FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1304.2 — LA Code / Code childrens-code / Article 1304.2
Proceeding to determine parentage
Status: in_force

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this Chapter or a law or procedure substantially similar to this Chapter.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 3280 — LA Code / Code civil-code / Article 3280
Mortgage is an indivisible real right
Status: in_force

Mortgage is an indivisible real right that burdens the entirety of the mortgaged property and that follows the property into whatever hands the property may pass.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3396.3 — LA Code / Code code-of-civil-procedure / Article 3396.3
Designation of executor but failure to provide for independent administration by testator
Status: in_force

When a decedent dies testate and his testament designates an executor, but his testament does not provide for independent administration of the estate as provided in this Chapter, all of the general or universal legatees of the decedent may agree to have an independent administration and in the application for filing for probate of the decedent's testament, or thereafter, collectively designate the person named in the testament to serve as independent executor. In such case, the court shall enter an order granting independent administration and appointing the person designated in the application as independent executor.

Acts 2001, No. 974, §1.
La. Civ. Code art. 464 — LA Code / Code civil-code / Article 464
Buildings and standing timber as separate immovables.
Status: in_force

Buildings and standing timber are separate immovables when they belong to a person other than the owner of the ground.

Acts 1978, No. 728, §1.
La. Code Evid. art. 1004 — LA Code / Code code-of-evidence / Article 1004
Admissibility of other evidence of contents
Status: in_force

The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if:

(1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;

(2) Original not obtainable. No original can be obtained by any available judicial process or procedure;

(3) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing;

(4) Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue; or

(5) Impracticality of producing original. The original, because of its location, permanent fixture, or otherwise, cannot as a practical matter be produced in court; or the cost or other consideration to be incurred in securing the original is prohibitive and it appears that a copy will serve the evidentiary purpose.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 882 — LA Code / Code civil-code / Article 882
Representation in direct line of descendants
Status: in_force

Representation takes place ad infinitum in the direct line of descendants. It is permitted in all cases, whether the children of the deceased concur with the descendants of the predeceased child, or whether, all the children having died before him, the descendants of the children be in equal or unequal degrees of relationship to the deceased. For purposes of forced heirship, representation takes place only as provided in Article 1493.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996.
La. Code Crim. Proc. art. 103 — LA Code / Code code-of-criminal-procedure / Article 103
Subpoena of witnesses; testimony; subpoena duces tecum; issuance
Status: in_force

A. The coroner may issue a subpoena or a subpoena duces tecum in the course of an investigation, directing a witness to appear and testify at an open hearing to be held at a time and place designated in the subpoena or directing the production of medical records and other documents relating to a deceased person which are necessary to classify the cause and manner of death. The subpoena shall be served in the same manner and with the same effect as a subpoena for a witness at a trial.

B.(1) The subpoena duces tecum shall be filed in and issued by the district court in the domicile of the coroner, and may be served by a coroner investigator.

(2) Production of the records, or a copy thereof, shall be made at the office of the coroner within five days of service of the subpoena duces tecum.

(3) All records produced pursuant to a subpoena duces tecum issued in accordance with this Paragraph are confidential unless otherwise ordered by the court. However, a subpoena duces tecum for the production of a public record does not alter the public nature of that record.

(4) Any person acting pursuant to and in accordance with the provisions hereof shall be immune from liability for production or disclosure to the coroner of the records identified in the subpoena duces tecum.

(5) Failure to comply with a subpoena duces tecum issued under this Article is punishable as contempt of court.

C. The witness shall be sworn, in accordance with Article 14, by the coroner or another person authorized to administer oaths, and the testimony may be reduced to writing. If the testimony is reduced to writing, the transcript shall be available for inspection by a person requesting it. Failure of a witness to appear is punishable as a constructive contempt of court.

