FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1034 — LA Code / Code childrens-code / Article 1034
Right to present evidence and examine witnesses
Status: in_force

A. Among other rights expressly guaranteed by this Title or by due process of law, at the hearing the parent may introduce evidence, call witnesses, be heard on his own behalf, and cross-examine witnesses called by the petitioner or the child.

B. Among other rights expressly guaranteed by this Title or by due process of law, at the hearing the child may introduce evidence, call witnesses, and cross-examine witnesses called by the petitioner or by the parent.

C. If competent, the child may be heard on his own behalf. Any testimony given by a child may be taken by a videotaped interview or by closed circuit television, as authorized by Title 3, Chapter 8 of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.

D. Testimony or other evidence relevant to the abuse or neglect of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of communications between an attorney and his client or communications between a priest, rabbi, duly ordained minister, or Christian Science practitioner and his communicant.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
La. Ch. Code art. 1269.8 — LA Code / Code childrens-code / Article 1269.8
Enforcement of continuing contact agreement; modification
Status: in_force

A. Unless another court has jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, the court shall retain jurisdiction after the decree of adoption is entered for the purpose of hearing motions brought to enforce, modify, or terminate an agreement entered into pursuant to the provisions of this Chapter. For the convenience of the parties and the witnesses and in the interest of justice, the court, upon contradictory motion or upon its own motion after notice and hearing, may transfer the proceeding to another juvenile court in the state.

B. Before hearing such a motion, the court shall refer the parties to mediation in accordance with Title IV, Chapter 6 of this Code. Only if the court finds that the party seeking relief has participated or attempted to participate in good faith in mediating the dispute, may it proceed to a determination on the merits of the motion.

C. If the child is twelve years of age or older, the court shall solicit and consider the child's wishes in the matter.

D. The court shall order continuing compliance in accordance with the agreement and refuse to modify or terminate it unless it finds that there has been a change of circumstances and the agreement no longer serves the best interest of the child.

Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §2.
La. Civ. Code art. 3439 — LA Code / Code civil-code / Article 3439
Termination of precarious possession
Status: in_force

A co-owner, or his universal successor, commences to possess for himself when he demonstrates this intent by overt and unambiguous acts sufficient to give notice to his co-owner.

Any other precarious possessor, or his universal successor, commences to possess for himself when he gives actual notice of this intent to the person on whose behalf he is possessing.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 3004 — LA Code / Code civil-code / Article 3004
Obligation to deliver; right of retention
Status: in_force

The mandatary is bound to deliver to the principal everything he received by virtue of the mandate, including things he received unduly.

The mandatary may retain in his possession sufficient property of the principal to pay the mandatary's expenses and remuneration.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Civ. Proc. art. 2031 — LA Code / Code code-of-civil-procedure / Article 2031
Revival of judgments
Status: in_force

A. A money judgment may be revived at any time before it prescribes by an interested party by the filing of an ex parte motion brought in the court and suit in which the judgment was rendered. The filing of the motion to revive interrupts the prescriptive period applicable to the judgment. The motion to revive judgment shall be accompanied by an affidavit of the holder and owner of the judgment, stating that the original judgment has not been satisfied. A judgment shall thereupon be rendered reviving the original judgment. No citation or service of process of the motion to revive shall be required. The court may order the judgment debtor to pay additional court costs and reasonable attorney fees in connection with the judgment revival action. Notice of signing of the judgment of revival shall be mailed by the clerk of court to the judgment debtor at his last known address as reflected in the suit record.

B. At any time after the signing of the judgment of revival, the judgment debtor may, by contradictory motion, have the judgment of revival annulled, upon showing that the judgment which has been revived was in fact satisfied prior to the signing of the judgment of revival. If the judgment debtor proves that the judgment has been satisfied prior to the filing of the motion to revive the judgment, the holder or owner of the judgment shall pay all court costs, fees, and attorney fees incurred by the judgment debtor in opposing the ex parte order of revival and the cancellation of the judgment from the mortgage records.

Acts 2003, No. 806, §1; Acts 2005, No. 205, §1, eff. Jan. 1, 2006.
La. Code Civ. Proc. art. 5053 — LA Code / Code code-of-civil-procedure / Article 5053
Words and phrases
Status: in_force

Words and phrases are to be read in their context, and are to be construed according to the common and approved usage of the language employed.

The word "shall" is mandatory, and the word "may" is permissive.
La. Civ. Code art. 1242 — LA Code / Code civil-code / Article 1242
Collation; succession of donor.
Status: in_force

The collation is made only to the succession of the donor.

