FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 3217 — LA Code / Code civil-code / Article 3217
List of special privileges on particular movables.
Status: in_force

The debts which are privileged on certain movables, are the following:

1. The appointments or salaries of the overseer for the current year, on the crops of the year and the proceeds thereof; debts due for necessary supplies furnished to any farm or plantation, and debts due for money actually advanced and used for the purchase of necessary supplies and the payment of necessary expenses for any farm or plantation, on the crops of the year and the proceeds thereof.

2. The debt of a workman or artisan for the price of his labor, on the movable which he has repaired or made, if the thing continues still in his possession.

3. The rents of immovables and the wages of laborers employed in working the same, on the crops of the year, and on the furniture, which is found in the house let, or on the farm, and on every thing which serves to the working of the farm.

4. The debt, on the pledge which is in the creditor's possession.

5. That of a depositor, on the price of the sale of the thing by him deposited.

6. The debt due for money laid out in preserving the thing.

7. The price due on movable effects, if they are yet in the possession of the purchaser.

8. The things which have been furnished by an innkeeper, on the property of the traveler which has been carried to his inn.

9. The carrier's charges and the accessory expenses, on the thing carried, including necessary charges and expenses paid by carriers; such as taxes, storage and privileged claims required to be paid before moving the thing; and in case the thing carried be lost or destroyed without the fault of the carrier, this privilege for money paid by the carrier shall attach to insurance effected on the thing for the benefit of the owner, provided written notice of the amount so paid by the carrier and for whose account, with a description of the property lost or destroyed, be given to the insurer or his agent within thirty days after the loss, or if it be impracticable to give the notice in that time, it shall be sufficient to give the notice at any time before the money is paid over. The privilege hereinbefore granted to the overseer, the laborers, the furnishers of supplies and the party advancing money necessary to carry on any farm or plantation, shall be concurrent and shall not be divested by any prior mortgage, whether conventional, legal or judicial, or by any seizure and sale of the land while the crop is on it.

The privileges granted by this article, on the growing crop, in favor of the classes of persons mentioned shall be concurrent, except the privilege in favor of the laborer, which shall be ranked as the first privilege on the crop.
La. Civ. Code art. 2036 — LA Code / Code civil-code / Article 2036
Act of the obligor that causes or increases his insolvency
Status: in_force

An obligee has a right to annul an act of the obligor, or the result of a failure to act of the obligor, made or effected after the right of the obligee arose, that causes or increases the obligor's insolvency.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2003, No. 552, §1; Acts 2004, No. 447, §1.
La. Ch. Code art. 773 — LA Code / Code childrens-code / Article 773
Predisposition investigation and report
Status: in_force

Following adjudication, the court may order a predisposition investigation. The investigation shall include inquiring into the circumstances surrounding the factual allegations of the petition and shall gather the information required by Article 744(B). A written report of the investigation and findings shall be submitted to the court prior to the disposition hearing.

Acts 1991, No. 235, §7.
La. Ch. Code art. 811.3 — LA Code / Code childrens-code / Article 811.3
Definitions
Status: in_force

In this Chapter:

(1) "Juvenile crime victim" means a person under the age of eighteen against whom a delinquent act has been committed.

(2) "Victim" means a person against whom an offense that is a delinquent act has been committed.

(3) "Victim's family" means the spouse, child, stepchild, sibling, parent, grandparent, guardian, legal custodian, or legal representative of the victim, except when the person is in custody for an offense or is the defendant.

Acts 1995, No. 522, §1; Acts 1995, No. 835, §1; Acts 1997, No. 732, §2; Acts 2022, No. 271, §8; Acts 2023, No. 448, §1, eff. Jan. 1, 2024.
La. Code Crim. Proc. art. 723 — LA Code / Code code-of-criminal-procedure / Article 723
State reports and other matters not subject to disclosure, favorable evidence
Status: in_force

A. Except as specifically provided in this Chapter, this Chapter does not authorize the discovery or inspection of reports, memoranda, notes, or other internal state documents made by the district attorney or by agents of the state in connection with the investigation or prosecution of the case; or of any document, notes, or other items which contain the mental impressions of any attorney for the state or any investigator working on behalf of such attorney.

