child's probation shall be accompanied by a supporting affidavit specifying the claimed violations which form the basis of the revocation. The child shall be entitled to a copy of the motion and supporting affidavit.

B. Unless the child waives his right, the court shall conduct a contradictory hearing. At this hearing, the child shall be entitled to:

(1) The right to confront and cross-examine adverse witnesses.

(2) The right to appear in person and to present witnesses in his own behalf.

(3) The right to have the state bear the burden of providing by clear and convincing evidence that he violated a condition of his probation which was contained in the order of disposition.

C. The hearing may be more informal and summary than an adjudication hearing. Consistent with the child's constitutional rights and the burdens upon the prosecution which full compliance with the Code of Evidence might otherwise entail, the court shall have discretion in the receipt and consideration of proffered evidence.

D. An order revoking probation shall comply with the requirements of Article 903.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
La. Code Civ. Proc. art. 4606 — LA Code / Code code-of-civil-procedure / Article 4606
Partition in kind
Status: in_force

Except as otherwise provided by law, or unless the property is indivisible by nature or cannot conveniently be divided, the court shall order the partition to be made in kind.
La. Ch. Code art. 916 — LA Code / Code childrens-code / Article 916
Modification of a mental health commitment
Status: in_force

A. In cases where a child has been committed to the Louisiana Department of Health, office of behavioral health, or private mental institution, or an institution for persons with mental illness, the court may also modify the judgment on motion of the department or superintendent of a private mental institution.

B. In cases in which a child has been adjudicated a delinquent, a judgment of disposition shall not be modified to release a child from the custody of the Louisiana Department of Health, office of behavioral health, or private mental institution or an institution for persons with mental illness without three days prior notice to the district attorney and the department or other institution.

C. Notwithstanding any provisions of law to the contrary, in cases in which a child has not been adjudicated a delinquent and has been found to be insane at the time of the offense, a child shall not be released from the custody of the Louisiana Department of Health, office of behavioral health, or private mental institution, or an institution for persons with mental illness except upon order of the court after motion and contradictory hearing.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §33, eff. June 23, 2014.
La. Civ. Code art. 2491 — LA Code / Code civil-code / Article 2491
Immovables, extent of delivery
Status: in_force

The seller must deliver to the buyer the full extent of the immovable sold. That obligation may be modified in accordance with the provisions of the following Articles.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3135 — LA Code / Code civil-code / Article 3135
Limitations upon recourse
Status: in_force

A written contract may provide that the obligee's recourse against the obligor is limited to particular property or to a specified class or kind of property.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Civ. Proc. art. 3391 — LA Code / Code code-of-civil-procedure / Article 3391
Discharge of succession representative
Status: in_force

After homologation of the final account, or upon proof that the heirs have waived a final account, the succession representative may petition for discharge.

Upon the filing of receipts or other evidence satisfactory to the court, showing that the creditors have been paid and that the balance of the property in the possession of the succession representative has been distributed to the heirs and legatees, the court shall render a judgment discharging the succession representative and cancelling his bond.
La. Code Crim. Proc. art. 926.4 — LA Code / Code code-of-criminal-procedure / Article 926.4
Privilege waiver
Status: in_force

By raising any claim of ineffective assistance of counsel, the defendant waives the attorney-client privilege as to any information necessary to allow the state to rebut the claim.

Acts 2025, No. 393, §1.
La. Civ. Code art. 1581 — LA Code / Code civil-code / Article 1581
Persons incompetent to be witnesses
Status: in_force

A person cannot be a witness to any testament if the person is insane, blind, under the age of sixteen, or unable to sign his name.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2025, No. 30, §1.
La. Civ. Code art. 3342 — LA Code / Code civil-code / Article 3342
Parties to an instrument are precluded from raising certain matters
Status: in_force

A party to a recorded instrument may not contradict the terms of the instrument or statements of fact it contains to the prejudice of a third person who after its recordation acquires an interest in or over the immovable to which the instrument relates.

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. Code Civ. Proc. art. 2165 — LA Code / Code code-of-civil-procedure / Article 2165
Appeals deemed abandoned
Status: in_force

An appeal is abandoned when the parties fail to take any step in its prosecution or disposition for the period provided in the rules of the appellate court.

