FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 809 — LA Code / Code childrens-code / Article 809
Right to counsel
Status: in_force

A. At every stage of proceedings under this Title, the accused child shall be entitled to the assistance of counsel at state expense. The court shall appoint counsel or refer the child for representation by the district public defender.

B. If a parent secures the services of retained counsel, the court-appointed counsel or public defender shall continue to represent the child until retained counsel has enrolled as counsel of record.

C. No child shall be admitted in accordance with this Title to a public or private mental institution or institution for persons with mental illness nor shall proceedings in accordance with Chapter 7 of this Title or Article 869 go forward unless he has been represented by retained private counsel who represents only the child's interest or by an attorney from the Mental Health Advocacy Service, unless its executive director has determined that its attorneys are unavailable. Any attorney from the Mental Health Advocacy Service so appointed shall continue to represent the child in any proceeding relating to admission, change of status, or discharge from the mental hospital or psychiatric unit. Upon modification of the disposition to placement other than a mental hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be relieved of representation of the child upon request of the Mental Health Advocacy Service or the child.

D. If the court finds that the interests of the child and his parent or caretaker conflict, or if required in the interests of justice, the court shall appoint an attorney to represent the child or refer him for representation by the district public defender.

E. The clerk of court shall promptly send notice of appointment to any attorney appointed in accordance with this Article.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2004, No. 776, §1; Acts 2006, No. 266, §1; Acts 2007, No. 307, §9; Acts 2010, No. 593, §1; Acts 2014, No. 811, §33, eff. June 23, 2014.
La. Ch. Code art. 869.3 — LA Code / Code childrens-code / Article 869.3
Report of sanity commission; content; filing
Status: in_force

A. The sanity commission shall file its report in the court record and mail copies to all counsel of record within forty-five days after the date of the order of appointment. For good cause shown, the court may extend the time for filing for a period not to exceed fifteen days.

B. The report shall include the following:

(1) The reason for the evaluation, if known.

(2) The evaluation procedures used, including any psychometric tests administered, records reviewed, and identity of any persons interviewed.

(3) Pertinent background information, including history of school performance, previous psychiatric history, and family history.

(4) Results of all previously completed mental examinations.

(5) A description of any psychiatric symptoms or cognitive deficiencies, including any diagnosis.

(6) A determination as to whether or not as a result of mental disease or mental defect the child was incapable of distinguishing between right and wrong at the time of the offense.

C. The report of the sanity commission shall be admissible at the sanity hearing.

D. A member of the sanity commission may be called as a witness at the sanity hearing by the court, the defense, or the district attorney.

Acts 2008, No. 222, §1, eff. June 16, 2008.
La. Code Civ. Proc. art. 3288 — LA Code / Code code-of-civil-procedure / Article 3288
Motor vehicles; sale at appraised value
Status: in_force

A. A succession representative may sell motor vehicles at prices not less than the appraised value of such motor vehicles in the succession inventory or descriptive list by obtaining an order authorizing sales, from time to time, for such prices as the succession representative shall determine. No advertisement shall be necessary, and the order authorizing such sales may be rendered upon the filing of the petition. If the succession representative desires to sell motor vehicles for less than the appraised value, advertisement shall be required.

B. For purposes of this Article, "motor vehicles" shall include automobiles, two-axle trucks, and motorcycles.

Acts 1986, No. 237, §1.
La. Civ. Code art. 784 — LA Code / Code civil-code / Article 784
Boundary; marker.
Status: in_force

A boundary is the line of separation between contiguous lands. A boundary marker is a natural or artificial object that marks on the ground the line of separation of contiguous lands.

Acts 1977, No. 169, §1.
La. Ch. Code art. 436 — LA Code / Code childrens-code / Article 436
Definitions
Status: in_force

(1) "Approved register" means the register of qualified mediators prepared and maintained by the Alternative Dispute Resolution Section of the Louisiana State Bar Association.

(2) "Mediation" is a procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and settlement.

(3) "Mediation parties" means:

(a) In a child in need of care proceeding, a representative of the Department of Children and Family Services, the parent, and the child.

(b) In a delinquency proceeding, the alleged victim and offender.

(c) In a families in need of services proceeding, the parent and the child and any other person involved in the complaint including, in truancy cases, a school representative, and, in offense cases, the alleged victim.

