FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 782 — LA Code / Code code-of-criminal-procedure / Article 782
Number of jurors composing jury; number which must concur; waiver
Status: in_force

A. A case in which punishment may be capital shall be tried by a jury of twelve jurors, all of whom must concur to render a verdict. A case for an offense committed prior to January 1, 2019, in which punishment is necessarily confinement at hard labor shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict. A case for an offense committed on or after January 1, 2019, in which the punishment is necessarily confinement at hard labor shall be tried before a jury of twelve persons, all of whom must concur to render a verdict. A case in which the punishment may be confinement at hard labor shall be tried by a jury composed of six jurors, all of whom must concur to render a verdict.

B. Trial by jury may be knowingly and intelligently waived by the defendant except in capital cases.

Amended by Acts 1974, Ex.Sess., No. 25, §1, eff. Jan. 1, 1975; Acts 1975, 1st Ex.Sess., No. 16, §1, eff. Jan. 28, 1975; Acts 1979, No. 56, §2; Acts 2018, No. 493, §1, eff. Jan. 1, 2019, if const. amend. is ratified.
La. Civ. Code art. 3261 — LA Code / Code civil-code / Article 3261
Depositor's privilege and other privileges.
Status: in_force

With the exception stated in the foregoing article, the privilege of the depositor on the thing deposited is not preceded by any other privileged debt, even funeral expenses, unless it be that the depositor must contribute to the expense of sealing and making inventory, because this expense is necessary to the preservation of the deposit.
La. Civ. Code art. 2951 — LA Code / Code civil-code / Article 2951
Judicial depositary
Status: in_force

The judicial depositary is the public official charged with the duty to execute the orders of the court. He is subject to the obligations of a conventional depositary. He is bound to deliver the thing to the person designated by the court. He is entitled to a fee to be paid by the person ordered to pay that fee by the court.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Code Crim. Proc. art. 64 — LA Code / Code code-of-criminal-procedure / Article 64
Relationship of district attorney with grand jury
Status: in_force

The district attorney is the representative of the state before the grand jury and is its legal advisor. He shall be notified of and has the right to be present at all sessions of the grand jury, except while it is deliberating and voting. He shall examine witnesses before the grand jury.
La. Civ. Code art. 3317 — LA Code / Code civil-code / Article 3317
Rights of third possessor
Status: in_force

A third possessor who performs the obligation secured by the mortgage is subrogated to the rights of the obligee. In such a case, the mortgage is not extinguished by confusion as to other mortgages, privileges, or charges burdening the mortgaged property when the third possessor acquired the mortgaged property and for which he is not personally bound.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.

{{NOTE: FORMER ART. 3317 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.}}
La. Code Civ. Proc. art. 1439 — LA Code / Code code-of-civil-procedure / Article 1439
Special notice
Status: in_force

Leave of court is not required for the taking of a deposition by plaintiff if the notice states that the person to be examined is about to go out of the state and will be unavailable for examination unless his deposition is taken before expiration of the fifteen-day period, and sets forth facts to support the statement. The plaintiff's attorney shall sign the notice, and his signature constitutes a certification by him that to the best of his knowledge, information, and belief the statement and supporting facts are true. The sanctions provided by Articles 863 and 864 are applicable to the certification.

If a party shows that when he was served with notice under this Article he was unable through the exercise of diligence to obtain counsel to represent him at the taking of the deposition, the deposition may not be used against him.

Acts 1976, No. 574, §1.
La. Civ. Code art. 1582.1 — LA Code / Code civil-code / Article 1582.1
Persons prohibited from witnessing; effect
Status: in_force

A person may not be a witness to a testament if that person is a spouse of a legatee at the time of the execution of the testament. The fact that a witness is the spouse of a legatee does not invalidate the testament; however, a legacy to a witness' spouse is invalid, if the witness is the spouse of the legatee at the time of the execution of the testament. If the legacy is invalid under the provisions of this Article, and if the legatee would be an heir in intestacy, the legatee may receive the lesser of his intestate share or legacy in the testament. Any testamentary terms or restrictions placed on the legacy shall remain in effect.

