FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1208 — LA Code / Code childrens-code / Article 1208
Hearing; petition for agency adoption
Status: in_force

A. The court shall sign the order setting the time and place for the hearing of the petition for agency adoption not less than thirty nor more than sixty days after the filing of the adoption petition. The court may extend this time for up to sixty additional days 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. If an extension of time is granted, the court shall set a new hearing date and shall require the petitioner to report to the court, either at that hearing, or before, in detail concerning the progress of the child's adoptive placement.

B. At this hearing the court shall consider:

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

(2) Any other issues in dispute.

(3) The confidential report of the department.

(4) The report of any criminal records concerning the petitioner, including the nature of the offenses, the number of offenses, and the length of time between the offenses and between the last offense committed and the petition for agency adoption. The existence of a criminal record of the petitioner shall not be automatic grounds for the court to refuse to grant an agency adoption.

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

(6) 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.

D. If not previously determined by the court in a separate hearing, the court shall also determine whether any proposed continuing contact agreement involving a child in the custody of the department is in the best interest of the child in accordance with Article 1269.5.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2013, No. 187, §1.
La. Ch. Code art. 1002 — LA Code / Code childrens-code / Article 1002
General applicability
Status: in_force

Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 1814 — LA Code / Code code-of-civil-procedure / Article 1814
Remittitur or additur as alternative to new trial; reformation of verdict
Status: in_force

If the trial court is of the opinion that the verdict is so excessive or inadequate that a new trial should be granted for that reason only, it may indicate to the party or his attorney within what time he may enter a remittitur or additur. This remittitur or additur is to be entered only with the consent of the plaintiff or the defendant as the case may be, as an alternative to a new trial, and is to be entered only if the issue of quantum is clearly and fairly separable from other issues in the case. If a remittitur or additur is entered, then the court shall reform the jury verdict or judgment in accordance therewith.

Added by Acts 1989, No. 173, §1.
La. Civ. Code art. 187 — LA Code / Code civil-code / Article 187
Disavowal action; proof
Status: in_force

The husband may disavow paternity of the child by clear and convincing evidence that he is not the father. The testimony of the husband shall be corroborated by other evidence.

Amended by Acts 1976, No. 430, §1; Acts 1989, No. 790, §1; Acts 2005, No. 192, §1, eff. June 29, 2005.
La. Code Civ. Proc. art. 3381 — LA Code / Code code-of-civil-procedure / Article 3381
Judgment of possession
Status: in_force

A judgment of possession shall be rendered and signed as provided in Article 3061. The judgment shall be rendered and signed only after a hearing contradictory with the succession representative, unless he joins in the petition, in which event the judgment shall be rendered and signed immediately.
La. Civ. Code art. 1727 — LA Code / Code civil-code / Article 1727
Testamentary partitions, formalities.
Status: in_force

Those made by testament must be made in the forms prescribed for acts of that kind, and are subject to the same rules.
La. Civ. Code art. 493 — LA Code / Code civil-code / Article 493
Ownership of improvements
Status: in_force

Buildings, other constructions permanently attached to the ground, and plantings made on the land of another with his consent belong to him who made them. They belong to the owner of the ground when they are made without his consent.

When the owner of buildings, other constructions permanently attached to the ground, or plantings no longer has the right to keep them on the land of another, he may remove them subject to his obligation to restore the property to its former condition. If he does not remove them within ninety days after written demand, the owner of the land may, after the ninetieth day from the date of mailing the written demand, appropriate ownership of the improvements by providing an additional written notice by certified mail, and upon receipt of the certified mail by the owner of the improvements, the owner of the land obtains ownership of the improvements and owes nothing to the owner of the improvements. Until such time as the owner of the land appropriates the improvements, the improvements shall remain the property of he who made them and he shall be solely responsible for any harm caused by the improvements.

When buildings, other constructions permanently attached to the ground, or plantings are made on the separate property of a spouse with community assets or with separate assets of the other spouse and when such improvements are made on community property with the separate assets of a spouse, this Article does not apply. The rights of the spouses are governed by Articles 2366, 2367, and 2367.1.

Acts 1984, No. 933, §1; Acts 2003, No. 715, §1.

NOTE: See HCR No 306, 2004 R.S., relative to retroactive effects.
La. Ch. Code art. 891 — LA Code / Code childrens-code / Article 891
Disclosure of predisposition report
Status: in_force

A. Copies of the predisposition report shall be made available to the district attorney and counsel for the child at least three days in advance of any scheduled disposition hearing. Such period may be extended for good cause.