(4) "Mediator" is a third-party neutral who assists the parties in attempting to reach an agreement and who lacks the authority to impose any particular agreement upon them or to recommend any particular disposition of the case to the court.

Acts 1999, No. 894, §1.
La. Code Civ. Proc. art. 3404 — LA Code / Code code-of-civil-procedure / Article 3404
Priority in appointment
Status: in_force

When a succession representative has been appointed by a court of the decedent's domicile outside Louisiana, priority shall be given to him in the appointment of a representative in Louisiana, unless he is disqualified under Article 3097. Otherwise, priority shall be given in the appointment of a representative as provided in Article 3098.
La. Civ. Code art. 619 — LA Code / Code civil-code / Article 619
Changes made by the testator
Status: in_force

A usufruct by donation mortis causa is not considered revoked merely because the testator has made changes in the property after the date of his testament. The effect of the legacy is determined by application of the rules contained in the Title: Of donations inter vivos and mortis causa .

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Civ. Code art. 2842 — LA Code / Code civil-code / Article 2842
Restrictions on the right of a partner in commendam to receive contributions.
Status: in_force

A partner in commendam may not receive, directly or indirectly, any part of the capital or undistributed profits of the partnership if to do so would render the partnership insolvent. If he does so, he must restore the amount received together with interest at the legal rate.

If the partnership or the partners do not force the partner in commendam to restore the amount received, the creditors may proceed directly against the partner in commendam to compel the restoration.

Acts 1980, No. 150, §1.
La. Code Civ. Proc. art. 74.3.1 — LA Code / Code code-of-civil-procedure / Article 74.3.1
Marriage of persons; waiver of certain information
Status: in_force

A. A person applying for a marriage license who is unable to provide a birth certificate, letter required by R.S. 9:227, a valid and unexpired passport, or visa accompanied by Form I-94 as issued by the United States may provide a Certificate of Naturalization by the U.S. Citizenship and Immigration Authority. A person applying for a marriage license who is unable to provide a social security number may provide a driver's license, a government issued identification card, a passport, a visa issued by the United States Department of State, or a Certificate of Naturalization issued by the United States Citizenship and Immigration Services. A person applying for a marriage license who is unable to comply with the requirements of this Article may seek judicial authorization for waiver of the requirements of this Article. The court may grant the waiver and order the issuance of the marriage license if, after hearing and good cause shown, the court finds that such relief is appropriate and that the person has complied with other legal requirements for the marriage license. The hearing may be conducted in camera, and before a duty judge. The written order granting the waiver shall be attached to the marriage license application. If the court denies the waiver, the court shall provide reasons for the denial of the waiver.

B. The judicial authorization may be granted by the district court, parish court, family court, or juvenile court, in the parish in which the marriage license application is made, or by the First or Second City Court of the City of New Orleans if such application is made within their territorial jurisdiction, or by a justice of the peace court or city court if the issuing official is located within the justice of the peace or city court's territorial jurisdiction.

C. The provisions of this Article are in addition to any other right or remedy provided by law, are notwithstanding any other provision of law to the contrary, and shall supersede and control to the extent of conflict with any other provision of law.

Acts 2017, No. 419, §1.
La. Code Civ. Proc. art. 3224.1 — LA Code / Code code-of-civil-procedure / Article 3224.1
Continuation of corporation or partnership in which decedent held a majority interest
Status: in_force

A. The succession representative of an estate owning a majority interest in a corporation or partnership shall provide notice as provided in Articles 3272 and 3282 prior to alienating, encumbering, or disposing of any real property of a corporation or partnership in which the decedent held a majority interest at the time of his death. The notification required herein shall be by certified mail to the last known address of the heirs or legatees. The heirs and legatees may waive this notification.

B. Upon motion by an heir or legatee, and contradictory hearing thereon, the court may require that a succession representative of an estate owning a majority interest in a corporation or partnership seek court approval prior to alienating, encumbering, or disposing of any or all of the real property belonging to the corporation or partnership.

Acts 1992, No. 999, §1.
La. Ch. Code art. 817 — LA Code / Code childrens-code / Article 817
Release from custody
Status: in_force

A. As soon as practicable after a child is received by a juvenile detention center or shelter care facility, the court or an individual or entity authorized by the court to make the determination, shall, upon determining it to be appropriate, release the child to the care of his parents or other relatives upon their written promise to bring him to court at such times as may be fixed by the court. The court may also impose reasonable restrictions upon the child's travel, place of abode, association with other people, or employment during the period of this release.

