FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3095 — LA Code / Code code-of-civil-procedure / Article 3095
Opposition to application for appointment
Status: in_force

The opposition to an application for appointment as administrator shall be filed prior to the hearing on the application and shall be served on the applicant for appointment. This opposition shall comply with Article 2972, and shall allege the prior right of opponent to the appointment, or the grounds on which it is claimed the applicant is disqualified. If the opposition is based on a prior right to the appointment, the opponent shall pray that he be appointed administrator.
La. Ch. Code art. 672.2 — LA Code / Code childrens-code / Article 672.2
Local educational agencies; children placed in group homes and residential facilities
Status: in_force

A. Beginning with applications submitted on July 1, 1999, and thereafter, as a condition of application for an initial license from the Louisiana Department of Health to provide residential treatment, group home care, emergency shelter care, or psychiatric hospital services to youths of school age under the supervision or in the custody of the Department of Public Safety and Corrections, a license applicant shall notify the local educational agency in the parish in which the facility is located of its intention to apply for a license to operate such a facility.

B. Documentation of such notification provided for in Paragraph A shall be submitted to the Louisiana Department of Health as part of the application, and shall include the number of children for which the facility is seeking licensure and the anticipated opening date of the facility.

C. Beginning with applications received on July 1, 1999, and thereafter, upon receipt of an application for initial licensure by the Department of Children and Family Services from an applicant which seeks to provide child residential care, or emergency shelter to children of school age, the Department of Children and Family Services shall provide written notification to the Department of Education of such application for initial licensure within thirty days of receipt of such application, including the parish where the facility seeks to operate.

Acts 1999, No. 1173, §1, eff. July 1, 1999.
La. Civ. Code art. 3188 — LA Code / Code civil-code / Article 3188
Concurrent privileges.
Status: in_force

The creditors who are in the same rank of privileges, are paid in concurrence, that is on an equal footing.*

*"That is on an equal footing" has no counterpart in French text.
La. Code Civ. Proc. art. 1445 — LA Code / Code code-of-civil-procedure / Article 1445
Submission to witness; changes; signing
Status: in_force

When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness unless the parties by stipulation waive the signing or the witness is ill or is absent from the parish where the deposition was taken or cannot be found or refuses to sign. If the deposition is not signed by the witness within thirty days of its submission to him, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed unless on a motion to suppress under Article 1456 the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part. A video deposition does not have to comply with the requirements of reading and signing by the deponents.

Acts 1976, No. 574, §1; Acts 1990, No. 295, §1.
La. Ch. Code art. 1285.15 — LA Code / Code childrens-code / Article 1285.15
Effect of final decree
Status: in_force

If not determined previously, upon a final decree of adoption, the parents of the child are relieved of all their legal duties and divested of all their legal rights with regard to the adopted child, and the adopted child is relieved of all of his legal duties and divested of all his legal rights with regard to the parents, except the right of the child to inherit from his parents. A final decree of adoption automatically entitles the child to United States citizenship under the Intercountry Adoption Act.

Acts 2013, No. 86, §1.
La. Civ. Code art. 2692 — LA Code / Code civil-code / Article 2692
Lessee's obligation to make repairs
Status: in_force

The lessee is bound to repair damage to the thing caused by his fault or that of persons who, with his consent, are on the premises or use the thing, and to repair any deterioration resulting from his or their use to the extent it exceeds the normal or agreed use of the thing.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Ch. Code art. 712 — LA Code / Code childrens-code / Article 712
Sanctions for failure to comply with permanency planning requirements
Status: in_force

Upon determination by the court that the department has failed to comply with any permanency planning requirements, including but not necessarily limited to Chapters 13, 15, and 16 of this Title, the court may:

(1) Subpoena agency witnesses to testify regarding the failure to comply.

(2) Order the agency or appropriate representatives to show cause why a contempt order should not issue.

(3) Order that the agency not seek federal reimbursement for the cost of the child's care where the court finds that reasonable efforts were not made.

(4) Submit a report of noncompliance to appropriate state and federal agencies.