Amended by Acts 1980, No. 565, §4.
La. Code Civ. Proc. art. 4546 — LA Code / Code code-of-civil-procedure / Article 4546
Fixing of hearings or trial
Status: in_force

A hearing or trial in an interdiction proceeding shall be fixed and notice shall be served in the manner prescribed for summary proceedings. In addition, such notice shall be served on the defendant in the manner prescribed by Article 4543(A). Except as provided in Article 4549, the petitioner shall mail a copy of the order fixing a hearing or trial by first-class United States mail, postage prepaid, to the last known address of each other person named in the petition at least ten days prior to the hearing. Failure to mail a copy of the order to any such person shall not affect the validity of the proceeding, but may subject the petitioner or his attorney to sanctions.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001.
La. Ch. Code art. 1447 — LA Code / Code childrens-code / Article 1447
Burden of proof; order
Status: in_force

A. If the court finds by clear and convincing evidence that the minor respondent is dangerous to himself or others or is gravely disabled as a result of substance abuse or mental illness, it shall render a judgment for his commitment to a designated treatment facility which is medically suitable and least restrictive of his liberty.

B. The court order shall order a suitable person to convey the minor to the treatment facility and deliver respondent, together with a copy of the judgment and certificates, to the director.

C. In appointing a person to execute the order, the court should give preference to a near relative or friend of the minor.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3508 — LA Code / Code code-of-civil-procedure / Article 3508
Amount of security for release of attached or sequestered property
Status: in_force

The security for the release of property seized under a writ of attachment or of sequestration shall exceed by one-fourth the value of the property as determined by the court, or shall exceed by one-fourth the amount of the claim, whichever is the lesser.
La. Ch. Code art. 882 — LA Code / Code childrens-code / Article 882
Adjudication by the court
Status: in_force

The adjudication hearing shall be held before the court without a jury.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 1219 — LA Code / Code childrens-code / Article 1219
Change of name
Status: in_force

The full name of the adopted child may be changed in the final decree of agency adoption and, if changed, the surname shall be the same as that of the adoptive parent.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Ch. Code art. 840 — LA Code / Code childrens-code / Article 840
Form of agreement
Status: in_force

A. An informal adjustment agreement shall set forth in writing the terms and conditions of the child's supervision during the term specified in the agreement. It shall be signed by the district attorney or the probation officer and by the child and his parents.

B. It must demonstrate that the child and his parents understand the child's right to an adjudication hearing on the offense. It must also demonstrate that they consent to the terms of the adjustment agreement with knowledge that their consent is not obligatory and with knowledge of the effect of the agreement as set out hereinafter in Article 841.

C. The initial period of informal adjustment shall not exceed six months; however, the court may extend the agreement for additional periods of six months, not to exceed a total of two years.

D. If a petition has been filed, the adjustment agreement shall be filed in the record.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2009, No. 213, §1.
La. Code Crim. Proc. art. 382 — LA Code / Code code-of-criminal-procedure / Article 382
Methods of instituting criminal prosecutions
Status: in_force

A. A prosecution for an offense punishable by death, or for an offense punishable by life imprisonment, shall be instituted by indictment by a grand jury. Other criminal prosecutions in a district court shall be instituted by indictment or by information.

B.(1) A prosecution for violation of an ordinance and other criminal prosecutions in a parish court shall be instituted by affidavit or information charging any offense.

(2) A prosecution for violation of an ordinance and other criminal prosecutions in a city court shall be instituted by affidavit or information charging any offense supported by an affidavit.

(3) Criminal prosecutions in a juvenile court or family court shall be instituted by affidavit, information, or indictment.

Amended by Acts 1974, Ex.Sess. No. 19, §1, eff. Jan. 1, 1975; Acts 1989, No. 8, §1; Acts 1994, 3rd Ex. Sess., No. 83, §1.
La. Code Civ. Proc. art. 2971 — LA Code / Code code-of-civil-procedure / Article 2971
Pleading and service of process
Status: in_force

Except as otherwise provided by law, the rules of pleading and service of process applicable in ordinary proceedings shall apply to succession proceedings.

A certified copy of the petition, opposition, contradictory motion, or rule initiating a contradictory succession proceeding shall be served on the adverse party; but citation is necessary only in those cases in which it is specifically required by law.