Amended by Acts 1966, No. 36, §1; Acts 1982, No. 186, §2.
La. Ch. Code art. 1269.6 — LA Code / Code childrens-code / Article 1269.6
Effect; continuing contact agreement
Status: in_force

A. A continuing contact agreement shall be enforceable only if filed with the court and approved in accordance with Article 1269.5.

B. Failure to comply with the terms of an agreement made pursuant to this Chapter is not grounds for nullifying a surrender or an adoption decree or revocation by a biological parent of a surrender or consent to an adoption or for any action seeking the child's custody. Failure to include this warning in the judgment as required by Article 1269.5 shall not affect the adoption.

Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §2.
La. Civ. Code art. 2678 — LA Code / Code civil-code / Article 2678
Term
Status: in_force

The lease shall be for a term. Its duration may be agreed to by the parties or supplied by law.

The term may be fixed or indeterminate. It is fixed when the parties agree that the lease will terminate at a designated date or upon the occurrence of a designated event.

It is indeterminate in all other cases.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 1549 — LA Code / Code civil-code / Article 1549
Thing acquired subject to existing charges
Status: in_force

The donee acquires the thing donated subject to all of its charges, even those that the donor has imposed between the time of the donation and the time of the acceptance.

Acts 1988, No. 546, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 2727 — LA Code / Code civil-code / Article 2727
Termination of lease with an indeterminate term
Status: in_force

A lease with an indeterminate term, including a reconducted lease or a lease whose term has been established through Article 2680, terminates by notice to that effect given to the other party by the party desiring to terminate the lease, as provided in the following Articles.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 321 — LA Code / Code code-of-civil-procedure / Article 321
Executive officer of district court; serves process, executes writs and mandates directed to him by courts
Status: in_force

The sheriff is the executive officer of the district court.

He shall serve citations, summons, subpoenas, notices, and other process, and shall execute writs, mandates, orders, and judgments directed to him by the district courts, the courts of appeal, and the supreme court.
La. Civ. Code art. 662 — LA Code / Code civil-code / Article 662
Building near a wall.
Status: in_force

One who builds near a wall, whether common or not, is bound to take all necessary precautions to protect his neighbor against injury.

Acts 1977, No. 514, §1.
La. Code Evid. art. 802 — LA Code / Code code-of-evidence / Article 802
Hearsay rule
Status: in_force

Hearsay is not admissible except as otherwise provided by this Code or other legislation.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Ch. Code art. 1411 — LA Code / Code childrens-code / Article 1411
Right to hearing
Status: in_force

A minor or his attorney shall have the right to demand a hearing to determine whether the minor should receive treatment on an inpatient basis, be discharged from the treatment facility, or placed in a less restrictive setting.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 3425 — LA Code / Code civil-code / Article 3425
Corporeal possession
Status: in_force

Corporeal possession is the exercise of physical acts of use, detention, or enjoyment over a thing.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 3609 — LA Code / Code code-of-civil-procedure / Article 3609
Proof at hearings; affidavits
Status: in_force

The court may hear an application for a preliminary injunction or for the dissolution or modification of a temporary restraining order or a preliminary injunction upon the verified pleadings or supporting affidavits, or may take proof as in ordinary cases. If the application is to be heard upon affidavits, the court shall so order in writing, and a copy of the order shall be served upon the defendant at the time the notice of hearing is served.

At least twenty-four hours before the hearing, or such shorter time as the court may order, the applicant shall deliver copies of his supporting affidavits to the adverse party, who shall deliver to the applicant prior to the hearing copies of affidavits intended to be used by such adverse party. The court, in its discretion, and upon such conditions as it may prescribe, may permit additional affidavits to be filed at or after the hearing, and may further regulate the proceeding as justice may require.
La. Civ. Code art. 3316 — LA Code / Code civil-code / Article 3316
Liability of third possessor
Status: in_force

The deteriorations, which proceed from the deed or neglect of the third possessor to the prejudice of the creditors who have a privilege or a mortgage, give rise against the former to an action of indemnification.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
La. Civ. Code art. 1392 — LA Code / Code civil-code / Article 1392
Warranty of solvency of debtor of rent charge, prescription.
Status: in_force

The warranty of the solvency of the debtor of a rent charge can not be claimed after the lapse of five years from the partition.