(5) Refer the agency representative found responsible for the failure to comply to the appropriate department personnel for administrative reprimand or other administrative sanctions.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 166 — LA Code / Code code-of-criminal-procedure / Article 166
Receipt for seized property
Status: in_force

When a peace officer seizes property under a warrant he shall give a receipt to the person from whom the property is taken, describing the property in detail. In the absence of such person, the peace officer shall leave the receipt in the place where the property was seized.
La. Civ. Code art. 3535 — LA Code / Code civil-code / Article 3535
Real rights in immovables
Status: in_force

Real rights in immovables situated in this state are governed by the law of this state.

Real rights in immovables situated in another state are governed by the law that would be applied by the courts of that state.

Whether a thing is an immovable is determined according to the substantive law of the state in which the thing is situated.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 3052 — LA Code / Code civil-code / Article 3052
Limitation on right of surety to recover what he paid creditor
Status: in_force

A surety may not recover from the principal obligor more than he paid to secure a discharge, but he may recover by subrogation such attorney's fees and interest as are owed with respect to the principal obligation.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 1950 — LA Code / Code civil-code / Article 1950
Error that concerns cause
Status: in_force

Error may concern a cause when it bears on the nature of the contract, or the thing that is the contractual object or a substantial quality of that thing, or the person or the qualities of the other party, or the law, or any other circumstance that the parties regarded, or should in good faith have regarded, as a cause of the obligation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 4201 — LA Code / Code code-of-civil-procedure / Article 4201
Appointment; oath
Status: in_force

At the time judgment is rendered appointing a tutor, the court shall also appoint a responsible person as undertutor.

Before entering upon the performance of his official duties, the undertutor must take an oath to discharge faithfully the duties of his office.
La. Code Civ. Proc. art. 121 — LA Code / Code code-of-civil-procedure / Article 121
Action brought in improper venue; transfer
Status: in_force

When an action is brought in a court of improper venue, the court may dismiss the action, or in the interest of justice transfer it to a court of proper venue.
La. Ch. Code art. 1175 — LA Code / Code childrens-code / Article 1175
Court approval of uncertified adoptive placement
Status: in_force

Prospective adoptive parents who have not previously obtained a certification for adoption may apply for a court order approving the placement of a child in their home.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Ch. Code art. 772 — LA Code / Code childrens-code / Article 772
Vacation of adjudication
Status: in_force

A. On motion of the child or his caretaker, an adjudication shall be vacated and a new adjudication hearing ordered if, after contradictory hearing, the court finds that:

(1) The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication.

(2) The court making the adjudication lacked jurisdiction.

(3) New evidence not previously discoverable by due diligence requires vacating the adjudication in the interest of justice. A motion based upon this ground must be brought within one year of the adjudication.

B. In the interest of justice, the court may vacate an adjudication prior to disposition.

Acts 1991, No. 235, §7.
La. Code Crim. Proc. art. 815 — LA Code / Code code-of-criminal-procedure / Article 815
Responsive verdicts; in general
Status: in_force

In all cases not provided for in Article 814, the following verdicts are responsive:

(1) Guilty;

(2) Guilty of a lesser and included grade of the offense even though the offense charged is a felony, and the lesser offense a misdemeanor; or

(3) Not Guilty.
La. Ch. Code art. 834.1 — LA Code / Code childrens-code / Article 834.1
Documentation of competency commission
Status: in_force

A. The order appointing the competency commission and setting the contradictory hearing shall also require the clerk of court to provide the members of the commission with:

(1) A copy of the verified complaint.

(2) The names and addresses of the judge, district attorney, and counsel for the child.

(3) All other relevant information as specified by the court.

B. The court shall order the district attorney to provide the police report to the members of the competency commission. The court shall also order the district attorney and counsel for the child to provide to the members of the commission the mental health records, developmental disability records, educational records, and any other additional information regarding the child that is in their possession, and that is relevant to the evaluation of the mental capacity of the child to proceed and that is not protected by the attorney-client privilege.

C. All information required by this Article shall be delivered to the members of the competency commission within five business days after the appointment of the commission. For good cause shown, the court may extend the time of delivery for a period not to exceed fifteen days.

Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
La. Ch. Code art. 1414 — LA Code / Code childrens-code / Article 1414
Order of hearing
Status: in_force

A. Witnesses and evidence tending to show that the child needs to be in a treatment facility shall be presented first.

B. Counsel for the child shall have the opportunity to present evidence and to cross-examine witnesses.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 92 — LA Code / Code civil-code / Article 92
Marriage by procuration prohibited
Status: in_force

A marriage may not be contracted by procuration.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
La. Ch. Code art. 626 — LA Code / Code childrens-code / Article 626
Grounds for continued custody; reasonable efforts; grounds for continued safety plan
Status: in_force

A. The court may authorize continued custody of a child prior to adjudication if there are reasonable grounds to believe the child is in need of care and that continued custody is necessary for the health, welfare, and safety of the child.

B. Except as otherwise provided in Article 672.1, the court shall determine whether the department has made reasonable efforts as defined in Article 603 to prevent or eliminate the need for removal of the child from the home and, after removal, to make it possible for the child to safely return home. The health, welfare, and safety of the child shall be the paramount concern. These determinations shall be supported by findings of fact contained in the continued custody order issued pursuant to Article 627.

C. The court may deem the department to have made reasonable efforts to prevent or eliminate the need for removal if the department's first contact with the family occurred during an emergency which precluded those efforts.

D. The court may authorize the removal of the child even if the department's efforts have not been reasonable if the court determines that removal is necessary to secure the health, welfare, and safety of the child and that additional efforts would not keep the child safe from identified threats of danger. The court may impose any sanctions it deems appropriate pursuant to Article 712.

E. The court may authorize, with the consent of the state, continued implementation of a safety plan prior to the adjudication if there are reasonable grounds to believe that the child is in need of care and that the continued implementation of the safety plan is necessary for the health, welfare, and safety of the child. The safety plan shall continue to set forth conditions as determined or agreed upon by the state as necessary for the protection of the health, welfare, and safety of the child while remaining in the home.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2001, No. 567, §1; Acts 2014, No. 486, §1; Acts 2022, No. 272, §1.
La. Code Civ. Proc. art. 1601 — LA Code / Code code-of-civil-procedure / Article 1601
Discretionary grounds
Status: in_force

A continuance may be granted in any case if there is good ground therefor.
La. Code Civ. Proc. art. 4653 — LA Code / Code code-of-civil-procedure / Article 4653
Parish where proceeding brought
Status: in_force

A. Except as provided in the second paragraph of this article, a concursus proceeding may be brought in any parish of proper venue, under Article 42 only, as to any claimant impleaded therein.

B. If the competing or conflicting claims are for money due or claimed to be due on account of, or otherwise involve, any sale, lease, or other transaction affecting or pertaining to immovable property or any character of interest therein, the proceeding shall be brought in the parish where the immovable property or any part thereof is situated.

Acts 1989, No. 117, §1.
La. Civ. Code art. 2023 — LA Code / Code civil-code / Article 2023
Security for performance
Status: in_force

If the situation of a party, financial or otherwise, has become such as to clearly endanger his ability to perform an obligation, the other party may demand in writing that adequate security be given and, upon failure to give that security, that party may withhold or discontinue his own performance.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1395 — LA Code / Code civil-code / Article 1395
Tacit mortgage abolished.
Status: in_force

The tacit mortgage which resulted from the partition for the execution of all the obligations contained therein, * no longer exists; but the heirs may stipulate a special mortgage.**

* English translation of French text incomplete; should include "or flowing therefrom."

** Note error in English translation of French text; "a special mortgage" should be "an express mortgage, if they see fit."
La. Civ. Code art. 1480 — LA Code / Code civil-code / Article 1480
Nullity due to fraud, duress, or undue influence; severability of valid provision
Status: in_force

When a donation inter vivos or mortis causa is declared null because of undue influence or because of fraud or duress, it is not necessary that the entire act of donation or testament be nullified. If any provision contained in it is not the product of such means, that provision shall be given effect, unless it is otherwise invalid.