An opposition may be served upon the adverse party as provided in Article 1313.
La. Civ. Code art. 1908 — LA Code / Code civil-code / Article 1908
Bilateral or synallagmatic contracts
Status: in_force

A contract is bilateral, or synallagmatic, when the parties obligate themselves reciprocally, so that the obligation of each party is correlative to the obligation of the other.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 773 — LA Code / Code code-of-criminal-procedure / Article 773
Order of evidence; foundation
Status: in_force

Neither the state nor the defendant can be controlled by the court as to the order in which evidence shall be adduced. The procedure for laying a foundation is provided in the Louisiana Code of Evidence.

Acts 1988, No. 515, §3, eff. Jan. 1, 1989.

{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
La. Code Civ. Proc. art. 222.1 — LA Code / Code code-of-civil-procedure / Article 222.1
Direct contempt; fingerprinting and photographing; exception
Status: in_force

No person arrested or found guilty for the first offense of direct contempt of court either for failure to attend court as a member of a jury venire when proof of service of the summons appears on the record or for failure to comply with a subpoena to attend court to serve as a witness when proof of service of the subpoena appears on the record shall be subject to fingerprinting or have his photograph taken in any arrest or postsentence procedure.

Acts 1985, No. 937, §1.
La. Civ. Code art. 3007 — LA Code / Code civil-code / Article 3007
Mandatary's liability for acts of the substitute
Status: in_force

When the mandatary is authorized to appoint a substitute, he is answerable to the principal for the acts of the substitute only if he fails to exercise diligence in selecting the substitute or in giving instructions.

When not authorized to appoint a substitute, the mandatary is answerable to the principal for the acts of the substitute as if the mandatary had performed the mandate himself.

In all cases, the principal has recourse against the substitute.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 960 — LA Code / Code civil-code / Article 960
Donative renunciation deemed acceptance
Status: in_force

A renunciation shall be deemed to be an acceptance to the extent that it causes the renounced rights to devolve in a manner other than that provided by law or by the testament if the decedent died testate.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 2623 — LA Code / Code civil-code / Article 2623
Bilateral promise of sale; contract to sell
Status: in_force

An agreement whereby one party promises to sell and the other promises to buy a thing at a later time, or upon the happening of a condition, or upon performance of some obligation by either party, is a bilateral promise of sale or contract to sell. Such an agreement gives either party the right to demand specific performance.

A contract to sell must set forth the thing and the price, and meet the formal requirements of the sale it contemplates.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 725.5 — LA Code / Code childrens-code / Article 725.5
Duties of the Department of Children and Family Services
Status: in_force

A. The department shall be responsible for investigating reports of abuse or neglect where the abuser is believed to be a parent or caretaker, a person who maintains an interpersonal dating or engagement relationship with the parent or caretaker, or a person living in the same residence with the parent or caretaker as a spouse whether married or not.

B. The department shall fully cooperate with law enforcement, prosecutors, and court staff in the investigation and prosecution of child sexual exploitation, including ensuring that all state, federal, and community-based resources for sexually exploited children are known to the child.

C. The department shall maintain a current listing of licensed residential homes that specialize in the provision of services to exploited children. This listing shall be made available to courts, prosecutors, law enforcement, and other stakeholders involved in proceedings pertaining an exploited child.

D. The department shall cooperate with the prosecution of any perpetrator of child exploitation.

E. The department shall develop policies that reflect best practices. It shall consider all protocols developed by the Louisiana Human Trafficking Commission and assist in compiling data requested by the commission when available.

Acts 2017, No. 376, §1.
La. Code Civ. Proc. art. 1460 — LA Code / Code code-of-civil-procedure / Article 1460
Option to produce business records
Status: in_force

When the answer to an interrogatory may be derived or ascertained from the business records, including electronically stored information, of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, including a compilation, abstract, or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

Acts 1976, No. 574, §1. Amended by Acts 1982, No. 450, §1; Acts 2007, No. 140, §1.
La. Civ. Code art. 3467 — LA Code / Code civil-code / Article 3467
Persons against whom prescription runs
Status: in_force

Prescription runs against all persons unless exception is established by legislation.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 3506 — LA Code / Code code-of-civil-procedure / Article 3506
Dissolution of writ; damages
Status: in_force

The defendant by contradictory motion may obtain the dissolution of a writ of attachment or of sequestration, unless the plaintiff proves the grounds upon which the writ was issued. If the writ of attachment or of sequestration is dissolved, the action shall then proceed as if no writ had been issued.

