FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1463 — LA Code / Code childrens-code / Article 1463
Physician's certificate for a minor
Status: in_force

A. A minor shall not be detained at a treatment facility pursuant to parental admission more than seventy-two hours unless a physician's certificate for a minor has been executed and delivered to the MHAS.

B. The certificate may be executed by any licensed physician after an actual examination.

C. Failure to conduct an actual examination prior to the execution of the certificate will be evidence of gross negligence.

D. The certificate shall be dated and executed under penalty of perjury, but need not be notarized. The certificate shall state:

(1) The date and time of the physician's examination of the minor, which shall not be more than seventy-two hours prior to the signature of the certificate.

(2) The name and age of the minor and the patient's identification number, if known.

(3) The date and time of admission.

(4) The name and address of the parent, tutor, caretaker, or responsible person admitting the minor.

(5) The objective findings of the physician relative to the physical and mental condition of the minor, leading to the determination of whether the minor examined is in need of inpatient psychiatric treatment because all of the following conditions exist:

(a) The minor suffers from mental illness or substance abuse which has a substantial adverse effect on his ability to function and requires care and treatment in an institution.

(b) The minor can benefit from inpatient treatment.

(c) The treatment facility where the minor is confined is medically appropriate.

(6) The history pertinent to this admission.

(7) A statement as to whether the minor wishes to remain in the treatment facility.

E. The certificate shall be delivered to the MHAS located nearest to the treatment facility. Delivery may be accomplished either by:

(1) Personal delivery to any MHAS employee.

(2) Mailing a copy of the certificate to the nearest MHAS, certified mail, return receipt requested.

F. MHAS shall have the authority to represent the interests of any minor they suspect has been inappropriately placed or who had requested their services. Services may be rendered as deemed necessary including but not limited to the provisions of Article 1405.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 187, §1, eff. May 31, 1993; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 612, §3.
La. Code Civ. Proc. art. 4238 — LA Code / Code code-of-civil-procedure / Article 4238
Heirs of tutor; responsibility
Status: in_force

Tutorship is a personal trust, which does not descend to the heirs of the tutor upon his death. However, the representative of the tutor's succession or the major heirs who have accepted his succession are responsible for the administration of the minor's property until another tutor has been appointed.
La. Civ. Code art. 3532 — LA Code / Code civil-code / Article 3532
Movables
Status: in_force

Except as otherwise provided in this Title, testate and intestate succession to movables is governed by the law of the state in which the deceased was domiciled at the time of death.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 1963 — LA Code / Code civil-code / Article 1963
Contract with party in good faith
Status: in_force

A contract made with a third person to secure the means of preventing threatened injury may not be rescinded for duress if that person is in good faith and not in collusion with the party exerting duress.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1985 — LA Code / Code civil-code / Article 1985
Effects for third persons
Status: in_force

Contracts may produce effects for third persons only when provided by law.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2025, No. 488, §1.
La. Code Crim. Proc. art. 439.1 — LA Code / Code code-of-criminal-procedure / Article 439.1
Witnesses; authority to compel testimony and evidence
Status: in_force

A. In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a grand jury of the state, at any proceeding before a court of this state, or in response to any subpoena by the attorney general or district attorney, the judicial district court of the district in which the proceeding is or may be held shall issue, in accordance with Subsection B of this article, upon the request of the attorney general together with the district attorney for such district, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in Subsection C of this article.

B. The attorney general together with the district attorney may request an order under Subsection A of this article when in his judgment

(1) the testimony or other information from such individual may be necessary to the public interest; and

(2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self incrimination.

C. The witness may not refuse to comply with the order on the basis of his privilege against self incrimination, but no testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement or otherwise failing to comply with the order.

D. Whoever refuses to comply with an order as hereinabove provided shall be adjudged in contempt of court and punished as provided by law.

Added by Acts 1972, No. 410, §1.
La. Ch. Code art. 1106 — LA Code / Code childrens-code / Article 1106
Recordation of acknowledgment by authentic act and judgments of filiation
Status: in_force

A. Acknowledgment of a child by authentic act may be evidenced by proof of its filing. If the child is born in Louisiana, and the acknowledgment is by authentic act, it shall be filed with the state registrar, office of vital records, the central repository for paternity acknowledgments, and recorded in the office of the clerk of court in the parish in which the child is born in order for the father to be accorded the rights afforded by Article 1193.