Acts 1991, No. 363, §1.
La. Code Civ. Proc. art. 79 — LA Code / Code code-of-civil-procedure / Article 79
Action to dissolve partnership
Status: in_force

An action for the dissolution of a partnership shall be brought in the parish where it has or had its principal business establishment.
La. Ch. Code art. 1026 — LA Code / Code childrens-code / Article 1026
Medical examinations
Status: in_force

A. Upon motion of any party or the court, the court may order physical or mental examination or evaluation of any party whose mental or physical condition is in controversy in accordance with the provisions of Article 1464 of the Louisiana Code of Civil Procedure.

B. The cost of any ordered examination or evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties.

C. The information obtained by an examination or evaluation ordered pursuant to this Article shall not be admissible in any subsequent proceeding for any purpose including impeachment.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 475 — LA Code / Code code-of-criminal-procedure / Article 475
Description of written instruments and printed objects
Status: in_force

When it is necessary to make an averment in an indictment relative to any instrument or object which consists wholly or in part of writing or figures, pictures or designs, it is sufficient to describe the instrument or object by any name or description by which it is usually known or by which it may be identified, or by its purport, without setting forth a copy or facsimile of the whole or any part thereof.
La. Ch. Code art. 1181 — LA Code / Code childrens-code / Article 1181
Adoption records
Status: in_force

The clerks of court shall keep separate indices of all suits filed in accordance with this Title, and shall index these suits in the name of the parties filing the petition and in the name of the child to be adopted.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Ch. Code art. 1303.17 — LA Code / Code childrens-code / Article 1303.17
Communications between tribunals
Status: in_force

A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 2616 — LA Code / Code civil-code / Article 2616
Things in transit, risk of loss
Status: in_force

When the contract requires the seller to ship the things through a carrier, but does not require him to deliver the things at any particular destination, the risk of loss is transferred to the buyer upon delivery of the things to the carrier, regardless of the form of the bill of lading.

When the contract of sale requires the seller to deliver the things at a particular destination, the risk of loss is transferred to the buyer when the things, while in possession of the carrier, are duly tendered to the buyer at the place of destination.

When the parties incorporate well established commercial symbols into their contract, the risk of loss is transferred in accordance with the customary understanding of such symbols.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1610 — LA Code / Code childrens-code / Article 1610
Conditions for placement
Status: in_force

NOTE: Art. 1610 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this Article and with the applicable laws of the receiving state governing the placement of children therein.

B. Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1) The name, date, and place of birth of the child.

(2) The identity and address or addresses of the parents or legal guardian.

(3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child.

(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

C. Any public officer or agency in a receiving state which is in receipt of a notice pursuant to Paragraph B of this Article may request the sending agency or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

D. The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
La. Civ. Code art. 3441 — LA Code / Code civil-code / Article 3441
Transfer of possession
Status: in_force

Possession is transferable by universal title or by particular title.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 503 — LA Code / Code civil-code / Article 503
Island formed by river opening a new channel.
Status: in_force

When a river or stream, whether navigable or not, opens a new channel and surrounds riparian land making it an island, the ownership of that land is not affected.

Acts 1979, No. 180, §1.
La. Civ. Code art. 2752 — LA Code / Code civil-code / Article 2752
Liability for things delivered for shipment.
Status: in_force

They are answerable, not only for what they have actually received in their vessel or vehicle, but also for what has been delivered to them at the port or place of deposit, to be placed in the vessel or carriage.
La. Civ. Code art. 1804 — LA Code / Code civil-code / Article 1804
Liability of solidary obligors between themselves
Status: in_force

Among solidary obligors, each is liable for his virile portion. If the obligation arises from a contract or quasi-contract, virile portions are equal in the absence of agreement or judgment to the contrary. If the obligation arises from an offense or quasi-offense, a virile portion is proportionate to the fault of each obligor.

A solidary obligor who has rendered the whole performance, though subrogated to the right of the obligee, may claim from the other obligors no more than the virile portion of each.

If the circumstances giving rise to the solidary obligation concern only one of the obligors, that obligor is liable for the whole to the other obligors who are then considered only as his sureties.

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