FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 970 — LA Code / Code code-of-civil-procedure / Article 970
Motion for judgment on offer of judgment
Status: in_force

A. After an opportunity for adequate discovery, but not less than twenty days before the time specified for the trial of the matter, without any admission of liability, any party may serve upon an adverse party an offer of judgment for the purpose of settling all of the claims between them. The offer of judgment shall be in writing and state that it is made under this Article; specify the total amount of money of the settlement offer; and specify whether that amount is inclusive or exclusive of costs, interest, attorney fees, and any other amount which may be awarded pursuant to statute or rule. Unless accepted, an offer of judgment shall remain confidential between the offeror and offeree. If the adverse party, within ten days after service, serves written notice that the offer is accepted, either party may move for judgment on the offer. The court shall grant such judgment on the motion of either party.

B. An offer of judgment not accepted shall be deemed withdrawn and evidence of an offer of judgment shall not be admissible except in a proceeding to determine costs pursuant to this Article.

C. If the final judgment obtained by the plaintiff-offeree is at least twenty-five percent less than the amount of the offer of judgment made by the defendant-offeror, or if the final judgment obtained against the defendant-offeree is at least twenty-five percent greater than the amount of the offer of judgment made by the plaintiff-offeror, or if the final judgment is in favor of the defendant-offeror, the offeree must pay the offeror's costs, exclusive of attorney fees, incurred after the offer was made, as fixed by the court.

D. The fact that an offer is made but not accepted does not preclude a subsequent offer or a counter offer. When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the damages remains to be determined by future proceedings, either party may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than thirty days before the start of hearings to determine the amount or extent of damages.

E. For purposes of comparing the amount of money offered in the offer of judgment to the final judgment obtained, which judgment shall take into account any additur or remittitur, the final judgment obtained shall not include any amounts attributable to costs, interest, or attorney fees, or to any other amount which may be awarded pursuant to statute or rule, unless such amount was expressly included in the offer.

F. A judgment granted on a motion for judgment on an offer of judgment is a final judgment when signed by the judge; however, an appeal cannot be taken by a party who has consented to the judgment.

Acts 1996, 1st Ex. Sess., No. 60, §1, eff. May 9, 1996; Acts 1997, No. 354, §1; Acts 2012, No. 557, §1; Acts 2024, No. 502, §1.
La. Civ. Code art. 787 — LA Code / Code civil-code / Article 787
Lessee may compel lessor.
Status: in_force

When necessary to protect his interest, a lessee may compel the lessor to fix the boundary of the land subject to the lease.

Acts 1977, No. 169, §1.
La. Code Crim. Proc. art. 16 — LA Code / Code code-of-criminal-procedure / Article 16
Jurisdiction and powers of courts
Status: in_force

Courts have the jurisdiction and powers over criminal proceedings that are conferred upon them by the constitution and statutes of this state, except as their statutory jurisdiction and powers are restricted, enlarged, or modified by the provisions of this Code.
La. Code Crim. Proc. art. 914 — LA Code / Code code-of-criminal-procedure / Article 914
Method and time of appeal
Status: in_force

A. A motion for an appeal may be made orally in open court or by filing a written motion with the clerk. The motion shall be entered in the minutes of the court.

B. The motion for an appeal must be made no later than:

(1) Thirty days after the rendition of the judgment or ruling from which the appeal is taken.

(2) Thirty days from the ruling on a motion to reconsider sentence filed pursuant to Article 881.1, should such a motion be filed.

Amended by Acts 1982, No. 143, §1. Acts 1993, No. 490, §1, eff. June 10, 1993; Acts 2003, No. 949, §1.
La. Code Civ. Proc. art. 4925 — LA Code / Code code-of-civil-procedure / Article 4925
Delay for appeal; justice of the peace courts; district courts with concurrent jurisdiction
Status: in_force

A. The appellant from a judgment rendered by a justice of the peace court or the clerk of court shall file suit for a trial de novo in the district court or the parish court within fifteen days from the date of the judgment or from the service of notice of judgment, when such notice is necessary. A copy of the suit for trial de novo shall be provided to all parties or their attorney of record. A copy of either the notice of suit for trial de novo or the suit pleadings shall also be provided to the justice of the peace court whose judgment is being appealed. The rules of the district court or parish court shall thereafter apply.

B. When an application for new trial is timely filed, however, the delay for appeal commences on the day after the motion is denied, or from service of notice of the order denying a new trial, when such notice is necessary.