B. If the court finds that these conditions are insufficient to assure the presence of the child at later proceedings, the court may require the posting of bail in accordance with Chapter 6 of this Title.

C. If the court finds that release under neither Paragraph A or B of this Article is appropriate, it may authorize the continued custody of a child pending a hearing in accordance with Chapter 5 of this Title.

D. If custody is continued, an appropriate representative of the arresting agency shall be responsible for transporting the child to the adjudication or dispositional hearing, or both, and transporting the child back to the juvenile detention center or to such state or local facility as determined by the court through its order or judgment or disposition.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2019, No. 147, §1.
La. Civ. Code art. 1341 — LA Code / Code civil-code / Article 1341
Terms of sale of succession effects where all heirs are absent or minors.
Status: in_force

When the effects of a succession are to be sold, in order to effect a partition, if all the heirs of the deceased are absent, minors or interdicted, the judge may, at the instance of the tutors and curators of these heirs, and on the advice of the family meeting of those of the heirs who are minors or interdicted, order the sale to be made on certain terms of credit and on proper security, unless the payments of the debts of the succession require that the sale be made for cash.
La. Code Evid. art. 403 — LA Code / Code code-of-evidence / Article 403
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time
Status: in_force

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or waste of time.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 1820 — LA Code / Code civil-code / Article 1820
Solidarity is not indivisibility
Status: in_force

A stipulation of solidarity does not make an obligation indivisible.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 738 — LA Code / Code code-of-criminal-procedure / Article 738
Number of witnesses allowed
Status: in_force

At a trial or hearing, each defendant in a misdemeanor case shall be allowed to summon six witnesses at the expense of the parish, and in a felony case sixteen witnesses. A defendant shall have the right of compulsory process for additional witnesses at his own expense.

Acts 2001, No. 1119, §1.
La. Civ. Code art. 1610.1 — LA Code / Code civil-code / Article 1610.1
Grounds for revocation of testamentary dispositions
Status: in_force

The same causes that authorize an action for the revocation of a donation inter vivos are sufficient to authorize an action for revocation of testamentary dispositions.

Acts 2001, No. 824, §1.
La. Ch. Code art. 1024.1 — LA Code / Code childrens-code / Article 1024.1
Termination of parental rights, payment of transportation costs
Status: in_force

A. The parish or municipality in which a termination of parental rights proceeding is held shall reimburse the transporting sheriff for the expenses incurred in transporting the incarcerated parent to and from the termination of parental rights proceeding and any other related proceeding at which the court requires the presence of the parent.

B. Upon application of the transporting sheriff, the court shall order the parish or municipality in which the termination of parental rights proceeding was held to pay the costs of transporting the incarcerated parent to the proceeding.

Acts 2006, No. 272, §1.
La. Code Civ. Proc. art. 3306 — LA Code / Code code-of-civil-procedure / Article 3306
Notice of filing of tableau of distribution; effect of failure to serve
Status: in_force

When notice has been requested in accordance with Article 3305, the succession representative, without the necessity for a court order thereon, shall send a notice of the filing of a tableau of distribution by mail to the attorney designated by the person praying for notice at the address designated. Proof of mailing is sufficient; no proof of receipt is required.

If no notice of the filing of a tableau of distribution has been mailed when required under this article, a judgment homologating the tableau of distribution shall have no effect against the person praying for such notice.

Amended by Acts 1962, No. 92, §1.
La. Civ. Code art. 753 — LA Code / Code civil-code / Article 753
Prescription for nonuse.
Status: in_force

A predial servitude is extinguished by nonuse for ten years.

Acts 1977, No. 514, §1.
La. Civ. Code art. 2894 — LA Code / Code civil-code / Article 2894
Preservation and limited use
Status: in_force

The borrower is bound to keep, preserve, and use the thing lent as a prudent administrator. He may use it only according to its nature or as provided in the contract.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Code Crim. Proc. art. 388 — LA Code / Code code-of-criminal-procedure / Article 388
Additional information provided when prosecuting offenses
Status: in_force

A. When instituting the prosecution of an offense involving a violation of any state law or local ordinance, the prosecuting agency, when authorized to provide information, shall include the following information in the indictment, information, or affidavit, if provided by the booking agency:

(1) Date of the offense.