B. The court may order that the predisposition report be edited to protect the identity of confidential sources or to exclude the recommendations of the probation officer. In addition, the court may caution the district attorney or counsel for the child not to disclose any such information contained within the report which may prove harmful to the child.

C. If the child is unrepresented by counsel, the court shall disclose to the child the factual contents of the predisposition report.

D. After August 15, 1993, and within thirty days after receiving a predisposition report, the sentencing court shall order the release of any portion of a predisposition report containing and limited to the instant arrest, conviction, adjudication, or disposition of a child in grades nine through twelve, who is arrested, charged, or adjudicated a delinquent for committing a felony-grade delinquent act or a misdemeanor-grade delinquent act involving distribution or possession with intent to distribute a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law, to the principal of the school in which the child is registered and enrolled or registered and enrolled but suspended.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1993, No. 840, §1.
La. Code Civ. Proc. art. 461 — LA Code / Code code-of-civil-procedure / Article 461
Cumulation of actions defined
Status: in_force

Cumulation of actions is the joinder of separate actions in the same judicial demand, whether by a single plaintiff against a single defendant, or by one or more plaintiffs against one or more defendants.
La. Civ. Code art. 3000 — LA Code / Code civil-code / Article 3000
Mandatary of both parties
Status: in_force

A person may be the mandatary of two or more parties, such as a buyer and a seller, for the purpose of transacting one or more affairs involving all of them. In such a case, the mandatary must disclose to each party that he also represents the other.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Civ. Proc. art. 2642 — LA Code / Code code-of-civil-procedure / Article 2642
Assertion of defenses; appeal
Status: in_force

A. Defenses and procedural objections to an executory proceeding may be asserted either through an injunction proceeding to arrest the seizure and sale as provided in Articles 2751 through 2754, or a suspensive appeal from the order directing the issuance of the writ of seizure and sale, or both.

B. A suspensive appeal from an order directing the issuance of a writ of seizure and sale shall be taken within fifteen days of service of the notice of seizure as provided in Article 2721. The appeal is governed by the provisions of Articles 2081 through 2086, 2088 through 2122, and 2124 through 2167, except that the security therefor shall be for an amount exceeding by one-half the balance due on the debt secured by the mortgage or privilege sought to be enforced, including principal, interest to date of the order of appeal, and attorney fees, but exclusive of court costs.

Amended by Acts 1964, No. 4, §1; Acts 2016, No. 132, §1.
La. Code Crim. Proc. art. 770 — LA Code / Code code-of-criminal-procedure / Article 770
Prejudicial remarks; basis of mistrial
Status: in_force

Upon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial or in argument, refers directly or indirectly to:

(1) Race, religion, color or national origin, if the remark or comment is not material and relevant and might create prejudice against the defendant in the mind of the jury;

(2) Another crime committed or alleged to have been committed by the defendant as to which evidence is not admissible;

(3) The failure of the defendant to testify in his own defense; or

(4) The refusal of the judge to direct a verdict.

An admonition to the jury to disregard the remark or comment shall not be sufficient to prevent a mistrial. If the defendant, however, requests that only an admonition be given, the court shall admonish the jury to disregard the remark or comment but shall not declare a mistrial.
La. Code Civ. Proc. art. 4541 — LA Code / Code code-of-civil-procedure / Article 4541
Petition for interdiction
Status: in_force

A. Any person may petition for the interdiction of a natural person of the age of majority or an emancipated minor. The petitioner shall verify the petition and, to the extent known, shall set forth the following with particularity:

(1) The name, domicile, age, and current address of the petitioner and his relationship to the defendant.

(2) The name, domicile, age, and current address of the defendant and the place the petitioner proposes the defendant will reside if the relief sought in the petition is awarded.

(3) The reasons why interdiction is necessary, including a brief description of the nature and extent of the alleged infirmities of the defendant.

(4) If full interdiction is requested, the reasons why limited interdiction is inappropriate.

(5) If limited interdiction is requested, the capacity sought to be removed from the limited interdict, and the powers sought to be conferred upon the limited curator.

(6) The name and address of the spouse of the defendant.

(7) The name and address of the adult children of the defendant or, if he has none, of his parents and siblings or, if he has none, of his nearest adult relative.

(8) The name and address of any legal representative of the defendant.

(9) The name and address of any person previously designated as curator by the defendant in a writing signed by the defendant.

(10) The name, domicile, age, education, and current address of the proposed curator, and the reasons why the proposed curator should be appointed.

(11) A description with particularity of the petitioner's efforts to use less restrictive means before seeking interdiction, including all of the following:

(a) The less restrictive means for meeting the defendant's needs that were considered or implemented.

