FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 653 — LA Code / Code code-of-criminal-procedure / Article 653
Testimony of members of sanity commission
Status: in_force

Upon the trial of the defense of insanity at the time of the offense, the members of the sanity commission may be called as witnesses by the court, the defense, or the district attorney. Regardless of who calls them as witnesses, the members of the commission are subject to cross-examination by the defense, by the district attorney, and by the court. Other evidence pertaining to the defense of insanity at the time of the offense may be introduced at the trial by the defense and by the district attorney.
La. Code Crim. Proc. art. 352 — LA Code / Code code-of-criminal-procedure / Article 352
Venue
Status: in_force

Habeas corpus proceedings by or on behalf of a person in custody shall be instituted in the parish in which the person is in custody.

Amended by Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
La. Code Civ. Proc. art. 4303 — LA Code / Code code-of-civil-procedure / Article 4303
Perishable property; crops
Status: in_force

Upon the petition of the tutor as provided in Article 4321 or 4341, the court may order the immediate sale of perishable property and growing crops either at public auction or private sale, without appraisal, and without advertisement, or with such advertisement as the court may direct.
La. Code Civ. Proc. art. 4135 — LA Code / Code code-of-civil-procedure / Article 4135
Security instead of legal mortgage
Status: in_force

Instead of the legal mortgage provided in Article 4134, a natural tutor may furnish bond in the amount provided by Article 4131 and of the nature provided by Article 4132, or a special mortgage as provided in Article 4133.

If the court determines that the legal mortgage will not be sufficient protection for the minor, and that substantial loss to the minor may result unless a bond is furnished, the court may order that the natural tutor furnish a bond or a special mortgage instead of the legal mortgage.
La. Code Crim. Proc. art. 881.3 — LA Code / Code code-of-criminal-procedure / Article 881.3
Record on review of sentence
Status: in_force

In reviewing a sentence the appellate court may consider the record of the case which shall include any evidence or relevant information introduced at preliminary hearings, hearings on motions, arraignments, or sentencing proceedings, and any relevant information included in a presentence investigation report filed into the record at sentencing. In order to preserve confidentiality, in appropriate cases, the court may order that the presentence report, or any portion thereof, be held under seal.

Acts 1991, No. 38, §1.

{{NOTE: SEE ACTS 1991, NO. 38, §3, FOR SPECIAL EFFECTIVE DATE.}}
La. Code Evid. art. 614 — LA Code / Code code-of-evidence / Article 614
Calling and questioning of witnesses by court
Status: in_force

A. Calling by court. The court, at the request of a party or if otherwise authorized by legislation, may call witnesses, and all parties are entitled to examine witnesses thus called.

B. Questioning by court. The court may question witnesses, whether called by itself or by a party.

C. Objections. Objections to the calling of witnesses by the court or to questioning of witnesses by it may be made at the time or at the next available opportunity when the jury is not present.

D. Exception. In a jury trial, the court may not call or examine a witness, except upon the express consent of all parties, which consent shall not be requested within the hearing of the jury.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 1841 — LA Code / Code civil-code / Article 1841
Copy of recorded writing
Status: in_force

When an authentic act or an acknowledged act under private signature has been filed for registry with a public officer, a copy of the act thus filed, when certified by that officer, constitutes proof of the contents of the original.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1234 — LA Code / Code civil-code / Article 1234
Reduction of donations exceeding disposable portion; calculation of legitime.
Status: in_force

If, upon calculation of the value of advantages thus given, and of the other effects remaining in the succession, such remaining part should prove insufficient to give to the other children their legitimate portion, the donee would then be obliged to collate the sum by him received, as far as necessary to complete such portion, though he would wish to keep the donation, and renounce the inheritance; and in this calculation of the legitimate portion, the property given or bequeathed by the ascendants, not only to their children, but even to all other persons, whether relations or strangers, must be included.
La. Code Crim. Proc. art. 341 — LA Code / Code code-of-criminal-procedure / Article 341
Appeals
Status: in_force

The rights of appeal of a bail undertaking forfeiture judgment shall be governed by the Code of Civil Procedure Article 2081 et seq.

Acts 1986, No. 696, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Civ. Code art. 3464 — LA Code / Code civil-code / Article 3464
Interruption by acknowledgment
Status: in_force

Prescription is interrupted when one acknowledges the right of the person against whom he had commenced to prescribe.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Crim. Proc. art. 440 — LA Code / Code code-of-criminal-procedure / Article 440
Administration of oath to witnesses
Status: in_force

A witness who is to testify before the grand jury shall first be sworn by the foreman, in accordance with Article 14, to testify truthfully and to keep secret, except as authorized by law, matters which he learns at the grand jury meeting.