B. All acknowledgments by authentic act recorded pursuant to this Article shall indicate the name of the child, the child's date of birth, if known, the name of the mother, and the full name and address of the acknowledging father.

C. A judgment of filiation rendered by a court which recognizes a father as having formally acknowledged a child born outside of marriage and in which the father is adjudged the parent of the child shall also be filed with the state registrar, office of vital records, the central repository for adjudications of paternity, and filed and recorded in the office of the clerk of court in the parish in which the child was born, if born in this state, or if the child was born in another state, in the parish in which the child is domiciled at the time of the judgment.

D. The clerk of court shall issue, on request, a certificate indicating whether any act of acknowledgment or any filiation judgment has been recorded relative to a particular child. If such an act has been recorded, the clerk shall include on the certificate the name and address of the father, the name of the notary, and the date of recordation of the certificate. Records of requests for certificates and copies of certificates issued shall be maintained in confidential records and shall not be open to public inspection. The acts recorded, however, shall be made available only upon motion and order for good cause shown. Certifications shall be issued to the department, other adoption agencies, and the courts of this state at no charge. The clerk may assess reasonable charges for copies of the certificate requested by other persons or agencies.

E. For purposes of this Article, "clerk of court" means the clerk of court in the parish in which the child was born. However, "clerk of court" means only the following clerks of court in the following parishes:

(1) In the parish of Caddo, the clerk of the Caddo Parish Juvenile Court.

(2) In the parish of East Baton Rouge, the clerk of the East Baton Rouge Parish Juvenile Court.

(3) In the parish of Jefferson, the clerk of the Jefferson Parish Juvenile Court.

(4) In the parish of Orleans, the clerk of the Orleans Parish Juvenile Court.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2004, No. 26, §3; Acts 2008, No. 561, §1.
La. Code Crim. Proc. art. 20 — LA Code / Code code-of-criminal-procedure / Article 20
Contempt of court; kinds of contempt
Status: in_force

A contempt of court is an act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority.

Contempts of court are of two kinds, direct and constructive.
La. Civ. Code art. 1402 — LA Code / Code civil-code / Article 1402
Rescission of transactions effecting partition.
Status: in_force

The action of the rescission mentioned in the foregoing articles takes place in the cases prescribed by law, not only against all acts bearing the title of partition, but even against all those which tend to the division of property between coheirs, whether such acts be called sales, exchanges, compromises, or by any other name.
La. Ch. Code art. 1516 — LA Code / Code childrens-code / Article 1516
Affidavit of acceptance; contents; form
Status: in_force

A. An Affidavit of Acceptance shall be executed by the agency, institution, or individual accepting custody and shall state that the agency, institution, or individual knowingly and voluntarily accepts custody of the child to the extent and under the terms and conditions custody is transferred from the parents.

B. The form for the Affidavit of Acceptance shall be as follows:

"AFFIDAVIT OF ACCEPTANCE

BEFORE ME, the undersigned Notary Public, personally came and appeared: ________________________________________________________________________

___________________________________, individual(s) OR a representative of _____________________________ (name of agency or institution) who, being first duly sworn, did depose and state:

That affiant is a person of the full age of majority and resides at ___________________________________ (address of individual(s), agency, or institution) in ____________ Parish, Louisiana.

That affiant does knowingly and voluntarily accept physical custody OR legal custody of the person of the children (indicate one) of _________, _________, _________, _________ (name(s) of child(ren)) for the period of time ______________ (specify intended period) in accordance with the following terms and conditions:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________.

(may include provisions for support and/or visitation)

____________________________

AFFIANT

SWORN TO AND SUBSCRIBED BEFORE ME ON THIS THE ______ DAY OF _____________________,20___.

____________________________

NOTARY PUBLIC"

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2011, No. 128, §1.
La. Ch. Code art. 1281.8 — LA Code / Code childrens-code / Article 1281.8
Birth certificate requirement
Status: in_force

A. Prior to the initiation of any adoption under the provisions of this Title, the attorney for the petitioners shall obtain a certified copy of the child's birth certificate, and, if the certificate is not in English, a certified translation of the certificate, which shall be attached to the petition for adoption.

B. If a certified copy of the birth certificate and certified translation are not available, the court may make findings on the date, place of birth, and parentage of the adopted person in accordance with the provisions of R.S. 40:79(C)(2).