The court may allow damages for the wrongful issuance of a writ of attachment or of sequestration on a motion to dissolve, or on a reconventional demand. Attorney's fees for the services rendered in connection with the dissolution of the writ may be included as an element of damages whether the writ is dissolved on motion or after trial on the merits.
La. Ch. Code art. 1523 — LA Code / Code childrens-code / Article 1523
Revocation
Status: in_force

A. Upon failure of a custodian to return a child after revocation of the parent's consent, the parent may move for dismissal of the proceedings and for the return of the child to their custody.

B. The motion to dismiss shall be set for contradictory hearing with the custodians.

C. In making its determination of the best interests of the child, the court shall consider the following:

(1) The length of the parent/child separation.

(2) The current fitness of the parent.

(3) The frequency of contact between the parent and child during the separation.

(4) The efforts made by the parent to exercise parental responsibilities during the separation, including support.

(5) The terms and conditions of the judgment.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 279 — LA Code / Code code-of-criminal-procedure / Article 279
Extradition costs and expenses
Status: in_force

A. Whenever a person has been released on bail pursuant to a commercial surety bond and is subsequently located in another state, the reasonable and necessary expenses incurred in having that person returned to the parish in which charges are pending against him, whether through extradition proceedings or otherwise, shall be paid by the commercial surety provided that the surety was given notice of extradition or waiver of extradition and was provided seventy-two hours to return the person to the parish at his cost. Payment of these expenses shall be due within thirty days after written notice thereof has been given to the surety at the address provided pursuant to Code of Criminal Procedure Article 322. The commercial surety shall not be relieved of his obligation on the bond until the commercial surety has paid said reasonable and necessary costs for the return of the wanted person.

B. Except as provided in Paragraph A of this Article, the necessary and reasonable expenses connected with an extradition in all other cases shall be paid by the authority for whom it was requested.

Acts 2003, No. 954, §1.
La. Civ. Code art. 620 — LA Code / Code civil-code / Article 620
Sale of the property or of the usufruct
Status: in_force

Usufruct terminates by the enforcement of an encumbrance established upon the property prior to the creation of the usufruct to secure a debt. The usufructuary may have an action against the grantor of the usufruct or against the naked owner under the provisions established in Section 3 of this Chapter.

The judicial sale of the usufruct by creditors of the usufructuary deprives the usufructuary of his enjoyment of the property but does not terminate the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Civ. Proc. art. 1769 — LA Code / Code code-of-civil-procedure / Article 1769
Alternate jurors
Status: in_force

A. The court may direct that one or more jurors, in addition to the regular panel, be called and empanelled to sit as alternate jurors.

B. Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties.

C. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors.

D. An alternate juror who does not replace a principal juror shall be discharged when the jury retires to consider its verdict.

E. If one or more alternate jurors are called, each side shall have an equal number of additional peremptory challenges. The court shall determine how many challenges shall be allowed and shall allocate them among the parties on each side. The additional peremptory challenges may be used only against an alternate juror, and the other peremptory challenges allowed by law shall not be used against the alternate jurors.

Acts 1983, No. 534, §5.
La. Civ. Code art. 645 — LA Code / Code civil-code / Article 645
Regulation of the servitude.
Status: in_force

A right of use is regulated by application of the rules governing usufruct and predial servitudes to the extent that their application is compatible with the rules governing a right of use servitude.

Acts 1976, No. 103, §1.
La. Code Crim. Proc. art. 357 — LA Code / Code code-of-criminal-procedure / Article 357
Answer; production of person in custody
Status: in_force

The person upon whom the writ has been served, whether it is directed to him or not, shall file a written answer, signed and sworn to by him stating whether he has custody of the person named in the writ. If the person is in his custody, he shall produce him and state in his answer his authority for holding the person in custody. If the custody is by virtue of a court order, the document in the possession of the custodian shall be annexed to the answer. The answer and the production of the person in custody shall be made at the place and time designated by the writ.
La. Civ. Code art. 1730 — LA Code / Code civil-code / Article 1730
Limitation in relation to disposable portion.
Status: in_force

Partitions, made by ascendants, may be avoided,* when the advantage secured to one of the coheirs exceeds the disposable portion.

* Note error in English translation of French text; "avoided" should be "objected to."
La. Civ. Code art. 2346 — LA Code / Code civil-code / Article 2346
Management of community property.
Status: in_force

Each spouse acting alone may manage, control, or dispose of community property unless otherwise provided by law.

Acts 1979, No. 709, §1.
La. Civ. Code art. 3289 — LA Code / Code civil-code / Article 3289
Acceptance
Status: in_force

A contract of mortgage need not be signed by the mortgagee, whose consent is presumed and whose acceptance may be tacit.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.