FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3396.15 — LA Code / Code code-of-civil-procedure / Article 3396.15
Rights, powers, and duties; performance without court authority
Status: in_force

Except as expressly provided otherwise in this Chapter, an independent administrator shall have all the rights, powers, authorities, privileges, and duties of a succession representative provided in Chapters 4 through 12 of this Title, but without the necessity of delay for objection, or application to, or any action in or by, the court.

Acts 2001, No. 974, §1.
La. Code Civ. Proc. art. 5054 — LA Code / Code code-of-civil-procedure / Article 5054
Clerical and typographical errors disregarded
Status: in_force

Clerical and typographical errors in this Code shall be disregarded when the legislative intent is clear.
La. Civ. Code art. 3067 — LA Code / Code civil-code / Article 3067
Permissible variations
Status: in_force

A surety is not liable for a sum in excess of that expressly stated in his contract. A legal suretyship may contain terms more favorable to the creditor than those required by the law or order pursuant to which it is given, but it may not provide for a time longer than is provided by law for bringing an action against the surety.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 681 — LA Code / Code civil-code / Article 681
Civil Code 681
Status: in_force

Art 681. Opening in common wall.

The co-owner of a common wall may not make any opening in the wall without the consent of his neighbor.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 644.1 — LA Code / Code code-of-criminal-procedure / Article 644.1
Sanity proceedings for juvenile defendants transferred to criminal court
Status: in_force

A. Any juvenile transferred for criminal trial in accordance with Articles 305 and 857 of the Children's Code may seek a special sanity hearing which shall be conducted in accordance with Articles 833 through 836 of the Children's Code.

B. The determination of the juvenile's capacity or incapacity to proceed to trial shall be governed by the provisions of Articles 837 and 838 of the Children's Code. In all other cases, the provisions of Code of Criminal Procedure Articles 648 through 649.1 shall govern the determination of capacity or incapacity to proceed to trial.

Acts 2006, No. 308, §1; Acts 2012, No. 698, §2.
La. Civ. Code art. 2011 — LA Code / Code civil-code / Article 2011
Benefit from partial performance
Status: in_force

Stipulated damages for nonperformance may be reduced in proportion to the benefit derived by the obligee from any partial performance rendered by the obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1305.7 — LA Code / Code childrens-code / Article 1305.7
Administrative enforcement of orders
Status: in_force

A. A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.

B. Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this Chapter.

Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 4563 — LA Code / Code code-of-civil-procedure / Article 4563
Inventory and security
Status: in_force

A. The person appointed as the curator shall furnish security conditioned on the faithful discharge of his duties. The rules provided in Articles 4101 through 4102, 4131 through 4133, and 4136 apply to curatorship of interdicts. Provisions establishing special rules for natural tutors and parents shall not apply in the context of interdiction and curatorship.

B. A detailed descriptive list, sworn to and subscribed by the applicant setting forth the fair market value of each item of property of the interdict, shall be permitted in lieu of an inventory in interdiction matters, unless otherwise ordered by the court.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2000.
La. Ch. Code art. 883 — LA Code / Code childrens-code / Article 883
Burden of proof
Status: in_force

In order for the court to adjudicate a child delinquent, the state must prove beyond a reasonable doubt that the child committed a delinquent act alleged in the petition.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 698 — LA Code / Code civil-code / Article 698
Property susceptible of servitudes.
Status: in_force

Predial servitudes are established on, or for the benefit of, distinct corporeal immovables.

Acts 1977, No. 514, §1.
La. Civ. Code art. 2010 — LA Code / Code civil-code / Article 2010
Obligor put in default
Status: in_force

An obligee may not avail himself of a clause stipulating damages for delay unless the obligor has been put in default.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 700 — LA Code / Code civil-code / Article 700
Servitude of support.
Status: in_force

The servitude of support is the right by which buildings or other constructions of the dominant estate are permitted to rest on a wall of the servient estate.

Unless the title provides otherwise, the owner of the servient estate is bound to keep the wall fit for the exercise of the servitude, but he may be relieved of this charge by abandoning the wall.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 931 — LA Code / Code code-of-criminal-procedure / Article 931
Courts, judges, and magistrates
Status: in_force

Except where the context clearly indicates otherwise, as used in this Code:

(1) "Court" means a court with criminal jurisdiction or its judge. It does not include a mayor's court or a justice of the peace.