B. Notwithstanding any provision to the contrary contained herein, the state shall provide the defendant with any evidence constitutionally required to be disclosed pursuant to Brady v. Maryland , 373 U.S. 83 (1963) and its progeny.

Added by Acts 1977, No. 515, §1; Acts 2013, No. 250, §1.

NOTE: See Acts 2013, No. 250, §2, relative to applicability.
La. Civ. Code art. 2342 — LA Code / Code civil-code / Article 2342
Declaration of acquisition of separate property
Status: in_force

A. A declaration in an act of acquisition that things are acquired with separate funds as the separate property of a spouse may be controverted by the other spouse unless he concurred in the act. It may also be controverted by the forced heirs and the creditors of the spouses, despite the concurrence by the other spouse.

B. Nevertheless, when there has been such a declaration, an alienation, encumbrance, or lease of the thing by onerous title, during the community regime or thereafter, may not be set aside on the ground of the falsity of the declaration.

C.(1) The provision of this Article that prohibits setting aside an alienation, encumbrance, or lease on the ground of the falsity of the declaration of separate property is hereby made retroactive to any such alienation, encumbrance, or lease prior to July 21, 1982.

(2) A person who has a right to set aside such transactions on the ground of the falsity of the declaration, which right is not prescribed or otherwise extinguished or barred upon July 21, 1982, and who is adversely affected by the provisions of this Article, shall have six months from July 21, 1982 to initiate proceedings to set aside such transactions or otherwise be forever barred from exercising such right or cause of action. Nothing contained in this Article shall be construed to limit or prescribe any action or proceeding which may arise between spouses under the provisions of this Article.

Acts 1979, No. 709, §1. Amended by Acts 1980, No. 565, §3; Acts 1982, No. 453, §1; Acts 1995, No. 433, §1.
La. Civ. Code art. 735 — LA Code / Code civil-code / Article 735
Persons acquiring servitude.
Status: in_force

A predial servitude may be acquired for the benefit of the dominant estate by the owner of that estate or by any other person acting in his name or in his behalf.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 3396.7 — LA Code / Code code-of-civil-procedure / Article 3396.7
Trusteeships
Status: in_force

If a trust is created in the testament or a trustee is a legatee, and if concurrence in having an independent administration is required, the trustee shall be deemed to be the legatee authorized to consent to independent administration on behalf of the trust.

Acts 2001, No. 974, §1.
La. Civ. Code art. 1586 — LA Code / Code civil-code / Article 1586
General legacy
Status: in_force

A general legacy is a disposition by which the testator bequeaths a fraction or a certain proportion of the estate, or a fraction or certain proportion of the balance of the estate that remains after particular legacies. In addition, a disposition of property expressly described by the testator as all, or a fraction or a certain proportion of one of the following categories of property, is also a general legacy: separate or community property, movable or immovable property, or corporeal or incorporeal property. This list of categories is exclusive.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 325 — LA Code / Code code-of-criminal-procedure / Article 325
Bail without surety
Status: in_force

A person in custody may be released by order of the court on his personal bail undertaking without the necessity of furnishing a surety, unless otherwise provided in this Title.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Code Civ. Proc. art. 3303 — LA Code / Code code-of-civil-procedure / Article 3303
Petition for authority; tableau of distribution
Status: in_force

A. When a succession representative desires to pay estate debts, he shall file a petition for authority and shall include in or annex to the petition a tableau of distribution listing those estate debts to be paid. A court order shall not be required for the publication of the notice of filing of a tableau of distribution.

B. If the funds in his hands are insufficient to pay all the estate debts in full, the tableau of distribution shall show the total funds available and shall list the proposed payments according to the rank of the privileges and mortgages of the creditors.

