FrankGoortani/open-us-law huggingface dataset:
La. Code Evid. art. 503 — LA Code / Code code-of-evidence / Article 503
Comment on or inference from claim of privilege; instructions; exception
Status: in_force

A. Comment, inference, and instructions.

(1) The claim of privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inferences may be drawn therefrom.

(2) In jury cases, proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims of privilege without the knowledge of the jury.

(3) Upon request, any party against whom the jury might draw an adverse inference from a claim of privilege is entitled to an instruction that no inference may be drawn therefrom.

B. Exception in non-criminal proceedings. In non-criminal proceedings, under exceptional circumstances in the interest of justice, if a claim of privilege is sustained counsel may comment thereon, and, upon request, the court shall instruct the trier of fact that it may draw all reasonable inferences therefrom.

Acts 1992, No. 376, §1, eff. Jan. 1, 1993.
La. Civ. Code art. 2986 — LA Code / Code civil-code / Article 2986
The authority of the representative
Status: in_force

The authority of the representative may be conferred by law, by contract, such as mandate or partnership, or by the unilateral juridical act of procuration.

Amended by Acts 1871, No. 87; Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 1114 — LA Code / Code childrens-code / Article 1114
Mentally incapacitated parents
Status: in_force

Any parent who has been interdicted or who the court finds to be mentally incapable of giving a knowing and voluntary surrender shall not execute an act of surrender. Any act of surrender executed by an interdicted or mentally incapacitated parent is subject to annulment under Chapter 12 of this Title.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
La. Civ. Code art. 2047 — LA Code / Code civil-code / Article 2047
Meaning of words
Status: in_force

The words of a contract must be given their generally prevailing meaning.

Words of art and technical terms must be given their technical meaning when the contract involves a technical matter.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 642 — LA Code / Code code-of-civil-procedure / Article 642
Determination by court whenever joinder not feasible
Status: in_force

If a person described in Article 641 cannot be made a party, the court shall determine whether the action should proceed among the parties before it, or should be dismissed. The factors to be considered by the court include:

(1) To what extent a judgment rendered in the person's absence might be prejudicial to him or those already present.

(2) The extent to which the prejudice can be lessened or avoided by protective provisions in the judgment, by the shaping of relief, or by other measures.

(3) Whether a judgment rendered in the person's absence will be adequate.

(4) Whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.

Acts 1995, No. 662, §1.
La. Civ. Code art. 1972 — LA Code / Code civil-code / Article 1972
Possible or impossible object
Status: in_force

A contractual object is possible or impossible according to its own nature and not according to the parties' ability to perform.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 4545 — LA Code / Code code-of-civil-procedure / Article 4545
Appointment of examiner
Status: in_force

After the filing of a petition for interdiction, the court may appoint an examiner who has training or experience in the type of infirmity alleged. The court may compel the defendant to submit to an examination by the examiner. Not less than seven days prior to a hearing, the examiner shall provide a written report to the court, all counsel of record, and any unrepresented parties. The report shall include such matters as the court directs. The report may consider the infirmities suffered by the defendant, the appropriateness of interdiction, including whether a less restrictive means of intervention is available, the type of interdiction that is appropriate, and any other relevant matters.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
La. Civ. Code art. 2353 — LA Code / Code civil-code / Article 2353
Unauthorized alienation of community property.
Status: in_force

When the concurrence of the spouses is required by law, the alienation, encumbrance, or lease of community property by a spouse is relatively null unless the other spouse has renounced the right to concur. Also, the alienation, encumbrance, or lease of the assets of a community enterprise by the non-manager spouse is a relative nullity.

Acts 1979, No. 709, §1.
La. Civ. Code art. 1892 — LA Code / Code civil-code / Article 1892
Remission granted to sureties
Status: in_force

Remission of debt granted to the principal obligor releases the sureties.

Remission of debt granted to the sureties does not release the principal obligor.

Remission of debt granted to one surety releases the other sureties only to the extent of the contribution the other sureties might have recovered from the surety to whom the remission was granted.

If the obligee grants a remission of debt to a surety in return for an advantage, that advantage will be imputed to the debt, unless the surety and the obligee agree otherwise.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 266 — LA Code / Code code-of-criminal-procedure / Article 266
Governor's warrant; execution and recall
Status: in_force

The governor's warrant authorizes any peace officer to arrest the accused at any time and at any place he may be found in the state. The peace officer shall have authority to command the aid of other peace officers or persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this Title, to the designated agent of the demanding state. The governor may recall his warrant of arrest or may issue another warrant at any time.