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

{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
La. Civ. Code art. 737 — LA Code / Code civil-code / Article 737
Renunciation of servitude by owner of dominant estate.
Status: in_force

The owner of the dominant estate may renounce the contract by which a predial servitude was acquired for the benefit of his estate, if he finds the contract onerous, and if the contract was made without his authority or while he was incompetent.

Acts 1977, No. 514, §1.
La. Ch. Code art. 687 — LA Code / Code childrens-code / Article 687
Applicability
Status: in_force

If at any point in child in need of care proceedings, the child is removed from his parents' care and control and placed in the custody of the department, the provisions of this Chapter shall govern the subsequent case review process until such time as the child achieves a permanent placement as defined in Article 603.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3193 — LA Code / Code code-of-civil-procedure / Article 3193
Powers of surviving representatives
Status: in_force

Every power exercised by joint succession representatives may be exercised by the survivor of them in case of the death or termination of appointment of one or more of them, unless the testator has provided otherwise.
La. Code Crim. Proc. art. 894.4 — LA Code / Code code-of-criminal-procedure / Article 894.4
Probation; extension
Status: in_force

Probation shall neither be revoked nor extended based solely upon the defendant's inability to pay fines, fees, or restitution to the victim.

Acts 2006, No. 823, §1; Acts 2010, No. 808, §1; Acts 2017, No. 260, §1, eff. Aug. 1, 2018; Acts 2018, No. 137, §1, eff. Aug. 1, 2018; Acts 2018, No. 668, §1, eff. Aug. 1, 2019, §4, eff. Aug. 1, 2018; Acts 2021, No. 313, §§3B and 4, see Act.
La. Code Civ. Proc. art. 191 — LA Code / Code code-of-civil-procedure / Article 191
Inherent judicial power
Status: in_force

A court possesses inherently all of the power necessary for the exercise of its jurisdiction even though not granted expressly by law.
La. Ch. Code art. 1302.10 — LA Code / Code childrens-code / Article 1302.10
Application of Chapter to nonresident subject to personal jurisdiction
Status: in_force

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this Chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to Article 1303.16, communicate with a tribunal outside this state pursuant to Article 1303.17, and obtain discovery through a tribunal outside this state pursuant to Article 1303.18. In all other respects, Sections 3 through 6 do not apply, and the tribunal shall apply the procedural and substantive law of this state.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 2438 — LA Code / Code civil-code / Article 2438
Rules of other titles
Status: in_force

In all matters for which no special provision is made in this title, the contract of sale is governed by the rules of the titles on Obligations in General and Conventional Obligations or Contracts.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 624.1 — LA Code / Code childrens-code / Article 624.1
Reason to know a child is an Indian child; federal Indian Child Welfare Act
Status: in_force

A. Upon conducting the inquiry required by Article 624(D), a court has reason to know that a child in a continued custody hearing or other child custody proceeding is an Indian child if any of the following occurs:

(1) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that the child is an Indian child.

(2) A person before the court, an officer of the court involved in the proceeding, an Indian tribe, an Indian organization, or an agency informs the court that it has discovered information indicating that the child is an Indian child.

(3) The child who is the subject of the proceeding gives the court reason to know that he is an Indian child.

(4) The court is informed that the domicile or residence of the child, the child's parent, or the child's Indian custodian is on a reservation or in an Alaska Native village.

(5) The court is informed that the child is or has been a ward of a Tribal court.

(6) The court is informed that either parent or the child possesses an identification card indicating membership in an Indian tribe.

B. If the court makes a finding that there is reason to know that the child is an Indian child, the court may enter any order for placement in accordance with Article 627, but the court shall thereafter proceed as if the child is an Indian child.

Acts 2018, No. 296, §1.
La. Code Crim. Proc. art. 872 — LA Code / Code code-of-criminal-procedure / Article 872
Basis for valid sentence
Status: in_force

A valid sentence must rest upon a valid and sufficient:

(1) Statute;

(2) Indictment; and

(3) Verdict, judgment, or plea of guilty.
La. Civ. Code art. 3245 — LA Code / Code civil-code / Article 3245
Voyage, definition.
Status: in_force

A ship is considered to have made a voyage, when her departure from one port and arrival at another shall have taken place, or when, without having arrived at another, more than sixty days have elapsed between the departure and return to the same port; or when the ship, having departed on a long voyage, has been out more than sixty days, without any claim on the part of persons pretending a privilege.
La. Civ. Code art. 2648 — LA Code / Code civil-code / Article 2648
Scope of warranty of debtor's solvency
Status: in_force

An assignor who warrants the solvency of the debtor warrants that solvency at the time of the assignment only and, in the absence of agreement to the contrary, does not warrant the future solvency of the debtor.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 895 — LA Code / Code childrens-code / Article 895
Commitment to mental institution
Status: in_force

A. In cases in which a child has been adjudicated a delinquent, the court may commit the child to a public or private mental institution or institution for persons with mental illness if the court finds, based on psychological or psychiatric evaluation, that the child has a mental disorder, other than an intellectual disability, that has a substantial adverse effect on the child's ability to function and requires care and treatment in an institution.