(b) If a less restrictive means was not considered or implemented, the reason that the less restrictive means was not considered or implemented.

(c) The reason a less restrictive means is insufficient to meet the needs of the defendant.

B. The petitioner shall make a reasonable effort to obtain the information required by this Article.

Amended by Acts 1961, No. 23, §1; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2; Acts 2020, No. 258, §1.
La. Ch. Code art. 681 — LA Code / Code childrens-code / Article 681
Dispositional alternatives
Status: in_force

A. In a case in which a child has been adjudicated to be in need of care, the health, welfare, and safety of the child shall be the paramount concern. If the child can safely remain in or return to the custody of the parent, the court shall place the child in the custody of the parent under terms and conditions deemed to be in the best interest of the child, including but not limited to the issuance of a protective order pursuant to Article 618 or a safety plan order. If the child cannot safely remain in or return to the custody of the parent, the court may do any of the following:

(1) Order the child into the legal custody of a suitable relative or other suitable individual on terms and conditions deemed to be in the best interest of the child, including but not limited to the issuance of a protective order pursuant to Article 618.

(2) Place the child in the custody of a private or public institution or agency.

(3) Commit a child found to have a mental illness to a public or private institution for persons with mental illness.

(4) Grant guardianship of the child to a nonparent.

(5) Make such other disposition or combination of the above dispositions as the court deems to be in the best interest of the child.

B. A child in need of care shall not be committed to the Department of Public Safety and Corrections, nor shall such department accept a child in need of care.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2011, No. 128, §1; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2022, No. 272, §1.
La. Civ. Code art. 3542 — LA Code / Code civil-code / Article 3542
General rule
Status: in_force

Except as otherwise provided in this Title, an issue of delictual or quasi-delictual obligations is governed by the law of the state whose policies would be most seriously impaired if its law were not applied to that issue.

That state is determined by evaluating the strength and pertinence of the relevant policies of the involved states in the light of: (1) the pertinent contacts of each state to the parties and the events giving rise to the dispute, including the place of conduct and injury, the domicile, habitual residence, or place of business of the parties, and the state in which the relationship, if any, between the parties was centered; and (2) the policies referred to in Article 3515, as well as the policies of deterring wrongful conduct and of repairing the consequences of injurious acts.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 623 — LA Code / Code code-of-criminal-procedure / Article 623
Change granted; transfer
Status: in_force

When a change of venue is granted, the court shall transfer the case to another parish.
La. Civ. Code art. 1097 — LA Code / Code civil-code / Article 1097
Vacant succession; administration by administrators.
Status: in_force

Vacant successions are administered by legal representatives known as administrators of vacant successions.

Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.
La. Code Civ. Proc. art. 3192 — LA Code / Code code-of-civil-procedure / Article 3192
Duties and powers of multiple representatives
Status: in_force

If there are several succession representatives, all action by them shall be taken jointly, unless:

(1) The testator has provided otherwise; or

(2) The representatives have filed in the record a written authorization to a single representative to act for all.
La. Ch. Code art. 303 — LA Code / Code childrens-code / Article 303
Exclusive jurisdiction over children, youth, and minors; exceptions
Status: in_force

A court exercising juvenile jurisdiction shall have exclusive original jurisdiction over:

(1) Delinquency proceedings pursuant to Title VIII, except when a child either:

(a) Is subject to the jurisdiction of the criminal courts for prosecution and liability as an adult pursuant to Chapter 4 of this Title.

(b) Has been transferred by the juvenile court for criminal prosecution and liability as an adult pursuant to Chapter 11 of Title VIII.

(2) Child in need of care proceedings pursuant to Title VI.

(3) Families in need of services proceedings pursuant to Title VII.

(4) Traffic proceedings pursuant to Title IX.

(5) Involuntary termination of parental rights proceedings pursuant to Title X.

(6) Voluntary termination of parental rights proceedings pursuant to Title XI.

(7) Adoption proceedings pursuant to Title XI or XII.

(8) Mental health proceedings pursuant to Title XIV.

(9) Any special proceeding authorized by Title XV, except domestic abuse assistance proceedings brought in a district court pursuant to R.S. 46:2131 et seq.

(10) Any proceeding necessary to implement the provisions of interstate compacts affecting children pursuant to Title XVI.

(11) Such other jurisdiction over children as may be provided by law.