D. No provision of this Article shall be deemed to amend, supersede, or repeal the provisions of R.S. 45:1455 et seq.

Acts 1995, No. 887, §1.
La. Code Civ. Proc. art. 2125.1 — LA Code / Code code-of-civil-procedure / Article 2125.1
Notice of extension of return day granted by clerk of trial court
Status: in_force

When a subsequent extension of the return day is granted by the appellate court in accordance with the provisions of Article 2125, notice thereof shall be given by mail by the clerk of the trial court to counsel of record of all parties, and to parties not represented by counsel. The failure of the clerk of the trial court to mail such notice does not affect the validity of the appeal, nor does any error or defect that is not imputable to the appellant affect the validity of the appeal.

Added by Acts 1976, No. 708, §1.
La. Civ. Code art. 1847 — LA Code / Code civil-code / Article 1847
Debt of a third person and debt extinguished by prescription
Status: in_force

Parol evidence is inadmissible to establish either a promise to pay the debt of a third person or a promise to pay a debt extinguished by prescription.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 553 — LA Code / Code childrens-code / Article 553
Access to child; records; communication
Status: in_force

A. Any attorney representing a child in a child abuse and neglect case as defined herein shall have reasonable access to and the opportunity to consult with the child whenever and wherever necessary in the performance of his duties and shall have ready access to view and copy all medical, mental health, developmental disability, and education records pertaining to his client whether such records are in hard copy or electronic form.

B. The person with whom or facility in which the child is placed shall provide reasonable access and privacy for the purpose of attorney-client consultation.

C. A child shall have the right to communicate in any manner in private with counsel at all times.

Acts 2006, No. 271, §1; Acts 2014, No. 354, §1.
La. Ch. Code art. 1309.2 — LA Code / Code childrens-code / Article 1309.2
Transitional provision
Status: in_force

This Chapter applies to proceedings begun on or after the effective date of this Chapter to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 1336 — LA Code / Code civil-code / Article 1336
Judicial regulation of mode of partition.
Status: in_force

The judge who decides on a suit for a partition and on the mode of effecting it, has a right to regulate this mode as may appear to him most convenient and most advantageous for the general interest of the co-heirs, in conformity, nevertheless, with the following provisions.
La. Code Civ. Proc. art. 5184 — LA Code / Code code-of-civil-procedure / Article 5184
Traverse of affidavits of poverty
Status: in_force

A. An adverse party or the clerk of the court in which the litigation is pending may traverse the facts alleged in the affidavits of poverty, and the right of the applicant to exercise the privilege granted in this Chapter, by a rule against him to show cause why the order of court permitting him to litigate, or to continue the litigation, without paying the costs in advance, or as they accrue, or furnishing security therefor, should not be rescinded. However, only one rule to traverse the affidavit of poverty shall be allowed, whether the rule is filed by an adverse party or the clerk of court.

B. The court shall rescind its order if, on the trial of the rule to traverse, it finds that the litigant is not entitled to exercise the privilege granted in this Chapter.

Acts 1990, No. 179, §1.
La. Code Civ. Proc. art. 4861 — LA Code / Code code-of-civil-procedure / Article 4861
Recusal of judges
Status: in_force

A parish court or city court judge or justice of the peace may recuse himself or be recused for the same reasons and on the same grounds as provided in Article 151.

Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1.
La. Civ. Code art. 885 — LA Code / Code civil-code / Article 885
Basis of partition in cases of representation
Status: in_force

In all cases in which representation is permitted, the partition is made by roots; if one root has produced several branches, the subdivision is also made by roots in each branch, and the members of the same branch take by heads.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Code Civ. Proc. art. 2826 — LA Code / Code code-of-civil-procedure / Article 2826
Definition of certain terms used in Book VI
Status: in_force

Except where the context clearly indicates otherwise, as used in the Articles of this Book:

(1) "Residuary legatee" includes a recipient of a universal legacy or a general legacy, and also includes a residuary heir.

(2) "Residuary heir" is a successor who inherits the residue of a testamentary succession in default of a valid disposition thereof by the testator.

(3) "Succession representative" includes an administrator, provisional administrator, administrator of a vacant succession, executor, and dative testamentary executor.

Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Code Civ. Proc. art. 4204 — LA Code / Code code-of-civil-procedure / Article 4204
Security of tutor, undertutor's duty regarding sufficiency
Status: in_force

The undertutor shall:

(1) Cause the natural tutor to record the legal mortgage in favor of the minor as provided in Article 4134;

(2) Require the tutor to furnish evidence that he has a valid and merchantable title to property offered as security under a special mortgage instead of bond and that the value of the property is at least equal to the amount of security required; otherwise the undertutor shall oppose the tutor's application to furnish a special mortgage; and

(3) Apply to the court for an order compelling the tutor to furnish additional security whenever the security has become insufficient for any reason.
La. Ch. Code art. 1281.7 — LA Code / Code childrens-code / Article 1281.7
Persons whose consent is required
Status: in_force

A. The parental rights of the parents of any child who has qualified as a foreign orphan or a convention adoptee are deemed to be terminated and no further consent to adoption or relinquishment of parental rights shall be required.

B. Consent to the adoption shall be required of any custodial or supervisory agency which has placed the foreign orphan for adoption, except that the court may grant the adoption without the consent of an agency if the court finds that the adoption is in the best interest of the child and that the agency has unreasonably withheld its consent.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Ch. Code art. 1617 — LA Code / Code childrens-code / Article 1617
Construction and severability
Status: in_force

NOTE: Art. 1617 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. The provisions of this compact shall be liberally construed to effectuate the purposes thereof.

B. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
La. Civ. Code art. 1969 — LA Code / Code civil-code / Article 1969
Cause not expressed
Status: in_force

An obligation may be valid even though its cause is not expressed.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1216 — LA Code / Code childrens-code / Article 1216
Petition for final decree
Status: in_force

A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of agency adoption.

B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 2436 — LA Code / Code civil-code / Article 2436
Nonheritable right; prescription.
Status: in_force

The right of the surviving spouse to claim the marital portion is personal and nonheritable. This right prescribes three years from the date of death.

Acts 1979, No. 710, §1.
La. Ch. Code art. 880 — LA Code / Code childrens-code / Article 880
Right to present evidence and examine witnesses
Status: in_force

A. Among other rights guaranteed by Chapter 3 of this Title, at the adjudication hearing the child may introduce evidence, call witnesses, be heard on his own behalf, and cross-examine witnesses called by the state.

B. When a child has contested an adjudication based on his insanity, the members of the sanity commission may be called as witnesses by the court, the child, or the district attorney. Regardless of who calls them as witnesses, the members of the commission are subject to cross-examination by the child, by the district attorney, and by the court.

C. Other evidence pertaining to the defense of insanity at the time of the offense may be introduced at the adjudication hearing by the child and by the district attorney.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 167 — LA Code / Code code-of-criminal-procedure / Article 167
Custody of seized property; disposition
Status: in_force

When property is seized pursuant to a search warrant, it shall be retained under the direction of the judge. If seized property is not to be used as evidence or is no longer needed as evidence, it shall be disposed of according to law, under the direction of the judge.
La. Ch. Code art. 1306.13 — LA Code / Code childrens-code / Article 1306.13
Jurisdiction to modify child support order of another state when individual parties reside in this state
Status: in_force

A. If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

B. A tribunal of this state exercising jurisdiction under this Article shall apply the provisions of Sections 1 and 2, this Section, and the procedural and substantive laws of this state to the proceeding for enforcement or modification. Sections 3, 4, 5, 7, and 8 do not apply.

Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 4911 — LA Code / Code code-of-civil-procedure / Article 4911
Jurisdiction in justice of the peace courts; concurrent with district court; amount in dispute
Status: in_force

A. The civil jurisdiction of a justice of the peace court is concurrent with the district court in cases where the amount in dispute does not exceed five thousand dollars.

B. For the purpose of this Chapter, the amount in dispute is determined by the amount demanded or value asserted in good faith by the plaintiff, but does not include interest, court costs, attorney fees, or penalties, whether provided by agreement or by law.

C. If the demand asserted in a good faith amended or supplemental pleading, or in any good faith incidental demand or any other pleading, exceeds the jurisdiction of the court, the court shall transfer the action to a court of proper jurisdiction.