(2) "City court" means a city, town, village, or other municipal court, with criminal jurisdiction. It does not include a mayor's court or a justice of the peace.

(3) "Judge" means a judge of a court, as defined in this article.

(4) "Magistrate" means any judge, a justice of the peace, or a mayor of a mayor's court.
La. Civ. Code art. 2482 — LA Code / Code civil-code / Article 2482
Things not in possession of seller
Status: in_force

When at the time of the sale the seller is not in possession of the thing sold he must obtain possession at his cost and deliver the thing to the buyer.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 521 — LA Code / Code code-of-criminal-procedure / Article 521
Time for filing of pretrial motions
Status: in_force

A. Pretrial motions shall be made or filed within thirty days after receipt of initial discovery, unless a different time is provided by law or fixed by the court upon a showing of good cause why thirty days is inadequate.

B. Upon written motion at any time and a showing of good cause, the court shall allow additional time to file pretrial motions.

C. If by pretrial motion the state or the defendant requests discovery or disclosure of evidence favorable to the defendant, then the court shall fix a time by which the state or the defendant shall respond to the motion.

Added by Acts 1978, No. 735, §1; Amended by Acts 1981, No. 440, §1; Acts 2012, No. 842, §1; Acts 2020, No. 252, §1.
La. Civ. Code art. 2315.7 — LA Code / Code civil-code / Article 2315.7
Liability for damages caused by criminal sexual activity occurring during childhood
Status: in_force

In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton and reckless disregard for the rights and safety of the person through criminal sexual activity which occurred when the victim was seventeen years old or younger, regardless of whether the defendant was prosecuted for his or her acts. The provisions of this Article shall be applicable only to the perpetrator of the criminal sexual activity.

Acts 1993, No. 831, §1, eff. June 22, 1993.
La. Ch. Code art. 615.1 — LA Code / Code childrens-code / Article 615.1
Reports; review by district attorney
Status: in_force

A. When a law enforcement agency receives a report of a crime involving sexual abuse of a child, including but not limited to those received pursuant to Louisiana Children's Code Article 610(E)(3), the law enforcement agency shall:

(1) Maintain a report containing all information listed in Louisiana Children's Code Article 610(B) and (C), if known, and conduct a full investigation of the allegations.

(2) Maintain the confidentiality of the identity of the reporter in accordance with R.S. 46:56.

(3) After investigation of the report of child sexual abuse by the law enforcement agency having jurisdiction over the reported incident, send the investigative file to the district attorney for review whether or not an arrest is made.

B. In cases involving allegations of sexual abuse of a child:

(1) If the district attorney determines that the report has been fully investigated and there is insufficient evidence to establish probable cause for arrest, the district attorney shall upload the information contained in the report pursuant to Louisiana Children's Code Article 610(B) and (C) to the central registry for children in need of care maintained by the Bureau of Criminal Identification and Information in the office of state police if an alleged perpetrator has been identified. The information uploaded to the registry shall also include the name of the law enforcement agency that handled the investigation of the complaint.

(2) If the district attorney determines that the report needs further investigation, he shall refer the report to the multidisciplinary team established pursuant to Louisiana Children's Code Article 507 et seq. If, after a multidisciplinary team investigation, there is still insufficient evidence to establish probable cause for an arrest, the pertinent information in the report shall be uploaded to the bureau as provided in Subparagraph (B)(1) of this Article.

(3) In no case shall the district attorney forward information to the Bureau of Criminal Identification and Information in the office of state police when the district attorney finds, based on the investigation, that the allegations are false.

Acts 2006, No. 394, §1.
La. Civ. Code art. 3061 — LA Code / Code civil-code / Article 3061
Termination of suretyship
Status: in_force

A surety may terminate the suretyship by notice to the creditor. The termination does not affect the surety's liability for obligations incurred by the principal obligor, or obligations the creditor is bound to permit the principal obligor to incur at the time the notice is received, nor may it prejudice the creditor or principal obligor who has changed his position in reliance on the suretyship.