Acts 1997, No. 1321, §1; Acts 2001, No. 822, §1.
La. Code Civ. Proc. art. 281 — LA Code / Code code-of-civil-procedure / Article 281
Certain articles not applicable to Civil District Court for the Parish of Orleans
Status: in_force

The provisions of Articles 282 through 286 do not apply to the clerk and the deputy clerks of the Civil District Court for the Parish of Orleans.
La. Code Civ. Proc. art. 3286 — LA Code / Code code-of-civil-procedure / Article 3286
Court may authorize listing
Status: in_force

A succession representative who desires to list succession property for sale shall file a petition to which shall be annexed the proposed listing agreement, which shall contain a provision that any offer to purchase submitted under such agreement to the succession representative shall be subject to the suspensive condition that the court approve the proposed sale. The court shall render an order, ex parte, authorizing the execution of the listing agreement by the succession representative when it considers such agreement to be in the best interests of the succession.

Added by Acts 1980, No. 369, §2.
La. Civ. Code art. 1503 — LA Code / Code civil-code / Article 1503
Reduction of excessive donations
Status: in_force

A donation, inter vivos or mortis causa , that impinges upon the legitime of a forced heir is not null but is merely reducible to the extent necessary to eliminate the impingement.

Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Code Civ. Proc. art. 1562 — LA Code / Code code-of-civil-procedure / Article 1562
Separate trials of issues of insurance coverage, liability, and damages
Status: in_force

A. If it would simplify the proceedings or would permit a more orderly disposition of the case or otherwise would be in the interest of justice, at any time prior to trial the court may order, with the consent of all parties, separate trials on the issues of liability and damages, whether or not there is to be a jury trial on either issue.

B. If a defendant has been found liable by a jury, the court shall proceed with the trial on the remaining issues before the same jury unless all parties consent to a trial before a different jury.

C. Notwithstanding the provisions of Paragraph B of this Article, in a jury trial, the court may order, with the consent of all the parties, that a separate trial on the issue of damages shall precede a trial on the issue of liability.

D. If it would simplify the proceedings or would permit a more orderly disposition of the case or otherwise would be in the interest of justice, at any time prior to trial on the merits, the court may order, with the consent of all parties, a separate trial on the issue of insurance coverage, unless a factual dispute that is material to the insurance coverage issue duplicates an issue relative to liability or damages. The issue of insurance coverage shall be decided by the court alone, whether or not there is to be a jury trial on the issue of liability or damages.

Added by Acts 1983, No. 534, §2. Amended by Acts 1985, No. 289, §1, eff. July 8, 1985; Acts 1992, No. 72, §1.
La. Ch. Code art. 603.1 — LA Code / Code childrens-code / Article 603.1
Required education; reporting child abuse
Status: in_force

A. Every person graduating from any teacher preparation program in Louisiana shall have had in his curriculum instruction on the requirements of and how to report suspected child abuse cases pursuant to Article 601 et seq., as well as instruction on how to identify the signs and symptoms of child neglect and abuse, including sexual abuse, in order to receive his teacher certification.

B. Teaching or child care providers as defined by Article 603 shall complete an online training course provided by the Department of Children and Family Services between June first and August thirty-first annually. A record of completion of the course by the teaching or child care provider shall be provided to each entity at which the teaching or child care provider is employed. No later than September thirtieth of each year and in a manner prescribed by the state Department of Education each entity at which a teaching or child care provider is employed shall submit a list to the state Department of Education of all teaching and child care providers employed by the entity and identify the employees that have complied with the training requirements and those employees that have not complied. The state Department of Education shall publish the completion rates for each entity on its website.

Acts 2003, No. 769, §1; Acts 2020, No. 272, §1, eff. June 11, 2020; Acts 2025, No. 409, §7.
La. Civ. Code art. 1265 — LA Code / Code civil-code / Article 1265
Preservation of creditor's mortgage rights after partition.
Status: in_force

In the case mentioned in the preceding article, if the property mortgaged, which has been collated in kind, falls by the partition to the donee, the mortgage continues to exist thereon as if it had never been collated; but if the donee receives for his portion other movables or immovables of the succession, the creditor shall have a privilege for the amount of his mortgage on the property which has thus fallen to his debtor by the partition.
La. Civ. Code art. 660 — LA Code / Code civil-code / Article 660
Keeping buildings in repair
Status: in_force

The owner is bound to keep his buildings in repair so that neither their fall nor that of any part of their materials may cause damage to a neighbor or to a passerby. However, he is answerable for damages only upon a showing that he knew or, in the exercise of reasonable care, should have known of the vice or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.