Acts 1986, No. 204, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Ch. Code art. 1244 — LA Code / Code childrens-code / Article 1244
Consent of parent
Status: in_force

A. Except as otherwise provided herein, any parent may execute an authentic act consenting to the adoption of his child in an intrafamily adoption, including a waiver of service or notice for any subsequent proceeding.

B. If the parent of a child born of marriage is married to the stepparent petitioner and executes an authentic act of consent, he need not join in the petition nor be served with a copy thereof.

C. The parent of a child born outside of marriage who is married to the petitioning spouse shall join in the petition.

D. Repealed by Acts 1999, No. 1062, §5, eff. Jan. 1, 2000.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1; Acts 1999, No. 1062, §§4, 5, eff. Jan. 1, 2000; Acts 2004, No. 26, §3; Acts 2010, No. 738, §1.
La. Civ. Code art. 608 — LA Code / Code civil-code / Article 608
Dissolution of juridical person; thirty year limitation
Status: in_force

A usufruct established in favor of a juridical person terminates if the juridical person is dissolved or liquidated, but not if the juridical person is converted, merged or consolidated into a successor juridical person. In any event, a usufruct in favor of a juridical person shall terminate upon the lapse of thirty years from the date of the commencement of the usufruct. This Article shall not apply to a juridical person in its capacity as the trustee of a trust.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Civ. Proc. art. 930 — LA Code / Code code-of-civil-procedure / Article 930
Evidence on trial of declinatory and dilatory exceptions
Status: in_force

On the trial of the declinatory exception, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition, the citation, or return thereon.

On the trial of the dilatory exception, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition.
La. Code Civ. Proc. art. 192.1 — LA Code / Code code-of-civil-procedure / Article 192.1
Interpreters for deaf and severely hearing-impaired persons
Status: in_force

A. In all civil cases and in the taking of any deposition where a party or a witness is a deaf or severely hearing-impaired person, the proceedings of the trial shall be interpreted to him in a language that he can understand by a qualified interpreter appointed by the court. The qualification of an interpreter as an expert is governed by the Louisiana Code of Evidence.

B. In any case in which an interpreter is required to be appointed by the court under the provisions of this Article, the court shall not commence proceedings until the appointed interpreter is in court. The interpreter so appointed shall take an oath or affirmation that he will make a true interpretation to the deaf or severely hearing-impaired person of all the proceedings of the case in a language that he understands, and that he will repeat the deaf or severely hearing-impaired person's answer to questions to counsel, court or jury to the best of his skill and judgment.

C.(1) Interpreters appointed in accordance with the provisions of this Article shall be paid an amount determined by the judge presiding. In the event travel of the interpreter is necessary, all of the actual expenses of travel, lodging, and meals incurred by the interpreter in connection with the case at which the interpreter is appointed to serve shall be paid at the same rate applicable to state employees.

(2) The costs of such interpreter shall be borne by the court.

Added by Acts 1968, No. 319, §1. Acts 1988, No. 515, §2, eff. Jan. 1, 1989; Acts 1989, No. 109, §1; Acts 1995, No. 285, §1, eff. June 14, 1995.
La. Code Civ. Proc. art. 3304 — LA Code / Code code-of-civil-procedure / Article 3304
Notice of filing of petition; publication
Status: in_force

Notice of the filing of a petition for authority to pay an estate debt shall be published once in the parish where the succession proceeding is pending in the manner provided by law. The notice shall state that the petition can be homologated after the expiration of seven days from the date of publication and that any opposition to the petition must be filed prior to homologation.

Amended by Acts 1980, No. 280, §1; Acts 1989, No. 116, §1; Acts 1990, No. 65, §1, eff. June 27, 1990; Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Code Evid. art. 411 — LA Code / Code code-of-evidence / Article 411
Liability insurance
Status: in_force

A. Although a policy of insurance may be admissible, the amount of coverage under the policy shall not be communicated to the jury unless the amount of coverage is a disputed issue which the jury will decide.