Acts 1999, No. 1268, §1.
La. Civ. Code art. 2768 — LA Code / Code civil-code / Article 2768
Contractor's liability for acts of employees.
Status: in_force

The undertaker is responsible for the acts of the persons employed by him.
La. Civ. Code art. 3027 — LA Code / Code civil-code / Article 3027
Reliance on public records
Status: in_force

Until filed for recordation, a revocation or modification of a recorded mandate is ineffective as to the persons entitled to rely upon the public records.

Amended by Acts 1882, No. 19; Acts 1981, No. 303, §1; Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 3340 — LA Code / Code civil-code / Article 3340
Effect of recording other documents
Status: in_force

If the law or a recorded instrument expressly makes the recordation of an act or instrument a condition to the creation, extinction, or modification of rights or obligations, such act or instrument is not effective as to a third person until it is recorded.

The recordation of a document, other than an instrument described in Article 3338, that is required by law to be registered, filed, or otherwise recorded with the clerk of court or recorder of conveyances or of mortgages or in the conveyance or mortgage records shall have only the effect provided for by such law.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Civ. Code art. 651 — LA Code / Code civil-code / Article 651
Obligations of the owner of the servient estate
Status: in_force

The owner of the servient estate is not required to do anything. His obligation is to abstain from doing something on his estate or to permit something to be done on it. He may be required by convention or by law to keep his estate in suitable condition for the exercise of the servitude due to the dominant estate. A servitude may not impose upon the owner of the servient estate or his successors the obligation to pay a fee or other charge on the occasion of an alienation, lease, or encumbrance of the servient estate.

Acts 1977, No. 514, §1; Acts 2010, No. 938, §2, eff. July 2, 2010.
La. Civ. Code art. 1602 — LA Code / Code civil-code / Article 1602
Discharge of an unsatisfied particular legacy
Status: in_force

Intestate successors and general and universal legatees are personally bound to discharge an unpaid particular legacy, each in proportion to the part of the estate that he receives.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Evid. art. 412.1 — LA Code / Code code-of-evidence / Article 412.1
Victim's attire in sexual assault cases
Status: in_force

A. When an accused is charged with a crime involving sexually assaultive behavior, or with acts that constitute a sex offense involving a victim who was under the age of seventeen at the time of the offense, the manner and style of the victim's attire shall not be admissible as evidence that the victim encouraged or consented to the offense; however, items of clothing or parts thereof may be introduced in order to establish the presence or absence of the elements of the offense and the proof of its occurrence.

B. The rules of admissibility of evidence provided by this Article shall also apply to civil actions brought by the victim which are alleged to arise from any crime referenced in Paragraph A of this Article committed by the defendant, whether or not convicted of such crimes.

Acts 1992, No. 725, §1; Acts 2004, No. 676, §4; Acts 2015, No. 184, §7; Acts 2016, No. 357, §1; Acts 2022, No. 173, §3.
La. Ch. Code art. 1445 — LA Code / Code childrens-code / Article 1445
Order of hearing
Status: in_force

A. Witnesses and evidence tending to show that the minor who is the subject of the petition is a proper subject for judicial commitment shall be presented first.

B. The minor respondent or his counsel shall have the right to present evidence and cross-examine witnesses who may testify at the hearing.

C. If the minor respondent or his attorney notified the court not less than three days before the hearing that he wishes to cross-examine the examining physicians, the court shall order such physicians to appear in person or by deposition.

D. If the minor respondent is present at the hearing and is medicated, the court shall be informed of the medication and its common effects.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 3115 — LA Code / Code civil-code / Article 3115
Attendance and swearing in of witnesses.
Status: in_force

Arbitrators have no authority to compel witnesses to appear before them or to administer an oath; but, at the request of arbitrators, it will be the duty of justices of the peace to compel witnesses to appear and to administer the oath to them.
La. Civ. Code art. 3010 — LA Code / Code civil-code / Article 3010
Performance of obligations contracted by the mandatary
Status: in_force

The principal is bound to the mandatary to perform the obligations that the mandatary contracted within the limits of his authority. The principal is also bound to the mandatary for obligations contracted by the mandatary after the termination of the mandate if at the time of contracting the mandatary did not know that the mandate had terminated.

The principal is not bound to the mandatary to perform the obligations that the mandatary contracted which exceed the limits of the mandatary's authority unless the principal ratifies those acts.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 26 — LA Code / Code civil-code / Article 26
Unborn child
Status: in_force

An unborn child shall be considered as a natural person for whatever relates to its interests from the moment of conception. If the child is born dead, it shall be considered never to have existed as a person, except for purposes of actions resulting from its wrongful death.