(2) Date of arrest or summons, if a summons was issued in lieu of an arrest.

(3) The state identification number of the defendant, if one has been assigned to the defendant for the offense or for any prior offenses.

(4) Defendant demographic data to include sex, race, and date of birth, if known.

B. The information provided in Paragraph A of this Article may be provided in a separate document submitted with the bill of information, bill of indictment, or summons to the clerk of court.

C. The booking agency shall provide the information provided in Paragraph A of this Article to the prosecuting agency.

D. The clerk of court shall report the information provided in Paragraph A of this Article, along with the disposition and disposition date, to the supreme court.

E. The supreme court is authorized to report the information provided in Paragraph A of this Article, along with the disposition and disposition date, to the Louisiana Bureau of Criminal Identification and Information.

F. Failure to comply with the provisions of this Article shall not constitute grounds for a motion to quash.

Acts 2023, No. 278, §1.
La. Code Civ. Proc. art. 4613 — LA Code / Code code-of-civil-procedure / Article 4613
Attorney's fee in uncontested proceedings
Status: in_force

When there is no contest of the partition proceeding by any defendant, the court shall allow the attorney for the plaintiff a reasonable fee for his services. Except as provided in the second paragraph of this article, the fee shall be taxed as costs of court and paid out of the mass of the funds or the property partitioned, or the proceeds of the latter if sold.

No portion of the fee may be paid out of the share of any party represented in the proceeding by an attorney, whether appointed by the court or selected by the party.
La. Civ. Code art. 1844 — LA Code / Code civil-code / Article 1844
Effects of confirmation and ratification
Status: in_force

The effects of confirmation and ratification are retroactive to the date of the confirmed or ratified obligation. Neither confirmation nor ratification may impair the rights of third persons.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3198 — LA Code / Code civil-code / Article 3198
Costs not taxed in suit.
Status: in_force

Not only has the creditor no privilege for the costs which are not taxed, or which are not included among those mentioned above, but he has no right to demand them even from the debtor.
La. Civ. Code art. 704 — LA Code / Code civil-code / Article 704
Prohibition of light.
Status: in_force

The servitude of prohibition of light is the right of the owner of the dominant estate to prevent his neighbor from making an opening in his own wall for the admission of light or that limits him to certain lights only.

Acts 1977, No. 514, §1.
La. Ch. Code art. 911 — LA Code / Code childrens-code / Article 911
Modification of dispositions while in custody of the Department of Public Safety and Corrections
Status: in_force

A. A motion filed by the Department of Public Safety and Corrections seeking the release of a child from its custody shall be tried contradictorily against the district attorney, unless the district attorney files in the record an affidavit averring no opposition to the motion.

B. A judgment of disposition shall not be modified to release a child from the custody of the Department of Public Safety and Corrections unless three days' prior notice is given to the district attorney and to the Department of Public Safety and Corrections.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2018, No. 321, §1.
La. Ch. Code art. 1666 — LA Code / Code childrens-code / Article 1666
Rulemaking functions of the Interstate Commission
Status: in_force

A. The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

B. Rulemaking shall occur pursuant to the criteria set forth in this Article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedure Act", 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedure act, as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.

C. When promulgating a rule, the Interstate Commission shall, at a minimum do all of the following:

(1) Publish the proposed rule's entire text stating the reason or reasons for that proposed rule.

(2) Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available.

(3) Provide an opportunity for an informal hearing if petitioned by ten or more persons.

(4) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.

D. Allow, not later than sixty days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this Paragraph, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedure Act.

E. If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.

F. The existing rules governing the operation of the Interstate Compact on Juveniles superseded by the enactment of this Chapter shall be null and void twelve months after the first meeting of the Interstate Commission created hereunder.

G. Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than ninety days after the effective date of the emergency rule.

Acts 2003, No. 1185, §1, eff. July 1, 2004.
La. Ch. Code art. 688 — LA Code / Code childrens-code / Article 688
Case review reports; filing
Status: in_force

The custodial agency shall file a case review report with the court or, if appropriate, with the administrative review body ten days prior to every scheduled review hearing. The custodial agency shall also distribute a copy of the report to any court-appointed special advocate (CASA) program involved in the case prior to or at the same time as it is filed with the court or administrative review body.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2001, No. 567, §1.