B. The existence of insurance coverage shall not be communicated to the jury unless any of the following apply:

(1) A factual dispute related to an issue of coverage is an issue which the jury will decide.

(2) The existence of insurance coverage would be admissible to attack the credibility of a witness pursuant to Article 607.

(3) The cause of action is brought against the insurer pursuant to R.S. 22:1892 or against the insurer alone pursuant to R.S. 22:1269(B)(1)(a) through (g).

C. The identity of the insurer shall not be communicated to the jury unless the identity of the insurer would be admissible to attack the credibility of a witness pursuant to Article 607.

D. Repealed by Acts 2024, No. 275, §2.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989; Acts 2020, 1st Ex. Sess., No. 37, §3, eff. Jan. 1, 2021; Acts 2024, No. 3, §3, eff. July 1, 2024; Acts 2024, No. 275, §2.
La. Code Civ. Proc. art. 3571 — LA Code / Code code-of-civil-procedure / Article 3571
Grounds for sequestration
Status: in_force

When one claims the ownership or right to possession of property, or a mortgage, security interest, lien, or privilege thereon, he may have the property seized under a writ of sequestration, if it is within the power of the defendant to conceal, dispose of, or waste the property or the revenues therefrom, or remove the property from the parish, during the pendency of the action.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Code Civ. Proc. art. 2671 — LA Code / Code code-of-civil-procedure / Article 2671
Proceeding against surviving spouse in community
Status: in_force

When a mortgage, security interest, or privilege has been granted on community property to secure an obligation of the community, and one of the spouses in community has died subsequently, an executory proceeding to enforce the mortgage, security agreement, or privilege may be brought against the surviving spouse in community. It shall not be necessary to make the succession representative, heirs, or legatees of the deceased spouse parties to the proceeding.

Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Code Civ. Proc. art. 4703 — LA Code / Code code-of-civil-procedure / Article 4703
Delivery or service when premises abandoned or closed, or whereabouts of tenant or occupant unknown
Status: in_force

If the premises are abandoned or closed, or if the whereabouts of the lessee or occupant is unknown, all notices, process, pleadings, and orders required to be delivered or served on the lessee or occupant under this Title may be attached to a door of the premises, and this shall have the same effect as delivery to, or personal service on, the lessee or occupant.
La. Ch. Code art. 1560 — LA Code / Code childrens-code / Article 1560
Wrongful refusal to consent to medical care and treatment of a child
Status: in_force

Whenever the parent or guardian of a child wrongfully refuses to consent to the medical care and treatment of his child as required by this Chapter, the physician may report the child as a child in need of care in accordance with the provisions of Title VI.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 2605 — LA Code / Code civil-code / Article 2605
Rejection of nonconforming things by the buyer
Status: in_force

A buyer may reject nonconforming things within a reasonable time. The buyer must give reasonable notice to the seller to make the rejection effective. A buyer's failure to make an effective rejection within a reasonable time shall be regarded as an acceptance of the things.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 988 — LA Code / Code code-of-criminal-procedure / Article 988
Motion for fee exemption form to be used
Status: in_force

" STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: ______________Division: "_______"

State of Louisiana

vs.

_______________________________________________________

CERTIFICATION OF FEE WAIVER

To be completed by defendant and submitted to the District Attorney's Office prior to filing. Append completed form to Motion of Expungement at filing only if eligible.

DEFENDANT NAME

DATE OF BIRTH

SSN (last 4 digits)#

XXX-XX-

DATE OF ARREST

DOCKET NUMBER

CHARGE

In accordance with Louisiana Code of Criminal Procedure Article 983, the Office of the District Attorney has reviewed the available databases and determined that (Check all that apply. To be completed by authorized personnel from the District Attorney's Office and returned within 15 days to defendant.) :

□ The arrestee listed above has NO FELONY CONVICTIONS.

AND

□ The arrestee listed above has NO PENDING FELONY CHARGES UNDER A BILL OF INDICTMENT OR INFORMATION.

AND

□ The arrestee listed above WAS ACQUITTED after trial of all charges derived from the arrest listed above, including any lesser and included offense.