(12) Extended foster care proceedings as provided for by R.S. 46:288.1 et seq., to review the written report and make a determination whether it is in the youth's best interest to continue in extended foster care in a voluntary placement. For purposes of this Subparagraph, "youth" shall have the same meaning as provided in R.S. 46:288.2.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2001, No. 567, §1; Acts 2019, No. 400, §1, eff. June 19, 2019.
La. Ch. Code art. 1419 — LA Code / Code childrens-code / Article 1419
Immunity
Status: in_force

A. Any licensed physician exercising that degree of skill and care ordinarily employed under similar circumstances by members of his profession in good standing in the same community or locality and using reasonable care and diligence with his best judgment in the application of his skill, shall not be held civilly liable or subject to criminal prosecution for acts arising from his medical opinions, judgments, actions, or duties pursuant to any of the provisions of this Title.

B. Any person who acts in good faith to assist in the apprehension or taking into protective custody and examination of a minor patient will not be subject to civil or criminal penalties. However, a person who willfully advises or participates in the making of a false application or certificate shall be imprisoned with or without hard labor for not more than two years or fined not more than ten thousand dollars, or both.

C. Any apprehension or taking into protective custody and confinement made by law enforcement officers, ordered by a court or upon the certificate of a physician under the procedures provided in this Title, is hereby declared to be an administrative act relative to the functions of their office, as required by law, and for which act they are specifically granted personal immunity, but not thereby relieved of their official responsibilities.

D. Coroners and assistant coroners who act in good faith to order persons to be taken into protective custody and transported for examination in accordance with Article 1432 shall not be civilly liable for damages to such persons resulting from those actions.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Civ. Code art. 117 — LA Code / Code civil-code / Article 117
Peremptive period for obligation
Status: in_force

The right to claim after divorce the obligation of spousal support is subject to a peremption of three years. Peremption begins to run from the latest of the following events:

(1) The day the judgment of divorce is signed.

(2) The day a judgment terminating a previous judgment of spousal support is signed, if the previous judgment was signed in an action commenced either before the signing of the judgment of divorce or within three years thereafter.

(3) The day of the last payment made, when the spousal support obligation is initially performed by voluntary payment within the periods described in Paragraph (1) or (2) and no more than three years has elapsed between payments.

Acts 1997, No. 1078, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 1400 — LA Code / Code civil-code / Article 1400
Provisional partitions involving minors, interdicts, or absent persons
Status: in_force

But if these formalities have not been fulfilled, as the partition is only considered as provisional, it is not necessary to sue for the rescission of it, but a new partition may be demanded for the least lesion, which the minor, person interdicted, or absent person, may have suffered.

Acts 1991, No. 107, §1.
La. Civ. Code art. 1482 — LA Code / Code civil-code / Article 1482
Proof of incapacity to donate
Status: in_force

A. A person who challenges the capacity of a donor must prove by clear and convincing evidence that the donor lacked capacity at the time the donor made the donation inter vivos or executed the testament.

B. A full interdict lacks capacity to make or revoke a donation inter vivos or disposition mortis causa .

C. A limited interdict, with respect to property under the authority of the curator, lacks capacity to make or revoke a donation inter vivos and is presumed to lack capacity to make or revoke a disposition mortis causa . With respect to his other property, the limited interdict is presumed to have capacity to make or revoke a donation inter vivos or disposition mortis causa . These presumptions may be rebutted by a preponderance of the evidence.

Acts 1991, No. 363, §1; Acts 2000, 1st Ex. Sess., No. 25, §2, eff. July 1, 2001; Acts 2001, No. 509, §2, eff. June 1, 2001; Acts 2003, No. 1008, §1.
La. Code Civ. Proc. art. 2298 — LA Code / Code code-of-civil-procedure / Article 2298
Injunction prohibiting sale; damages
Status: in_force

A. Injunctive relief prohibiting the sheriff from proceeding with the sale of property seized under a writ of fieri facias shall be granted to the judgment debtor or to a third person claiming ownership of the seized property:

(1) When the sheriff is proceeding with the execution contrary to law.

(2) When, subsequent to the judgment, payment has been made, compensation has taken place against the judgment, or the judgment has been otherwise extinguished. If the payment, compensation, or extinguishment is for a part of the judgment, the injunction shall be granted to that extent, and the execution shall continue for the amount of the excess.

(3) When the judgment is for the payment of the purchase price of property sold to the judgment debtor and a suit for recovery of the property has been filed by an adverse claimant.

(4) When the judgment sought to be executed is absolutely null.

B. In the event that injunctive relief is granted to the judgment debtor or third party claiming ownership of the seized property, if the court finds the seizure to be wrongful, it may allow damages. Attorney fees for the services rendered in connection with the injunction may be included as an element of the damages.

Amended by Acts 1981, No. 301, §1; Acts 2024, No. 371, §1.