Acts 1977, No. 514, §1; Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.
La. Civ. Code art. 1562 — LA Code / Code civil-code / Article 1562
Dissolution for nonfulfillment of suspensive condition or for occurrence of resolutory condition
Status: in_force

If a donation is subject to a suspensive condition, the donation is dissolved of right when the condition can no longer be fulfilled.

If a donation is subject to a resolutory condition, the occurrence of the condition does not of right operate a dissolution of the donation. It may be dissolved only by consent of the parties or by judicial decree.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 2053 — LA Code / Code civil-code / Article 2053
Nature of contract, equity, usages, conduct of the parties, and other contracts between same parties
Status: in_force

A doubtful provision must be interpreted in light of the nature of the contract, equity, usages, the conduct of the parties before and after the formation of the contract, and of other contracts of a like nature between the same parties.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 702 — LA Code / Code civil-code / Article 702
Prohibition of view.
Status: in_force

The servitude of prohibition of view is the right of the owner of the dominant estate to prevent or limit openings of view on the servient estate.

Acts 1977, No. 514, §1.
La. Code Evid. art. 405 — LA Code / Code code-of-evidence / Article 405
Methods of proving character
Status: in_force

A. Reputation. Except as provided in Article 412, in all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to general reputation only. On cross-examination of the character witness, inquiry is allowable into relevant specific instances of conduct.

B. Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, such as in a prosecution for defamation or when there is a defense of entrapment, proof may also be made of specific instances of his conduct.

C. Foundation. Before a person may be permitted to testify to the reputation of another person, a foundation must be established that the witness is familiar with that reputation.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Civ. Proc. art. 3336 — LA Code / Code code-of-civil-procedure / Article 3336
Opposition; homologation
Status: in_force

An opposition to an account may be filed at any time before homologation. An opposition shall be tried as a summary proceeding.

When no opposition has been filed, or to the extent to which the account is unopposed, the succession representative may have the account homologated at any time after the expiration of ten days from the date of service as provided in Article 3335.
La. Ch. Code art. 714 — LA Code / Code childrens-code / Article 714
Motion to modify judgment of disposition
Status: in_force

A. The court may modify a judgment of disposition on its own motion or on the motion of the district attorney, the department, the child, or his parents. When a child has been committed to a mental hospital, psychiatric unit, or substance abuse facility, the court may modify the judgment of disposition, for good cause shown, on the filing of a proper motion by the director of the mental hospital, psychiatric unit, or substance abuse facility.

B.(1) A motion to modify a judgment of disposition may be denied without a contradictory hearing, except when made by the director of a mental hospital, psychiatric unit, or substance abuse facility to which a child has been committed. In such instances, the director shall be permitted to show that the continued commitment would not be in the child's best interest because the facility cannot provide proper treatment or that the child has received the maximum benefit from the treatment available at the facility. The director shall make specific written recommendations regarding proper treatment or placement of the child, or both, in the motion filed with the court. The court shall hold a hearing on the motion for modification of a disposition filed by the director of a mental health hospital, psychiatric unit, or substance abuse facility within ten days of the filing of the motion unless continued for cause shown. An attorney from the Mental Health Advocacy Service shall be appointed to represent the child's interest at such a hearing unless attorneys from such agency are unavailable or the child has retained private counsel who shall represent only the interest of the child.

(2) A motion to modify to impose more restrictive conditions may not be granted without a contradictory hearing unless the parties consent.

C. On its own motion or on oral or written motion of the department, the court may modify a judgment of disposition without a contradictory hearing when the conditions of the disposition are sought to be made less restrictive.

D. Except as provided in Paragraph C of this Article, the motion shall be in writing and set forth in plain and concise terms the facts supporting the modification.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 1982 — LA Code / Code civil-code / Article 1982
Defenses of the promisor
Status: in_force

The promisor may raise against the beneficiary such defenses based on the contract as he may have raised against the stipulator.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 228.1 — LA Code / Code code-of-criminal-procedure / Article 228.1
Disposal of property of prisoners; Orleans Parish
Status: in_force

Any property taken from a prisoner in any of the penal institutions under the jurisdiction of the criminal sheriff for the parish of Orleans shall, after 90 days from the release of said prisoner, be disposed of in the following manner:

(1) There shall be notice of the sheriff's right to dispose of the property in ninety days on the entry of the list of property made at the time the person is incarcerated. Provided however, this provision shall not apply to property in possession of the sheriff at the effective date of this Act.