OR

□ The arrestee listed above WAS NOT PROSECUTED WITHIN THE TIME LIMITATIONS prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure and the arrestee did not participate in a pretrial diversion program for the arrest listed above.

OR

□ The case involving the arrestee listed above was dismissed or the district attorney declined to prosecute the case prior to the time limitations prescribed in Chapter 1 of Title XVII of the Code of Criminal Procedure, and the arrestee did not participate in a pretrial diversion program.

OR

□ The arrestee listed above has been determined to be factually innocent and entitled to compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8.

OR

□ The arrestee listed above is a juvenile who has successfully completed any juvenile drug court program and is exempt from fees pursuant to Code of Criminal Procedure Article 983(G).

_____________________________________

District Attorney or his designee - Print Name

_______________________________________________________, 20____"

District Attorney or his designee - SignatureDate

Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.
La. Code Civ. Proc. art. 2252 — LA Code / Code code-of-civil-procedure / Article 2252
Delay before proceeding with execution
Status: in_force

A judgment creditor may proceed with the execution of a judgment only after the delay for a suspensive appeal therefrom has elapsed; however, recordation of a judgment in the mortgage records prior to the lapsing of the delay for a suspensive appeal does not begin proceedings for the execution of the judgment.

Acts 1985, No. 523, §1, eff. July 12, 1985.
La. Civ. Code art. 573 — LA Code / Code civil-code / Article 573
Dispensation of security
Status: in_force

A. Security is dispensed with when any of the following occur:

(1) A person has a legal usufruct under Article 223 or 3252.

(2) A surviving spouse has a legal usufruct under Article 890 unless the naked owner is not a child of the usufructuary or if the naked owner is a child of the usufructuary and is also a forced heir of the decedent, the naked owner may obtain security but only to the extent of his legitime.

(3) A parent has a legal usufruct under Article 891 unless the naked owner is not a child of the usufructuary.

(4) A surviving spouse has a legal usufruct under Article 2434 unless the naked owner is a child of the decedent but not a child of the usufructuary.

B. A seller or donor of property under reservation of usufruct is not required to give security.

Acts 1976, No. 103, §1; Acts 2004, No. 158, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Ch. Code art. 1513 — LA Code / Code childrens-code / Article 1513
Venue
Status: in_force

A proceeding brought pursuant to this Chapter may be commenced in the parish in which either:

(1) The parents requesting transfer of custody reside.

(2) The person, agency, or institution to whom the transfer of custody is intended resides.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 14 — LA Code / Code code-of-criminal-procedure / Article 14
Oath or affirmation in criminal proceedings; witness
Status: in_force

A. If a person refuses to take an oath or to make a sworn statement or affidavit required in connection with any criminal proceedings, he may affirm in lieu of swearing, and his affirmation shall fulfill the requirement and shall have the same legal effect as an oath, sworn statement, or affidavit.

B. Before testifying every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.

Acts 1988, No. 515, §3, eff. Jan. 1, 1989.
La. Code Civ. Proc. art. 375 — LA Code / Code code-of-civil-procedure / Article 375
Neglect, failure, or refusal of expert or legal representative to perform a legal duty when ordered to do so, subjects him to punishment for contempt of court
Status: in_force

The neglect, failure, or refusal of an expert appointed by the court, or a legal representative appointed or confirmed by the court, to perform a legal duty when ordered to do so by the court, subjects him to punishment for contempt of the court.
La. Civ. Code art. 2524 — LA Code / Code civil-code / Article 2524
Thing fit for ordinary use
Status: in_force

The thing sold must be reasonably fit for its ordinary use.

When the seller has reason to know the particular use the buyer intends for the thing, or the buyer's particular purpose for buying the thing, and that the buyer is relying on the seller's skill or judgment in selecting it, the thing sold must be fit for the buyer's intended use or for his particular purpose.

If the thing is not so fit, the buyer's rights are governed by the general rules of conventional obligations.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.