Acts 2003, No. 707, §1, eff. Jan. 1, 2004; Acts 2004, No. 231, §1.

NOTE: Acts 2004, No. 231, applies to testaments only executed on or after Jan. 1, 2004.
La. Civ. Code art. 3278 — LA Code / Code civil-code / Article 3278
Mortgage defined
Status: in_force

Mortgage is a nonpossessory right created over property to secure the performance of an obligation.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 3481 — LA Code / Code civil-code / Article 3481
Presumption of good faith
Status: in_force

Good faith is presumed. Neither error of fact nor error of law defeats this presumption. This presumption is rebutted on proof that the possessor knows, or should know, that he is not owner of the thing he possesses.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Crim. Proc. art. 725 — LA Code / Code code-of-criminal-procedure / Article 725
Reports of examinations and tests
Status: in_force

When the court grants the relief sought by the defendant pursuant to Article 719 of this Code, it shall, upon the written motion of the state, condition its order by requiring the defendant to disclose to the state, and to permit or authorize the state, or an expert working with the state, to inspect and copy, photograph, or otherwise reproduce, and disclose to the district attorney any results of reports, or copies thereof, of physical and mental examinations and of scientific tests or experiments, made in connection with the particular case, that are in the possession, custody, control, or knowledge of the defendant, and intended for use at trial. If the witness preparing the report will be called as an expert, the report shall contain the witness's area of expertise, his qualifications, a list of materials upon which his conclusion is based, and his opinion and the reason therefor. If the expert witness has not reduced his results or reports to writing, or if the expert witness's written report does not contain the information required of an expert as provided in this Article, the defendant must produce for the state a written summary containing any information required to be produced pursuant to this Article but absent from a written report, if any, including the name of the expert witness, his qualifications, a list of materials upon which his conclusion is based, and his opinion and the reason therefor.

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

NOTE: See Acts 2013, No. 250, §2, relative to applicability.
La. Ch. Code art. 616.1 — LA Code / Code childrens-code / Article 616.1
Correction of central registry entries; procedure
Status: in_force

A. When a report alleging abuse or neglect is recorded as justified by the department in the state central registry but when no petition is or was subsequently filed alleging that the child is in need of care, the individual who is the subject of the finding may file a written motion seeking correction of that entry and all related department records in the court exercising juvenile jurisdiction in the parish in which the finding was made.

B. Prior to the hearing, the motion shall be served on the department and the district attorney.

C. If neither the department nor the district attorney files a written objection, the court may enter an order in accordance with Paragraph D.

D. If after a contradictory hearing with the department and the district attorney the court finds that the report was not justified, in accordance with Article 615(B)(4) or (5), and correction of the record is not contrary to the best interest of the child, it may order the department to correct the central registry entry. If the central registry entry is ordered to be corrected, the department and any law enforcement offices having any record of the report shall be ordered to correct those records and any other records, notations, or references thereto, and the court shall order the department and other custodians of such records to file a sworn affidavit to the effect that their records have been corrected. The affidavit of the department shall also attest to the correction of the central registry entry.

E. The originals of the affidavits required in Paragraph D shall be kept by the court and a copy shall be retained by the affiant. The copy shall not be a public record and shall not be open for public inspection but rather shall be kept under lock and key and maintained only for internal recordkeeping purposes and to preserve the integrity of the files of the department or office and shall not be used for any investigative purpose.

F. The provisions of this Article shall apply only to those reports determined by the department to be justified prior to the effective date of Children's Code Article 616.1.1.