Acts 1986, No. 156, §1; Acts 2015, No. 424, §1.
La. Code Crim. Proc. art. 349.2 — LA Code / Code code-of-criminal-procedure / Article 349.2
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2010, No. 710, §2; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Civ. Code art. 1543 — LA Code / Code civil-code / Article 1543
Manual gift
Status: in_force

The donation inter vivos of a corporeal movable may also be made by delivery of the thing to the donee without any other formality.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Code Crim. Proc. art. 163.2 — LA Code / Code code-of-criminal-procedure / Article 163.2
Search warrant for medical records
Status: in_force

A. A judge may issue a search warrant authorizing the search for and seizure of the medical records of any person.

B. The warrant may be issued by a judge of either the court of territorial jurisdiction where the investigation for the medical records is being conducted or the court of territorial jurisdiction where the custodian of the medical records may be found. The warrant may be executed in any place the medical records may be found and shall be directed to any peace officer who shall obtain and distribute the medical records as directed in the warrant.

C. A warrant issued pursuant to this Article remains in effect for one hundred eighty days after its issuance.

D.(1) Any examination of any medical records seized pursuant to the provisions of this Article shall be at the direction of the attorney general, the district attorney, or the investigating agency.

(2) Notwithstanding any other provision of law to the contrary, any examination of the medical records may be conducted at any time before or during the pendency of any criminal proceeding in which the medical records may be used as evidence.

Acts 2022, No. 384, §1.
La. Civ. Code art. 1188 — LA Code / Code civil-code / Article 1188
Unpaid new creditors' action against paid creditors; prescription.
Status: in_force

If, after the creditors of the succession have been paid by the curator, in conformity with the dispositions of the preceding articles, creditors present themselves, who have not made themselves known before, and if there does not remain in the hands of the curator a sum sufficient to pay what is due them, in whole or in part, these creditors have an action against those who have been paid, to compel them to refund the proportion they are bound to contribute, in order to give the new creditors a part equal to that which they would have received, had they presented themselves at the time of the payment of the debts of the succession.

But this action on the part of the creditors who have not been paid, against the creditors who have been, is prescribed by the lapse of three years, counting from the date of the order or judgment, in virtue of which the payment has been made.

In all these cases, the creditors who have thus presented themselves can in no manner disturb the curator on account of the payments he has made under the authorization of the judge, as before stated.
La. Code Civ. Proc. art. 1573 — LA Code / Code code-of-civil-procedure / Article 1573
Assignment of trials; preference; terminally ill
Status: in_force

The court shall give preference in scheduling upon the motion of any party to the action who presents to the court documentation to establish that the party has reached the age of seventy years or who presents to the court medical documentation that the party suffers from an illness or condition because of which he is not likely to survive beyond six months, if the court finds that the interests of justice will be served by granting such preference.

Acts 1990, No. 106, §1.
La. Ch. Code art. 692 — LA Code / Code childrens-code / Article 692
Case review hearings
Status: in_force

A. A review hearing shall be conducted by the court or administrative review body three months after the disposition hearing if the child was removed prior to disposition or within six months after the disposition hearing if the child was removed at disposition, but in no case more than six months after removal of the child from his parent(s).

B. Case reviews shall continue to be held at least once every six months thereafter until the child is permanently placed, or earlier upon the motion of a party for good cause shown or upon the court's own motion.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 2435 — LA Code / Code civil-code / Article 2435
Deduction of legacy.
Status: in_force

A legacy left by the deceased to the surviving spouse and payments due to him as a result of the death are deducted from the marital portion.

Acts 1979, No. 710, §1.
La. Civ. Code art. 802 — LA Code / Code civil-code / Article 802
Right to use the thing
Status: in_force

Except as otherwise provided in Article 801, a co-owner is entitled to use the thing held in indivision according to its destination, but he cannot prevent another co-owner from making such use of it. As against third persons, a co-owner has the right to use and enjoy the thing as if he were the sole owner.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Ch. Code art. 775 — LA Code / Code childrens-code / Article 775
Notice of predisposition report and examination
Status: in_force

A. Prior to or during the disposition hearing, the court shall advise the child and his caretaker of the factual contents and the conclusions of the predisposition report authorized by Article 773 and any other reports considered by the court.

B. If the court has ordered a mental examination of the child or his caretaker pursuant to Article 774, the court, prior to the disposition hearing, shall provide the counsel for the child and caretaker with copies of reports submitted in connection with such mental examination.

C. The court shall afford the child and his caretaker fair opportunity to controvert factual contents and conclusions disclosed pursuant to Paragraphs A and B of this Article.