Knowledge of the death of a surety has the same effect on a creditor as would a notice of termination received from the surety. A termination resulting from notice of the surety's death does not affect a universal successor of the surety who thereafter unequivocally confirms his willingness to continue to be bound thereby. The confirmation need not be in writing to be enforceable.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 575 — LA Code / Code civil-code / Article 575
Failure to give security
Status: in_force

If the usufructuary does not give security, the court may order that the property be delivered to an administrator appointed in accordance with Articles 3111 through 3113 of the Code of Civil Procedure for administration on behalf of the usufructuary. The administration terminates if the usufructuary gives security.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Ch. Code art. 1274 — LA Code / Code childrens-code / Article 1274
Penalties
Status: in_force

Any employee or former employee of the Department of Children and Family Services, or a licensed adoption agency, or any employee or appointee or former employee or appointee of a court who discloses identifying information other than pursuant to judicial order or through the registry, as provided in this Chapter, shall be guilty of a misdemeanor and shall be fined not less than five hundred dollars and not more than five thousand dollars, or imprisoned for not more than six months, or both.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Ch. Code art. 103 — LA Code / Code childrens-code / Article 103
General applicability
Status: in_force

Except as otherwise specified in any Title of this Code, the provisions of the Children's Code shall be applicable in all juvenile court proceedings, and only to such proceedings.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Code Civ. Proc. art. 158 — LA Code / Code code-of-civil-procedure / Article 158
Recusal of judge of court of appeal
Status: in_force

A. A party desiring to recuse a judge of a court of appeal shall file a written motion therefor assigning the ground for recusal under Article 151. When a written motion is filed to recuse a judge of a court of appeal, the judge may recuse himself or the motion shall be heard by an ad hoc judge appointed by the supreme court.

B. When a judge of a court of appeal recuses himself or is recused, the court shall randomly allot another of its judges to sit on the panel in place of the recused judge.

C. If the motion to recuse fails to set forth a ground for recusal under Article 151, the judge may deny the motion without the appointment of an ad hoc judge or a hearing but shall provide written reasons for the denial.

Redesignated from C.C.P. Art. 160 and amended by Acts 2021, No. 143, §1; Acts 2022, No. 38, §1.
La. Civ. Code art. 707 — LA Code / Code civil-code / Article 707
Servitudes; apparent or nonapparent.
Status: in_force

Predial servitudes are either apparent or nonapparent. Apparent servitudes are those that are perceivable by exterior signs, works, or constructions; such as a roadway, a window in a common wall, or an aqueduct.

Nonapparent servitudes are those that have no exterior sign of their existence; such as the prohibition of building on an estate or of building above a particular height.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1255 — LA Code / Code civil-code / Article 1255
Collation of immovables.
Status: in_force

If an immovable has been given, and the donee hath it in his possession at the time of the partition, he has the choice to make the collation in kind or by taking less, unless the donor has imposed on him the condition of making the collation in kind, in which case it can not be made in any other manner than that prescribed by the donor, unless it be with the consent of the other heirs who must be all of age, present or represented in this State.
La. Code Crim. Proc. art. 650 — LA Code / Code code-of-criminal-procedure / Article 650
Mental examination after plea of insanity
Status: in_force

When a defendant enters a combined plea of "not guilty and not guilty by reason of insanity," the court may appoint a sanity commission as provided in Article 644 to make an examination as to the defendant's mental condition at the time of the offense. The court may also order the commission to make an examination as to the defendant's present mental capacity to proceed. Mental examinations and reports under this article shall be conducted and filed in conformity with Articles 644 through 646.
La. Civ. Code art. 1277 — LA Code / Code civil-code / Article 1277
Payment of collation by donee where succession effects insufficient.
Status: in_force

If there are no effects in the succession, or not sufficient to satisfy the heirs to whom the collation is due, the amount of the collation, or the balance due on it, shall be paid them by the heir who owes the collation.
La. Ch. Code art. 1631 — LA Code / Code childrens-code / Article 1631
Powers and duties of the Interstate Commission
Status: in_force

NOTE: Art. 1631 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. The Interstate Commission shall have the following powers:

(1) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in the compact.

(2) To provide for dispute resolution among member states.

(3) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, or actions.

(4) To enforce compliance with the compact or the bylaws or rules of the Interstate Commission.

(5) To collect standardized data concerning the interstate placement of children subject to the compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements.

(6) To establish and maintain offices as may be necessary for the transacting of its business.

(7) To purchase and maintain insurance and bonds.

(8) To hire or contract for services of personnel or consultants as necessary to carry out its functions under the compact and establish personnel qualification policies, and rates of compensation.

(9) To establish and appoint committees and officers including, but not limited to, an executive committee as required by this Chapter.

(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose thereof.

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property.

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property.

(13) To establish a budget and make expenditures.