Acts 1997, No. 612, §1; Acts 2017, No. 348, §1, eff. upon promulgation and publication by DCFS rules.
La. Civ. Code art. 1846 — LA Code / Code civil-code / Article 1846
Contract not in excess of five hundred dollars
Status: in_force

When a writing is not required by law, a contract not reduced to writing, for a price or, in the absence of a price, for a value not in excess of five hundred dollars may be proved by competent evidence.

If the price or value is in excess of five hundred dollars, the contract must be proved by at least one witness and other corroborating circumstances.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 424.3 — LA Code / Code childrens-code / Article 424.3
CASA; duties
Status: in_force

Under the supervision of the CASA program, it shall be the duty of a CASA volunteer to:

(1) Provide independent, factual information to the court regarding the children and cases to which they are assigned.

(2) Advocate on behalf of the children involved in the cases in which they are assigned what they perceive to be in the best interest of the children.

(3) Monitor proceedings in cases in which they have been assigned and advise and assist the court in its determination of the best interest of the children involved.

Acts 1999, No. 275, §1, eff. July 1, 1999.
La. Civ. Code art. 1253 — LA Code / Code civil-code / Article 1253
Collation by taking less, definition.
Status: in_force

The collation is made by taking less, when the donee diminishes the portion he inherits, in proportion to the value of the object he has received, and takes so much less from the surplus of the effects as is explained in the chapter which treats of partitions.
La. Civ. Code art. 472 — LA Code / Code civil-code / Article 472
Building materials.
Status: in_force

Materials gathered for the erection of a new building or other construction, even though deriving from the demolition of an old one, are movables until their incorporation into the new building or after construction.

Materials separated from a building or other construction for the purpose of repair, addition, or alteration to it, with the intention of putting them back, remain immovables.

Acts 1978, No. 728, §1.
La. Code Civ. Proc. art. 2881 — LA Code / Code code-of-civil-procedure / Article 2881
Ex parte probate if no objection
Status: in_force

The court shall proceed to probate the testament ex parte, unless an objection is made.

Acts 2025, No. 34, §1.
La. Civ. Code art. 2820 — LA Code / Code civil-code / Article 2820
Expulsion of a partner for just cause.
Status: in_force

A partnership may expel a partner for just cause. Unless otherwise provided in the partnership agreement, a majority of the partners must agree on the expulsion.

Acts 1980, No. 150, §1.
La. Civ. Code art. 2513 — LA Code / Code civil-code / Article 2513
Scope of warranty in sale of succession rights
Status: in_force

In a sale of a right of succession, the warranty against eviction extends only to the right to succeed the decedent, which entitles the buyer to those things that are, in fact, a part of the estate, but it does not extend to any particular thing.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 1964 — LA Code / Code civil-code / Article 1964
Damages
Status: in_force

When rescission is granted because of duress exerted or known by a party to the contract, the other party may recover damages and attorney fees.

When rescission is granted because of duress exerted by a third person, the parties to the contract who are innocent of the duress may recover damages and attorney fees from the third person.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2897 — LA Code / Code civil-code / Article 2897
Loss caused by fortuitous event
Status: in_force

When the thing lent is damaged by a fortuitous event from which the borrower could have protected the thing lent by using a thing of his own or, when being unable to preserve both things, the borrower chose to preserve a thing of his own, he is liable for the damage to the thing lent.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 3488 — LA Code / Code civil-code / Article 3488
Applicability of rules governing prescription of ten years
Status: in_force

The rules governing acquisitive prescription of ten years apply to the prescription of thirty years to the extent that their application is compatible with the prescription of thirty years.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Evid. art. 407 — LA Code / Code code-of-evidence / Article 407
Subsequent remedial measures
Status: in_force

In a civil case, when, after an event, measures are taken which, if taken previously, would have made the event less likely to occur, evidence of the subsequent measures is not admissible to prove negligence or culpable conduct in connection with the event. This Article does not require the exclusion of evidence of subsequent measures when offered for another purpose, such as proving ownership, authority, knowledge, control, or feasibility of precautionary measures, or for attacking credibility.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Civ. Proc. art. 3572 — LA Code / Code code-of-civil-procedure / Article 3572
Sequestration before rent due
Status: in_force

