FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1022 — LA Code / Code childrens-code / Article 1022
Service; nonresident parent
Status: in_force

If a parent against whom a proceeding is instituted does not reside within this state, service of citation shall be made by registered or certified mail to the address indicated in the petition, return receipt required, not less than five days prior to commencement of the hearing on the matter.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2021, No. 158, §1.
La. Code Civ. Proc. art. 4064 — LA Code / Code code-of-civil-procedure / Article 4064
Dative tutor
Status: in_force

The court shall appoint a dative tutor under the circumstances provided by law and in the manner provided in Articles 4065 through 4068.
La. Civ. Code art. 1353 — LA Code / Code civil-code / Article 1353
Inclusion of property collated in kind.
Status: in_force

If the collation is to be made in kind, the officer is bound to include the property collated in the number of the effects of the succession, for its estimated value, which shall have been fixed by experts appointed by the judge, as is said heretofore.
La. Civ. Code art. 1855 — LA Code / Code civil-code / Article 1855
Performance by a third person
Status: in_force

Performance may be rendered by a third person, even against the will of the obligee, unless the obligor or the obligee has an interest in performance only by the obligor.

Performance rendered by a third person effects subrogation only when so provided by law or by agreement.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1302.5 — LA Code / Code childrens-code / Article 1302.5
Continuing exclusive jurisdiction to modify child support order
Status: in_force

A. A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:

(1) At the time of the filing of a request for modification, this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or

(2) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.

B. A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:

(1) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or

(2) Its order is not the controlling order.

C. If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that Act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

D. A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

E. A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

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. Code Crim. Proc. art. 314 — LA Code / Code code-of-criminal-procedure / Article 314
Authority to fix bail; bail order
Status: in_force

A. The following magistrates, throughout their several territorial jurisdictions, shall have authority to fix bail:

(1) District courts and their commissioners having criminal jurisdiction, in all cases.

(2) City or parish courts and municipal and traffic courts of New Orleans having criminal jurisdiction, in cases not capital.

(3) Mayor's courts and traffic courts in criminal cases within their trial jurisdiction.

(4) Juvenile and family courts in criminal cases within their trial jurisdiction.

(5) Justices of the peace in cases not capital or necessarily punishable at hard labor.

B. An order fixing bail shall be in writing, set the type and a single amount of bail for each charge, designate the officer or officers authorized to accept the bail, and shall be signed electronically or by any other means by the magistrate. An order fixing bail may issue on request of the state or defendant, or on the initiative of the magistrate.

Amended by Acts 1974, Ex.Sess. No. 18, §1, eff. Jan. 1, 1975; Acts 1981, No. 438, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, 1, eff. Jan. 1, 2017.
La. Code Civ. Proc. art. 2296 — LA Code / Code code-of-civil-procedure / Article 2296
Reduction of excessive seizure
Status: in_force

If several items of property have been seized, or if one item of property which is divisible into portions has been seized, and if the value of the property seized exceeds what is reasonably necessary to satisfy the judgment, including interest and costs, the judgment debtor may obtain the release of the excess items or portion by contradictory motion filed not less than ten days before the day fixed for the sale.

The judgment debtor may not obtain the release of property on which the judgment creditor has a mortgage, or a privilege other than that resulting from the seizure.
La. Ch. Code art. 1285.16 — LA Code / Code childrens-code / Article 1285.16
Change of name; issuance of birth certificate
Status: in_force

The full name of the adopted child may be changed in the final decree of adoption and, if changed, the surname shall be the same as that of the adoptive parent. In accordance with R.S. 40:79, the clerk of court shall forward, on a form supplied by the Department of Children and Family Services, his certificate of the decree to the state registrar, who shall make a new certificate of live birth of the person adopted, in the new name if the name has been changed in the decree.

Acts 2013, No. 86, §1.
La. Civ. Code art. 1997 — LA Code / Code civil-code / Article 1997
Obligor in bad faith
Status: in_force

An obligor in bad faith is liable for all the damages, foreseeable or not, that are a direct consequence of his failure to perform.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 632 — LA Code / Code childrens-code / Article 632
Time for filing of petition; child in custody
Status: in_force

A. If a child is continued in custody prior to adjudication, or if a protective order is issued, a petition requesting that the child be adjudicated in need of care shall be filed within thirty days of the hearing to determine continued custody. If the child remains in the home and a safety plan order has been issued, a petition requesting that the child be adjudicated in need of care shall be filed within forty-five days of the issuance of the safety plan order.