Acts 1987, No. 125, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 3338 — LA Code / Code code-of-civil-procedure / Article 3338
Deceased or interdicted succession representative
Status: in_force

If a succession representative dies or is interdicted, an account of his administration may be filed by his heirs or by his legal representative; and upon the petition of an interested person the court shall order the filing of such an account.
La. Code Crim. Proc. art. 899 — LA Code / Code code-of-criminal-procedure / Article 899
Arrest or summons for violation of probation
Status: in_force

A. At any time during probation and suspension of sentence the court may issue a warrant for the arrest of a defendant for violation of any of the conditions of probation, or may issue a summons to appear to answer to a charge of violation or threatened violation.

The warrant of arrest may be executed by any peace officer and shall direct that the defendant be returned to the custody of the court or to a designated detention facility. The summons shall be personally served upon the defendant.

B. If a probation officer has reasonable cause to believe that a defendant has violated or is about to violate a condition of his probation or that an emergency exists so that awaiting an order of the court would create an undue risk to the public or to the probationer, the probation officer may arrest the defendant without a warrant, or may authorize a peace officer to do so. The authorization may be in writing or oral, but if not written, shall be subsequently confirmed by a written statement. The written authorization or subsequent confirmation delivered with the defendant to the official in charge of a parish jail or other place of detention shall be sufficient authority for the detention of the defendant. The probation officer shall immediately notify the proper court of the arrest and shall submit a written report showing in what manner the defendant violated, or was about to violate, a condition of his probation.

C. The court may grant bail to a defendant who is arrested under this article.

D. When a warrant for a defendant's arrest or a summons for defendant's appearance is issued under Paragraph A or a detainer is issued under Paragraph B of this Article, the running of the period of probation shall cease as of the time the warrant, summons, or detainer is issued.

E. Within ten days following the arrest of an offender pursuant to the provisions of this Article, the court shall determine if there is probable cause to detain him pending a final violation hearing and shall consider whether to allow the offender bail pending the final hearing. The determination of probable cause may be made without a formal hearing and may be conducted through the use of affidavits.

F. Probation officers shall be deemed to be peace officers and shall have the same powers with respect to criminal matters and the enforcement of the law relating thereto as sheriffs, constables, and police officers have in their respective jurisdictions. They have all the immunities and defenses now or hereafter made available to sheriffs, constables, and police officers in any suit brought against them in consequence of acts done in the course of their employment.

Amended by Acts 1974, No. 109, §1; Acts 1977, No. 464, §1; Acts 1985, No. 930, §1, eff. July 23, 1985; Acts 2010, No. 352, §1; Acts 2010, No. 924, §1, eff. July 2, 2010.
La. Civ. Code art. 658 — LA Code / Code civil-code / Article 658
Estate through which water runs.
Status: in_force

The owner of an estate through which water runs, whether it originates there or passes from lands above, may make use of it while it runs over his lands. He cannot stop it or give it another direction and is bound to return it to its ordinary channel where it leaves his estate.

Acts 1977, No. 514, §1.
La. Ch. Code art. 905 — LA Code / Code childrens-code / Article 905
Progress reports to court
Status: in_force

A. Any institution or agency to which a child is assigned, upon request, shall provide the court any information concerning the condition, supervision, treatment, or rehabilitation program of the child. When such information is provided to the court, it shall also be provided to the state and to counsel for the child at the same time it is provided to the court.

B. Any institution, agency, or person to which a child is assigned shall, not less than once every six months, report in writing the whereabouts and condition of the child to the judge who rendered the judgment of disposition and to counsel for the child. Such reports shall be provided to the court, counsel for the child, and the district attorney not less than one week before any in-court review hearing.

C. If the child is indigent, the information and reports contemplated by this Article shall be furnished at no cost to the child, the child's family, or to counsel. Representation by a public defender shall create an irrebuttable presumption of indigence for the purposes of this Article.

D. Information and reports required by this Article may be submitted electronically to the extent practicable.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2016, No. 617, §1; Acts 2022, No. 217, §1.
La. Civ. Code art. 1233 — LA Code / Code civil-code / Article 1233
Sufficiency of declaration.
Status: in_force

The declaration that the gift or legacy is intended as an advantage or extra portion, may be made in other equivalent terms, provided they indicate, in an unequivocal manner, that such was the will of the donor.