A sequestration based upon a lessor's privilege may be obtained before the rent is due, if the lessor has good reason to believe that the lessee will remove the property subject to the lessor's privilege. If the rent is paid when it becomes due, the costs shall be paid by the plaintiff.
La. Code Civ. Proc. art. 3575 — LA Code / Code code-of-civil-procedure / Article 3575
Lessor's privilege
Status: in_force

A writ of sequestration to enforce a lessor's privilege shall issue without the furnishing of security.
La. Code Civ. Proc. art. 614 — LA Code / Code code-of-civil-procedure / Article 614
Venue
Status: in_force

A derivative action of a shareholder, partner, or member to enforce a right of a corporation or unincorporated association shall be brought in the parish of proper venue as to the corporation or unincorporated association.

Acts 1997, No. 839, §1, eff. July 1, 1997.
La. Civ. Code art. 2610 — LA Code / Code civil-code / Article 2610
Cure of nonconformity
Status: in_force

Upon rejection of nonconforming things by the buyer, the seller may cure the nonconformity when the time for performance has not yet expired or when the seller had a reasonable belief that the nonconforming things would be acceptable to the buyer. In such a case the seller must give reasonable notice of his intention to cure to the buyer.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Evid. art. 1105 — LA Code / Code code-of-evidence / Article 1105
Burden of proof; civil proceedings
Status: in_force

A. In any civil proceeding in which the defense of self-defense is raised, the defendant shall have the burden to prove by a preponderance of the evidence that he acted in self-defense.

B. For the purposes of this Article, if the defense of self-defense is raised in a civil proceeding by an authorized person as defined in R.S. 9:2793.12, the burden of proof shall be on the party asserting the action to prove by a preponderance of the evidence that the injury, death, or loss complained of was not caused by a justified use of force or self-defense by the authorized person.

Acts 2024, No. 729, §1.
La. Code Civ. Proc. art. 1203 — LA Code / Code code-of-civil-procedure / Article 1203
Citation to legal representative of multiple defendants
Status: in_force

When one person is the legal representative of several persons made defendant in the same cause, only one citation need be addressed to such representative.
La. Code Civ. Proc. art. 1762 — LA Code / Code code-of-civil-procedure / Article 1762
Swearing of juror before examination
Status: in_force

Before being examined, every prospective juror shall be sworn or shall affirm to answer truthfully such questions as may be propounded to him.

Acts 1983, No. 534, §5.
La. Code Crim. Proc. art. 278 — LA Code / Code code-of-criminal-procedure / Article 278
Re-extradition agreements
Status: in_force

When the return to this state of a person wanted in this state to be tried for a crime is desired, and the person is imprisoned or is held under criminal proceedings pending against him in another state, the governor may enter into a re-extradition agreement with the executive authority of the other state for the purpose of procuring the extradition of the person before the conclusion of the proceedings or his term of sentence in the other state. The agreement shall be upon the condition that the person extradited will be returned to the other state without further extradition proceedings, upon the request of the executive authority of that state and at the expense of this state.
La. Ch. Code art. 776 — LA Code / Code childrens-code / Article 776
Permanency planning reports
Status: in_force

A. If at any point in family in need of services proceedings a child enters the custody of the state, the provisions of Chapters 13, 15, and 16 of Title VI of this Code and Article 1004.2 shall be applicable.

B. When the Department of Public Safety and Corrections is the custodian, the provisions of Chapter 15 of Title VI shall be applicable only as provided in Article 907 and Article 908(C).