B. Upon a showing of good cause and notice to all parties, the court may grant, deny, or restrict a requested extension of the time for filing a petition in accordance with the best interests of the child. If an extension is granted, the court shall issue a written order reciting the particular facts justifying the extension.

C. If no petition is filed within the applicable time period, the child shall be returned to the parent or the safety plan shall automatically be terminated.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2014, No. 486, §1.
La. Ch. Code art. 512 — LA Code / Code childrens-code / Article 512
Composition of the multidisciplinary investigative team
Status: in_force

A. The permanent members of the multidisciplinary investigative team shall include governmental entities and other professions with an expertise in evaluating child abuse.

B. Governmental entities that have responsibilities imposed by law for the investigation of child abuse include:

NOTE: Paragraph B(1) eff. until October 1, 2027. See Acts 2025, No. 477.

(1) The office of children and family services, Department of Children and Family Services.

NOTE: Paragraph B(1) as amended by Acts 2025, No. 477, eff. October 1, 2027.

(1) The office of child welfare, Department of Children and Family Services.

(2) The district attorney.

(3) The sheriff and any other law enforcement agency having responsibility in the district for the investigation of child abuse.

(4) The coroner or his designee who is a licensed medical professional with experience in the investigation of child abuse or the evaluation of child victims.

C. Professionals whose expertise can contribute significantly to the investigation and evaluation of allegations of child abuse or to the provision of services to child victims and their families include:

(1) A licensed medical professional with experience in the investigation of child abuse or the evaluation of child victims.

(2) A licensed mental health professional with experience in the investigation of child abuse or the evaluation of child victims.

(3) A representative of a child advocacy center that serves the judicial district or if no center exists within the district, a child advocate who is appointed by the juvenile court, or if there is no juvenile court, the division of the district court that hears juvenile cases, to ensure that the best interests of children remain at the forefront of planning and decisionmaking.

(4) A representative of any community agency or other professional who is knowledgeable about child abuse and who might contribute to the decisionmaking process involving the investigation, evaluation or treatment of child victims of abuse.

(5) The victim assistance coordinator of the judicial district.

D. As needed for a particular child abuse case, the team may include an ad hoc representative of any other community agency or a professional who can contribute to the investigation of the specific case or types of cases.

Acts 2003, No. 749, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
La. Civ. Code art. 3450 — LA Code / Code civil-code / Article 3450
Express or tacit renunciation
Status: in_force

Renunciation may be express or tacit. Tacit renunciation results from circumstances that give rise to a presumption that the advantages of prescription have been abandoned.

Nevertheless, with respect to immovables, renunciation of acquisitive prescription must be express and in writing.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 1732 — LA Code / Code civil-code / Article 1732
Tender by defendant in action of rescission.
Status: in_force

The defendant in the action of rescission may arrest it by offering to the plaintiff the supplement of the portion to which he has a right.
La. Civ. Code art. 673 — LA Code / Code civil-code / Article 673
Common wall servitude.
Status: in_force

A landowner who builds first may rest one-half of a partition wall on the land of his neighbor, provided that he uses solid masonry at least as high as the first story and that the width of the wall does not exceed eighteen inches, not including the plastering which may not be more than three inches in thickness.

Acts 1977, No. 514, §1.
La. Civ. Code art. 966 — LA Code / Code civil-code / Article 966
Acceptance or renunciation of accretion
Status: in_force

A person to whom succession rights accrete may accept or renounce all or part of the accretion. The acceptance or renunciation of the accretion need not be consistent with his acceptance or renunciation of other succession rights.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 1912 — LA Code / Code civil-code / Article 1912
Aleatory contracts
Status: in_force

A contract is aleatory when, because of its nature or according to the parties' intent, the performance of either party's obligation, or the extent of the performance, depends on an uncertain event.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1590 — LA Code / Code civil-code / Article 1590
Testamentary accretion
Status: in_force

Testamentary accretion takes place when a legacy lapses.

Accretion takes place according to the testament, or, in the absence of a governing testamentary provision, according to the following Articles.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 3224 — LA Code / Code code-of-civil-procedure / Article 3224
Continuation of business
Status: in_force

When it appears to the best interest of the succession, and after compliance with Article 3229, the court may authorize a succession representative to continue any business of the deceased for the benefit of the succession; but if the deceased died testate and his succession is solvent, the order of court shall be subject to the provisions of the testament. This order may contain such conditions, restrictions, regulations, and requirements as the court may direct.
La. Ch. Code art. 1426 — LA Code / Code childrens-code / Article 1426
Right to hearing
Status: in_force

A. Prior to or during confinement under the provisions of this Title, any minor or his attorney shall have the right to demand a judicial hearing to determine if probable cause exists for his continued confinement under an emergency certificate.