B. This finding shall not be made without a contradictory hearing and notice to the Louisiana Department of Health, bureau of legal services, and unless the child is accorded counsel in accordance with Article 809.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2024, No. 92, §1.
La. Ch. Code art. 402 — LA Code / Code childrens-code / Article 402
Court of record
Status: in_force

A court exercising juvenile jurisdiction is a court of record.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
La. Civ. Code art. 1396 — LA Code / Code civil-code / Article 1396
Prescription of action of warranty.
Status: in_force

The action of warranty among coheirs is prescribed by five years, and the time commences to run, to wit: for the property included in the partition, from the day of the eviction; and for debts, from the day that the insolvency of the debtor is established by the discussion of his effects.
La. Code Crim. Proc. art. 781 — LA Code / Code code-of-criminal-procedure / Article 781
Charges in cases tried without a jury
Status: in_force

When a case is tried without a jury the state or the defendant may request the court to charge itself in accordance with written charges presented to the court. The requested charges shall be governed by the rules of procedure relative to requested charges in jury cases.
La. Civ. Code art. 792 — LA Code / Code civil-code / Article 792
Fixing of boundary according to ownership or possession
Status: in_force

The court shall fix the boundary according to the ownership of the parties; if neither party proves ownership, the boundary shall be fixed according to limits established by possession.

Acts 1977, No. 169, §1.
La. Civ. Code art. 3136 — LA Code / Code civil-code / Article 3136
Security defined
Status: in_force

Security is an accessory right established by legislation or contract over property, or an obligation undertaken by a person other than the principal obligor, to secure performance of an obligation. It is accessory to the obligation it secures and is transferred with the obligation without a special provision to that effect.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Evid. art. 615 — LA Code / Code code-of-evidence / Article 615
Exclusion of witnesses
Status: in_force

A. As a matter of right. On its own motion the court may, and on request of a party the court shall, order that the witnesses be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interests of justice, the court may exempt any witness from its order of exclusion.

B. Exceptions. This Article does not authorize exclusion of any of the following:

(1) A party who is a natural person.

(2) A single officer or single employee of a party which is not a natural person designated as its representative or case agent by its attorney.

(3) A person whose presence is shown by a party to be essential to the presentation of his cause such as an expert.

(4) The victim of the offense or the family of the victim.

C. Violation of exclusion order. A court may impose appropriate sanctions for violations of its exclusion order including contempt, appropriate instructions to the jury, or when such sanctions are insufficient, disqualification of the witness.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989; Acts 1999, No. 783, §2, eff. Jan. 1, 2000.
La. Code Civ. Proc. art. 3293 — LA Code / Code code-of-civil-procedure / Article 3293
Copy of petition for authority to be served on heirs and legatees; exception
Status: in_force

A certified copy of the succession representative's petition for authority to exchange succession property shall be served, as provided in Article 1314, on all heirs and legatees of the deceased who have not joined in this petition. The petition need not be served on a legatee who has received all of his legacies as provided in the testament.

Added by Acts 1962, No. 92, §3; Amended by Acts 1988, No. 578, §1.
La. Code Crim. Proc. art. 945 — LA Code / Code code-of-criminal-procedure / Article 945
Venue; affected court; emergency sessions; habeas corpus
Status: in_force

A. Venue for criminal prosecutions in an affected court shall be changed by operation of law to the parish where the affected court is ordered to conduct criminal sessions for the duration of the emergency sessions. Criminal proceedings may take place in a parish other than the parish where the crime was committed if the supreme court has ordered emergency sessions of that court in another parish pursuant to Article 944 or as otherwise provided by law.