Acts 1992, No. 692, §1; Acts 1999, No. 151, §1; Acts 1999, No. 678, §1; Acts 2005, No. 43, §1; Acts 2008, No. 338, §1.
La. Code Civ. Proc. art. 3287 — LA Code / Code code-of-civil-procedure / Article 3287
Household goods
Status: in_force

A succession representative may sell household goods at prices not less than the appraised value of such goods in the succession inventory or descriptive list by obtaining an order authorizing sales, from time to time, for such prices as the succession representative shall determine. No advertisement shall be necessary, and the order authorizing such sales may be rendered upon the filing of the petition. Household goods shall include furniture, furnishings, appliances, linen, and clothing. If the succession representative desires to sell household goods for less than the appraised value, advertisement shall be required.

Acts 1985, No. 724, §1.
La. Civ. Code art. 2315.1 — LA Code / Code civil-code / Article 2315.1
Survival action
Status: in_force

A. If a person who has been injured by an offense or quasi offense dies, the right to recover all damages for injury to that person, his property or otherwise, caused by the offense or quasi offense, shall survive for a period of one year from the death of the deceased or two years from the day that injury or damage is sustained, whichever is longer, in favor of:

(1) The surviving spouse and child or children of the deceased, or either the spouse or the child or children.

(2) The surviving father and mother of the deceased, or either of them if he left no spouse or child surviving.

(3) The surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving.

(4) The surviving grandfathers and grandmothers of the deceased, or any of them, if he left no spouse, child, parent, or sibling surviving.

B. In addition, the right to recover all damages for injury to the deceased, his property or otherwise, caused by the offense or quasi offense, may be urged by the deceased's succession representative in the absence of any class of beneficiary set out in Paragraph A.

C. The right of action granted under this Article is heritable, but the inheritance of it neither interrupts nor prolongs the prescriptive period defined in this Article.

D.(1) As used in this Article, the words "child", "brother", "sister", "father", "mother", "grandfather", and "grandmother" include a child, brother, sister, father, mother, grandfather, and grandmother by adoption, respectively.

(2) As used in this Article, the words "child", "brother", and "sister" include a child, brother, or sister given in adoption, respectively.

E. For purposes of this Article, a father or mother who has abandoned the deceased during his minority is deemed not to have survived him. Abandonment is presumed when the father or mother has left his child for a period of at least twelve months and the father or mother has failed to provide for the child's care and support, without just cause, thus demonstrating an intention to permanently avoid parental responsibility.

F. The prescriptive period for medical malpractice survival actions is governed by R.S. 9:5628.

Acts 1986, No. 211, §2; Acts 1987, No. 675, §1; Acts 1997, No. 1317, §1, eff. July 15, 1997; Acts 2022, No. 718, §1; Acts 2025, No. 176, §1; Acts 2025, No. 488, §1.
La. Civ. Code art. 2779 — LA Code / Code civil-code / Article 2779
Applicability of the rules governing obligations
Status: in_force

In all matters for which no special provision is made in this Title, an onerous annuity contract is governed by the Titles of Obligations in General and Conventional Obligations or Contracts, and when the contract provides for delivery of a thing other than money, it is governed by the Title of Sales. A gratuitous annuity contract is governed by the Title of Donations.

Acts 2012, No. 258, §1, eff. Jan. 1, 2013.
La. Code Civ. Proc. art. 5051 — LA Code / Code code-of-civil-procedure / Article 5051
Liberal construction of articles
Status: in_force

The articles of this Code are to be construed liberally, and with due regard for the fact that rules of procedure implement the substantive law and are not an end in themselves.
La. Civ. Code art. 3166 — LA Code / Code civil-code / Article 3166
Modification as default by pledgor
Status: in_force

The pledgor and pledgee may agree that a modification or termination of the contract from which a pledged obligation of a third person arises, or the substitution of a new contract, is a default by the pledgor.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 2726 — LA Code / Code civil-code / Article 2726
Amendment
Status: in_force

An amendment to a provision of the lease contract that is made without an intent to effect a novation does not create a new lease.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.