B. The hearing shall be held within five days of the filing of the petition.

C. Pending the decision of the court, the minor patient shall remain confined unless the court orders release or a less restrictive status.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 5091 — LA Code / Code code-of-civil-procedure / Article 5091
Appointment; contradictory proceedings against attorney; improper designation immaterial
Status: in_force

A. The court shall appoint an attorney at law to represent the defendant, on the petition or ex parte written motion of the plaintiff, when:

(1) It has jurisdiction over the person or property of the defendant, or over the status involved, and the defendant is:

(a) A nonresident or absentee who has not been served with process, either personally or through an agent for the service of process, and who has not waived objection to jurisdiction.

(b) An unemancipated minor or mental incompetent who has no legal representative, and who may be sued through an attorney at law appointed by the court to represent him.

(c) Deceased and no succession representative has been appointed.

(2) The action of proceeding is in rem and:

(a) The defendant is dead, no succession representative has been appointed, and his heirs and legatees have not been sent into possession judicially.

(b) The defendant is a corporation, a limited liability company, or partnership on which process cannot be served for any reason.

(c) The defendant's property is under the administration of a legal representative, but the latter has died, resigned, or been removed from office and no successor thereof has qualified, or has left the state permanently without appointing someone to represent him.

B. All proceedings against such a defendant shall be conducted contradictorily against the attorney at law appointed by the court to represent him. For the limited purpose of any such action or proceeding, the appointed attorney at law shall be the proper representative of the succession of any such decedent to the same extent as if he were the regularly appointed and duly qualified administrator or executor in such decedent's succession.

C. The improper designation of the attorney appointed by the court to represent such a defendant as curator ad hoc, tutor ad hoc, special tutor, or any other title, does not affect the validity of the proceeding.

D. The improper designation of a defendant for whom an attorney has been appointed by the court in an action or proceeding in rem under Paragraph (A)(2) of this Article shall not affect the validity of the proceedings and any judgment rendered therein shall be binding upon the parties and property involved in the action or proceeding in rem. Therefore, naming an attorney to represent the unopened succession of the defendant, the succession of the defendant, the estate of the defendant, the deceased defendant, or any other similar designation or appellation shall satisfy the requirements of Paragraph (A)(2)(a). The designation of a corporation or a partnership by a name sufficient to identify the same to a reasonably prudent man, regardless of any errors which it might contain, shall satisfy the requirements of Paragraph (A)(2)(b).

Amended by Acts 1964, No. 4, §1; Acts 1991, No. 366, §1, eff. July 6, 1991; Acts 1992, No. 584, §2; Acts 1997, No. 578, §1; Acts 1999, No. 145, §2.
La. Civ. Code art. 887 — LA Code / Code civil-code / Article 887
Representation of decedent whose succession was renounced
Status: in_force

One who has renounced his right to succeed to another may still enjoy the right of representation with respect to that other.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Code Civ. Proc. art. 1795 — LA Code / Code code-of-civil-procedure / Article 1795
Jury request to review testimony
Status: in_force

If the jury, after retiring for deliberation, requests a review of certain testimony, they shall be conducted to the courtroom. After giving notice to the parties, the court may have the requested testimony read to the jury.

Acts 1983, No. 534, §7; Acts 2021, No. 259, §2.
La. Civ. Code art. 3128 — LA Code / Code civil-code / Article 3128
Interest and costs
Status: in_force

The arbitrators may likewise pronounce by their award on the interest and costs; but their silence on that subject is not a cause of nullity. If legal interest would have been payable by law from date of judicial demand, such legal interest awarded by the arbitrators shall attach from the date the matter was submitted to arbitration.

Acts 1985, No. 571, §1.
La. Civ. Code art. 3267 — LA Code / Code civil-code / Article 3267
Special privileges on immovables and other privileges
Status: in_force

If the immovables of the debtor are subject to vendor's privileges or other special privileges, the vendors and creditors having other special privileges shall be paid from the price of the object affected in their favor, in preference to other privileged debts of the debtor, even funeral charges, except the charges for affixing seals, making inventories, and others which may have been necessary to procure the sale of the thing.