(14) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

B. The commission shall report annually to the legislatures, governors, the judiciary, and state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Reports shall also include any recommendations adopted by the Interstate Commission.

C. The commission shall coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.

D. The commission shall maintain books and records in accordance with the bylaws of the Interstate Commission.

E. The commission may perform such other functions as may be necessary or appropriate to achieve the purposes of the compact.

Acts 2010, No. 893, §1.
La. Civ. Code art. 3170 — LA Code / Code civil-code / Article 3170
Pledge contained in act of mortgage
Status: in_force

A pledge of the lessor's rights in the lease of an immovable and its rents may be established in an act of mortgage of the immovable. In that event, the pledge is given the effect of recordation for so long as the mortgage is given that effect and is extinguished when the mortgage is extinguished.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 3256 — LA Code / Code civil-code / Article 3256
Lessor's privilege primed by costs of sale.
Status: in_force

Whatever may be the privilege of the lessor, charges for selling the movables subjected to it are paid before that which is due for the rent, because it is these charges which procure the payment of the rent.
La. Ch. Code art. 1283.12 — LA Code / Code childrens-code / Article 1283.12
Revocation of interlocutory decree
Status: in_force

A. At any time before the entry of the final decree of adoption, the court for good cause may revoke its interlocutory decree either on its own motion, on the motion of the department, or on the motion of the petitioner or any person interested in the child.

B. All parties upon whom service was originally made shall be notified at least ten days prior to the signing of the order of revocation and shall be given an opportunity to be heard upon their written request.

Acts 1999, No. 1268, §1.
La. Civ. Code art. 3002 — LA Code / Code civil-code / Article 3002
Gratuitous mandate; liability of a mandatary
Status: in_force

When the mandate is gratuitous, the court may reduce the amount of loss for which the mandatary is liable.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 1108 — LA Code / Code childrens-code / Article 1108
Authority to surrender
Status: in_force

A. Subject to the provisions for capacity found in Chapter 4 of this Title any parent may execute a voluntary act of surrender.

B. If the parents are dead or are unknown, the child's tutor may execute the act of surrender for adoption.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3954 — LA Code / Code code-of-civil-procedure / Article 3954
Abandonment of action
Status: in_force

A. A divorce action instituted under Civil Code Article 102 is abandoned if the rule to show cause provided by that Article is not filed within two years of the service of the original petition or execution of written waiver of service of the original petition.

B. This provision shall be operative without formal order, but on ex parte motion of any party or other interested person, the trial court shall enter a formal order of dismissal as of the date of abandonment.

Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1991, No. 367, §2.
La. Civ. Code art. 1875 — LA Code / Code civil-code / Article 1875
Fortuitous event
Status: in_force

A fortuitous event is one that, at the time the contract was made, could not have been reasonably foreseen.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 650 — LA Code / Code civil-code / Article 650
Inseparability of servitude
Status: in_force

A. A predial servitude is inseparable from the dominant estate and passes with it. The right of using the servitude cannot be alienated, leased, or encumbered separately from the dominant estate.

B. The predial servitude continues as a charge on the servient estate when ownership changes.

Acts 1977, No. 514, §1; Acts 2004, No. 821, §2, eff. Jan. 1, 2005.
La. Ch. Code art. 1183 — LA Code / Code childrens-code / Article 1183
Reports of annulments of adoption decrees
Status: in_force

The clerk of court shall prepare, within ten days after a decree of annulment of adoption becomes final, a certificate of the decree of annulment on forms furnished by the state registrar of vital records. On or before the fifteenth day of each month, the clerk shall forward any certificates prepared by him during the preceding calendar month to the state registrar of vital records.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 3452 — LA Code / Code civil-code / Article 3452
Necessity for pleading prescription
Status: in_force

Prescription must be pleaded. Except as otherwise provided by legislation, courts may not supply a plea of prescription.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983; Acts 2021, No. 259, §1.
La. Civ. Code art. 3003 — LA Code / Code civil-code / Article 3003
Obligation to provide information
Status: in_force

At the request of the principal, or when the circumstances so require, the mandatary is bound to provide information and render an account of his performance of the mandate. The mandatary is bound to notify the principal, without delay, of the fulfillment of the mandate.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 1601 — LA Code / Code childrens-code / Article 1601
Enactment
Status: in_force

The Interstate Compact on Adoption and Medical Assistance is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992.