D. A copy of any reports relevant to the dispositional plan of services shall also be provided to any agency named in the disposition order as having responsibility to provide services to the child or his caretaker.

Acts 1991, No. 235, §7.
La. Civ. Code art. 2601 — LA Code / Code civil-code / Article 2601
Additional terms in acceptance of offer to sell a movable
Status: in_force

An expression of acceptance of an offer to sell a movable thing suffices to form a contract of sale if there is agreement on the thing and the price, even though the acceptance contains terms additional to, or different from, the terms of the offer, unless acceptance is made conditional on the offeror's acceptance of the additional or different terms. Where the acceptance is not so conditioned, the additional or different terms are regarded as proposals for modification and must be accepted by the offeror in order to become a part of the contract.

Between merchants, however, additional terms become part of the contract unless they alter the offer materially, or the offer expressly limits the acceptance to the terms of the offer, or the offeree is notified of the offeror's objection to the additional terms within a reasonable time, in all of which cases the additional terms do not become a part of the contract. Additional terms alter the offer materially when their nature is such that it must be presumed that the offeror would not have contracted on those terms.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 704 — LA Code / Code childrens-code / Article 704
Notice; absent parents
Status: in_force

A. The court shall permit a permanency hearing to be held in the absence of a parent if it is established on the record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.

B. If reunification with the absent parent is the case plan goal, the department shall make continuing diligent efforts to locate the absent parent and notify him of the nature and outcome of the dispositional review hearing and shall promptly inform the court of any known or discovered address. Otherwise, the department shall promptly inform the court of any new address of an absent parent that becomes known through the case planning process.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1.
La. Ch. Code art. 1545 — LA Code / Code childrens-code / Article 1545
Necessary consent; parents; judicial authorization
Status: in_force

A. An officiant may not perform a marriage ceremony in which a minor sixteen or seventeen is a party unless the minor has judicial authorization and the written consent to marry of either:

(1) Both of his parents.

(2) The tutor of his person.

(3) A person who has been awarded custody of the minor.

B. No marriage ceremony shall be performed for a minor under the age of sixteen.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2019, No. 401, §3.
La. Ch. Code art. 1420 — LA Code / Code childrens-code / Article 1420
Admission by emergency certificate; extension
Status: in_force

A. A minor with mental illness or a minor suffering from substance abuse may be admitted and detained at a treatment facility for observation, diagnosis, and treatment for a period not to exceed fifteen days under an emergency certificate.

B. A minor suffering from substance abuse may be detained at a treatment facility for one additional period, not to exceed fifteen days, provided that a second emergency certificate is executed. A second certificate may be executed only if and when a physician at the treatment facility and any other physician have examined the detained minor within seventy-two hours prior to the termination of the initial fifteen-day period and certified in writing on the second certificate that the minor remains dangerous to himself or others or gravely disabled, and that his condition is likely to improve during the extended period. The director shall inform the minor patient of the execution of the second certificate, the length of the extended period, and the specific reasons therefor, and shall also give notice of the same to the minor's nearest relative or other designated responsible party initially notified pursuant to Article 1428.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
La. Code Crim. Proc. art. 441 — LA Code / Code code-of-criminal-procedure / Article 441
Administration of oath to other persons
Status: in_force

Before being permitted to function in their respective capacities, the court shall administer an oath, to persons employed to record and transcribe the testimony and proceedings, and to interpreters, to faithfully perform their duties and keep secret the grand jury proceedings.
La. Code Crim. Proc. art. 681 — LA Code / Code code-of-criminal-procedure / Article 681
Procedure for recusation of district attorney
Status: in_force

A district attorney may recuse himself, whether a motion for his recusation has been filed or not, in any case in which a ground for recusation exists. A motion to recuse the district attorney shall be in writing and shall set forth the grounds therefor. The motion shall be filed in accordance with Article 521, and shall be tried in a contradictory hearing. If a ground for recusation is established the judge shall recuse the district attorney.

Amended by Acts 1978, No. 735, §2.
La. Civ. Code art. 2568 — LA Code / Code civil-code / Article 2568
Limitation on duration
Status: in_force

The right of redemption may not be reserved for more than ten years when the thing sold is immovable, or more than five years when the thing sold is movable. If a longer time for redemption has been stipulated in the contract that time must be reduced to either ten or five years, depending on the nature of the thing sold.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 1114 — LA Code / Code code-of-civil-procedure / Article 1114
Service of citation and pleadings
Status: in_force

A citation and a certified copy of the third party petition shall be served on the third party defendant in the manner prescribed by Articles 1231 through 1293. Unless previously served on or filed by the third party defendant, certified copies of the following pleadings shall also be served on him in the same manner: the petition in the principal demand; the petition in the reconventional demand, if any; and the answers to the principal and reconventional demands filed prior to the issuance of citation in the third party action.