B. Venue for a writ of habeas corpus for an individual whose physical custody has been transferred as a result of the circumstances which are the basis for the emergency session shall be in the parish of East Baton Rouge. If the court in East Baton Rouge Parish is also an affected court, venue shall be in the host jurisdiction which has been established by supreme court order for the affected court in East Baton Rouge Parish.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
La. Civ. Code art. 1257 — LA Code / Code civil-code / Article 1257
Immovables collated in kind; allowance for expenses of preservation.
Status: in_force

The coheirs are bound to allow to the donee the necessary expenses which he has incurred for the preservation of the estate, though they may not have augmented its value.
La. Civ. Code art. 2941 — LA Code / Code civil-code / Article 2941
Obligation of innkeeper to accept the deposit
Status: in_force

An innkeeper is bound to accept for deposit the personal belongings of guests unless he is unable to provide such a service because of the excessive value, size, weight, or nature of the things sought to be deposited. He may examine the things handed over for deposit and require that they be placed in a closed or sealed receptacle.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Civ. Code art. 1612 — LA Code / Code civil-code / Article 1612
Preference for interpretation that gives effect
Status: in_force

A disposition should be interpreted in a sense in which it can have effect, rather than in one in which it can have none.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 2303 — LA Code / Code civil-code / Article 2303
Liability of the person receiving payment
Status: in_force

A person who in bad faith received a payment or a thing not owed to him is bound to restore it with its fruits and products.

Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
La. Code Civ. Proc. art. 4101 — LA Code / Code code-of-civil-procedure / Article 4101
Inventory and appraisement or descriptive list
Status: in_force

A. When any person applies to be appointed as tutor, the court shall order either the taking of an inventory and an appraisal of the minor's property or the preparation of a detailed descriptive list of his property in accordance with Article 4462.

B. If an inventory is ordered, it shall be begun not later than ten days after the order is signed. The court shall appoint a notary of each parish in which property of the minor has a situs to take the inventory of such property in that parish.

Acts 1983, No. 344, §1.
La. Code Civ. Proc. art. 4552 — LA Code / Code code-of-civil-procedure / Article 4552
Recordation of notice of suit and judgment
Status: in_force

A. The clerk of court shall cause to be recorded a notice of the filing of the interdiction suit in the conveyance and mortgage records of the parish in which the interdiction action is pending. The clerk of court shall record every judgment granting, modifying, or terminating interdiction in the conveyance and mortgage records of the parish in which the judgment was rendered.

B. Within fifteen days of his qualification, the curator shall cause the judgment of interdiction to be recorded in the conveyance and mortgage records of every other parish in which the interdict owns immovable property. Within fifteen days from the signing of a judgment modifying or terminating interdiction, the curator shall cause it to be recorded in the conveyance and mortgage records of every other parish in which the interdict owns immovable property.

C.(1) Within fifteen days of his qualification, the curator shall mail a certified copy of a judgment of full interdiction, or limited interdiction for mental incompetence which specifically suspends the right to register and vote, to the registrar of voters of the parish in which the interdict is registered to vote, or otherwise eligible but for the interdiction, by certified mail or commercial courier.

(2) Within fifteen days from the signing of a judgment modifying or terminating such an interdiction, the curator shall mail a copy of the modification or termination to the registrar of voters of the parish in which the interdict resides by certified mail or commercial courier.

(3) The curator shall also provide to the registrar of voters the date of birth of the interdict and the last four digits of the social security number of the interdict to ensure that the proper person is removed from the voting records.

D. A clerk or curator whose failure to perform his duties causes damage is liable only to those who contract with the interdict and who neither knew nor should have known of the interdiction proceedings or judgment.

Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2; Acts 2024, No. 25, §1.
La. Civ. Code art. 618 — LA Code / Code civil-code / Article 618
Security for proceeds
Status: in_force

In cases governed by Articles 614, 615, 616, and the first sentence of Article 617, the naked owner may demand, within one year from receipt of the proceeds by the usufructuary that the usufructuary give security for the proceeds. If such a demand is made, and the parties cannot agree, the nature of the security shall be determined by the court. This Article does not apply to corporeal movables referred to in the second sentence of Article 568, or to property disposed of by the usufructuary pursuant to the power to dispose of nonconsumables if the grantor of the usufruct has dispensed with the security.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Ch. Code art. 1434 — LA Code / Code childrens-code / Article 1434
Judicial commitment; petition
Status: in_force

A. Any adult may file with the court a petition which asserts his belief that a minor is suffering from mental illness which contributes or causes him to be a danger to himself or others or to be gravely disabled, or is suffering from substance abuse which contributes or causes the minor to be a danger to himself or others or to be gravely disabled, and may thereby request a hearing.

B. The petition shall contain the facts which are the basis of the assertion and provide the minor respondent with adequate notice and knowledge relative to the nature of the proceedings.

C. A petitioner who is unable to afford an attorney may seek the assistance of any legal aid society or similar agency if available.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 936 — LA Code / Code civil-code / Article 936
Continuation of the possession of decedent
Status: in_force

The possession of the decedent is transferred to his successors, whether testate or intestate, and if testate, whether particular, general, or universal legatees.

A universal successor continues the possession of the decedent with all its advantages and defects, and with no alteration in the nature of the possession.

A particular successor may commence a new possession for purposes of acquisitive prescription.

Acts 1997, No. 1421, §1, eff. July 1, 1999.