(2) After the passage of ninety days from the release of the prisoner, and providing the property is not needed for any legal reason by the sheriff, and it remains unclaimed, the criminal sheriff of Orleans Parish may petition the Criminal District Court for the parish of Orleans or any court of proper jurisdiction for the disposal of said property in any lawful manner, at his discretion.

(3) Before the criminal sheriff petitions said court he shall cause an advertisement of his intention to seek approval of the court to be placed in the newspaper designated as the official journal of the city of New Orleans one time at least ten days prior to filing of his petition. In the petition for disposal the sheriff shall set forth a brief description of the items to be disposed of, the court in which the proceedings will be filed, the title of the proceedings, and method or methods of intended disposal.

(4) The petition of the sheriff shall make specific recommendations as to the method of disposal for each item of unclaimed property and pray for the court to order its disposal.

(5) The court shall order the property disposed of in the manner contained in the sheriff's petition or order the disposal of the property in any legal manner within the sole discretion of the court.

(6) The costs of the proceeding to dispose of unclaimed property shall be derived from the disposal of the property as provided under this Article.

(7) Any funds remaining after payment of the cost of the proceedings to dispose of unclaimed property shall be deposited in the criminal court fund account which shall be used in defraying the expenses of the criminal district courts of Orleans Parish.

Added by Acts 1974, No. 285, §1.
La. Code Evid. art. 1102 — LA Code / Code code-of-evidence / Article 1102
Title
Status: in_force

This Code may be known and cited as the "Louisiana Code of Evidence."

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Ch. Code art. 1137 — LA Code / Code childrens-code / Article 1137
Notice of opposition to adoption by alleged or adjudicated father; time limitations; appointment of counsel for the child; scheduling of hearing; paternity testing
Status: in_force

A. An alleged or adjudicated father or his representative, if applicable, may oppose the adoption of his child by filing a clear and written declaration of intention to oppose the adoption. The notice of opposition shall be filed with the court indicated in the notice of filing of surrender within fifteen days after the time he was served with the notice of surrender, or from the time he was served with notice of the filing of an adoption petition in the event that no surrender was executed or filed.

B. Upon receipt of the notice of opposition, the court shall appoint an attorney to represent the child, subject to the limitations set out in Article 1121. Neither the child nor anyone purporting to act on his behalf may be permitted to waive this right. The costs of the child's representation shall be taxed as costs of court.

C. The court shall set the opposition for contradictory hearing, which hearing shall be held within twenty days of the filing of the opposition.

D. Notice of the hearing shall be served in accordance with Articles 1133 and 1134 on the opposing father, the legal custodian, counsel appointed for the child, and the mother of the child through the agency to whom the child was placed or through the attorney who represented the mother in a private surrender unless otherwise waived in the Act of Surrender executed pursuant to Article 1122.

E. If paternity is at issue, on its own motion or motion of any party, the court shall issue an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq. and shall order an expedited report. The hearing resolving this issue shall be held at the earliest time that the results of the testing can be reported to the court.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 797, §1; Acts 1999, No. 720, §1; Acts 2001, No. 567, §1; Acts 2001, No. 910, §1; Acts 2008, No. 583, §1.
La. Ch. Code art. 669 — LA Code / Code childrens-code / Article 669
Physical and mental examination for disposition
Status: in_force

A. Following the adjudication, the court may order such physical and mental examination and evaluation of the child and his parents as may be helpful in determining a fair and just disposition.

B. After giving the parent a reasonable opportunity to be heard, the court may order that such parent shall contribute to the cost of the examination or evaluation in an amount commensurate with the parent's ability to pay.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 86 — LA Code / Code civil-code / Article 86
Marriage; definition
Status: in_force

Marriage is a legal relationship between a man and a woman that is created by civil contract. The relationship and the contract are subject to special rules prescribed by law.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 3669 — LA Code / Code code-of-civil-procedure / Article 3669
Possessory action unavailable between owner of mineral servitude and owner of dependent mineral royalty
Status: in_force

In the event of a dispute between the owner of a mineral servitude and the owner of a mineral royalty burdening or alleged to burden the servitude in question, the possessory action is unavailable to either party, and the only available real action is the petitory action. The burden of proof on the plaintiff in the petitory action is to prove a better title than that of the defendant.

Added by Acts 1974, No. 547, §2, eff. Jan. 1, 1975; Acts 2023, No. 421, §2.