Amended by Acts 1964, No. 4, §1.
La. Ch. Code art. 1107.6 — LA Code / Code childrens-code / Article 1107.6
Failure to file timely objection to adoption; termination of parental rights
Status: in_force

A. To preserve his right to oppose a subsequent adoption, the alleged or adjudicated father shall file an objection, in accordance with Article 1107.8, within fifteen days of service of the notice of intent to surrender for adoption, or, if the child has not yet been born, within five days of the birth of the child, whichever is earlier.

B. If the father fails to file a timely objection, he shall be deemed to have waived notice of the filing and service of any pleading in any subsequent surrender or adoption proceeding and to have no cause of action to challenge the child's adoption.

C. The court shall, upon motion, render an order terminating the parental rights of both parents if:

(1) A motion for hearing to determine the father's rights or a surrender by the mother is filed within ninety days of the filing of the intent to surrender.

(2) The surrender is filed in court in accordance with Article 1131.

(3) In accordance with Article 1131(C), the court finds that the surrender meets the requirements of this Title.

Acts 2003, No. 564, §1.
La. Code Civ. Proc. art. 195.1 — LA Code / Code code-of-civil-procedure / Article 195.1
Judicial proceedings by remote technology
Status: in_force

A. In any civil proceeding that does not require witness testimony or the introduction of evidence, a party may provide written notice to the court at least ten days prior to the scheduled hearing date that the party will appear remotely. Provided the court has the requisite technology, the court shall allow the party to appear by any audio-visual means, unless the court provides written reasons declining the remote appearance for good cause.

B.(1) When allowing a remote appearance pursuant to this Article, the court shall ensure that the technology enables all parties, whether appearing remotely or in person, to fully participate.

(2) The court shall require that a remote appearance by a party abide by any necessary privacy and security requirements appropriate for the conference, hearing, proceeding, or trial as established by the court.

C. The court shall have a process for a party, court reporter, or other court personnel to alert of any technology or audibility issues arising during a remote proceeding.

D. A judge trial may be conducted by any audio-visual means with the consent of all parties and permission of the court.

Acts 2022, No. 372, §1; Acts 2024, No. 463, §1.
La. Code Civ. Proc. art. 532 — LA Code / Code code-of-civil-procedure / Article 532
Motions to stay in suits pending in Louisiana and federal or foreign court
Status: in_force

When a suit is brought in a Louisiana court while another is pending in a court of another state or of the United States on the same transaction or occurrence, between the same parties in the same capacities, on motion of the defendant or on its own motion, the court may stay all proceedings in the second suit until the first has been discontinued or final judgment has been rendered.

Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 2017, No. 419, §1.
La. Code Crim. Proc. art. 808 — LA Code / Code code-of-criminal-procedure / Article 808
Manner of giving further charges after jury retires
Status: in_force

If the jury or any member thereof, after having retired to deliberate upon the verdict, desires further charges, the officer in charge shall bring the jury into the courtroom, and the court shall in the presence of the defendant, his counsel, and the district attorney, further charge the jury. The further charge may be verbal, but shall be in writing if requested by any juror. No charge shall be reduced to writing at the request of a juror pursuant to this Article unless consent is obtained from both the defendant and the state in open court but not within the presence of the jury. The lack of consent by either the defendant or the state shall not be communicated to the jury. A copy of the court's written charge shall be delivered to the defendant, the state, and the jury.

Acts 2001, No. 310, §1.
La. Code Crim. Proc. art. 577 — LA Code / Code code-of-criminal-procedure / Article 577
Pleading of limitation; burden of proof
Status: in_force

The issue that a prosecution was not timely instituted may be raised at any time, but only once, and shall be tried by the court alone. If raised during the trial, a hearing thereon may be deferred until the end of the trial.

The state shall not be required to allege facts showing that the time limitation has not expired, but when the issue is raised, the state has the burden of proving the facts necessary to show that the prosecution was timely instituted.
La. Civ. Code art. 1800 — LA Code / Code civil-code / Article 1800
Solidary liability for damages
Status: in_force

A failure to perform a solidary obligation through the fault of one obligor renders all the obligors solidarily liable for the resulting damages. In that case, the obligors not at fault have their remedy against the obligor at fault.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.