Acts 1991, No. 235, §7; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 567, §1; Acts 2012, No. 730, §1; Acts 2024, No. 92, §1.
La. Code Civ. Proc. art. 4273 — LA Code / Code code-of-civil-procedure / Article 4273
Appointment of agent
Status: in_force

A tutor who is a nonresident, or who is about to leave the state permanently, shall execute a power of attorney appointing a resident of this state to receive service of process in any action brought against him in his capacity as tutor; and may authorize this agent to represent him in all matters relating to the tutorship. A tutor who is domiciled in the state and who will be absent temporarily therefrom may similarly appoint such an agent for either or both of these purposes. In all cases, the power of attorney shall be filed in the tutorship proceeding.

Amended by Acts 1964, No. 4, §1.
La. Civ. Code art. 1278 — LA Code / Code civil-code / Article 1278
Time and security for payment.
Status: in_force

This heir shall have one year to pay the sum thus by him due, if he furnish his coheirs with his obligation payable at that time, with eight per cent. interest, and give a special mortgage to secure the payment thereof, either on the immovable property subject to the collation, if it is in his possession, or in want thereof, on some other immovable property which may suit the coheirs.
La. Ch. Code art. 1508 — LA Code / Code childrens-code / Article 1508
Procedure for punishing constructive contempt
Status: in_force

A. When a person is charged with committing a constructive contempt, he shall be tried by the judge on a rule to show cause alleging the facts constituting the contempt. The rule may be issued by the court on its own motion or on motion of any party.

B. A certified copy of the motion and of the rule shall be served on the person charged, in the manner of a subpoena, not less than forty-eight hours prior to the time assigned for trial of the rule.

C. If the person charged with contempt is found guilty, the court shall render an order reciting the facts constituting the contempt, adjudging the person charged with the contempt guilty thereof, and specifying the punishment imposed.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 959 — LA Code / Code civil-code / Article 959
Informal acceptance; act of ownership
Status: in_force

An act of ownership that can be done only as a successor implies acceptance, but an act that is merely administrative, custodial, or preservative does not imply acceptance.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 599 — LA Code / Code civil-code / Article 599
Usufruct of a herd of animals.
Status: in_force

When the usufruct includes a herd of animals, the usufructuary is bound to use it as a prudent administrator and, from the increase of the herd, replace animals that die. If the entire herd perishes without the fault of the usufructuary, the loss is borne by the naked owner.

Acts 1976, No. 103, §1.
La. Ch. Code art. 501 — LA Code / Code childrens-code / Article 501
Legislative findings
Status: in_force

The legislature finds that the use of a multidisciplinary investigative team response to the investigation and disposition of allegations of child sex abuse or allegations of other serious physical abuse and the use of child advocacy centers will encourage agency cooperation, expedite the resolution of allegations, minimize the trauma to children and their families, and otherwise serve the best interests of the children of Louisiana. In accordance with Article V, Section 27 of the Constitution of Louisiana, nothing in this Title will in any way preclude the sheriff, as the chief law enforcement officer of the parish, from taking any action deemed necessary in cases of alleged child abuse or neglect.

Acts 1994, 3rd Ex. Sess., No. 69, §1, eff. July 7, 1994; Acts 1995, No. 1305, §1, eff. June 29, 1995; Acts 2003, No. 749, §1.
La. Civ. Code art. 1819 — LA Code / Code civil-code / Article 1819
Effect of indivisible obligation among successors
Status: in_force

An indivisible obligation may not be divided among the successors of the obligor or of the obligee, who are thus subject to the rules governing solidary obligors or solidary obligees.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3029 — LA Code / Code civil-code / Article 3029
Termination by the mandatary
Status: in_force

The mandate and the authority of the mandatary terminate when the mandatary notifies the principal of his resignation or renunciation of his authority. When a mandatary has reasonable grounds to believe that the principal lacks capacity, the termination is effective only when the mandatary notifies another mandatary or a designated successor mandatary. In the absence of another mandatary or a designated successor mandatary, the termination is effective when the mandatary notifies a person with a sufficient interest in the welfare of the principal.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998; Acts 2014, No. 356, §2.