Amended by Acts 2019, No. 325, §2, eff. Jan. 1, 2020.
La. Code Civ. Proc. art. 288 — LA Code / Code code-of-civil-procedure / Article 288
Functions which district court clerk may exercise on holiday
Status: in_force

The only functions which a clerk of a district court may exercise on a legal holiday are:

(1) The signing of an order for the issuance of a writ of attachment or of sequestration by a clerk of a district court other than the Civil District Court for the Parish of Orleans; and

(2) The issuance of a writ of attachment, sequestration, or injunction.
La. Code Crim. Proc. art. 648.1 — LA Code / Code code-of-criminal-procedure / Article 648.1
Information required prior to admission
Status: in_force

No superintendent of an institution shall admit a defendant found by the court to lack the mental capacity to proceed pursuant to Article 648 unless he is furnished by the court the following information:

(1) The name and address of the defendant's attorney.

(2) The crime or crimes with which the defendant is charged and the date of such charge or charges.

(3) A copy of the report of the sanity commission.

(4) Any other pertinent information concerning the defendant's health which has come to the attention of the court such as injuries sustained at the time of arrest or injuries sustained following incarceration.

(5) A copy of the defendant's criminal history record.

(6) A copy of the police report concerning the charged offense.

(7) A copy of the judgment and order specifying the nature and purpose of the commitment or recommitment to the state institution.

Acts 1975, No. 325, §2; Acts 1990, No. 754, §1; Acts 1992, No. 399, §1.
La. Code Civ. Proc. art. 2294 — LA Code / Code code-of-civil-procedure / Article 2294
Time for seizure; return
Status: in_force

A seizure may be made under a writ of fieri facias only within one year from the date of its issuance.

At the expiration of that time the sheriff shall make a return on the writ unless a seizure has been made within the time. If a seizure has been made the sheriff shall proceed with the sale and thereupon make a return.
La. Civ. Code art. 3195 — LA Code / Code civil-code / Article 3195
LAW CHARGES
Status: in_force

Art. 3195. Law charges, definition.

Law charges are such as are occasioned by the prosecution of a suit before the courts. But this name applies more particularly to the costs, which the party cast has to pay to the party gaining the cause. It is in favor of these only that the laws [law] grants the privilege.
La. Civ. Code art. 2901 — LA Code / Code civil-code / Article 2901
Retaking before or after conclusion of use or expiration of time
Status: in_force

The lender may demand the return of the thing lent after expiration of the term and, in the absence of a term, after conclusion of the use for which the thing was lent. In case of urgent and unforeseen need, the lender may demand the return of the thing at any time.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 1843 — LA Code / Code code-of-civil-procedure / Article 1843
Default judgment
Status: in_force

A default judgment is that which is rendered against a defendant who fails to plead within the time prescribed by law.

Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
La. Code Civ. Proc. art. 3543 — LA Code / Code code-of-civil-procedure / Article 3543
Issuance of a writ of attachment before debt due
Status: in_force

A writ of attachment may be obtained before the debt sued upon is due. If the debt is paid when it becomes due, the costs of the seizure shall be paid by the plaintiff.
La. Civ. Code art. 512 — LA Code / Code civil-code / Article 512
Effect of bad faith.
Status: in_force

If the person who made the new thing was in bad faith, the court may award its ownership to the owner of the materials.

Acts 1979, No. 180, §1.
La. Civ. Code art. 899 — LA Code / Code civil-code / Article 899
Nearest in degree among more remote relations
Status: in_force

Among the successors in each class the nearest relation to the deceased, according to the following articles, is called to succeed.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Code Civ. Proc. art. 3295 — LA Code / Code code-of-civil-procedure / Article 3295
Giving in payment of succession property
Status: in_force

The executor or administrator may transfer by a giving in payment any succession property in satisfaction of secured or unsecured debts. The property may be taken in indivision by the secured or unsecured creditors, or both.

Acts 1988, No. 564, §1; Acts 1997, No. 1421, §7, eff. July 1, 1999; Acts 2003, No. 545, §1.
La. Code Civ. Proc. art. 742 — LA Code / Code code-of-civil-procedure / Article 742
Trust estate
Status: in_force

The trustee of an express trust is the proper defendant in an action to enforce an obligation against a trust estate.
La. Code Civ. Proc. art. 531 — LA Code / Code code-of-civil-procedure / Article 531
Actions pending in Louisiana court or courts
Status: in_force

When two or more actions are pending in a Louisiana court or courts on the same transaction or occurrence, between the same parties in the same capacities, the defendant may have all but the first action dismissed by excepting thereto as provided in Article 925. When the defendant does not so except, the plaintiff may continue the prosecution of any of the actions, but the first final judgment rendered shall be conclusive of all.

Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 2023, No. 5, §1.