FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 742 — LA Code / Code code-of-criminal-procedure / Article 742
Method of summoning a witness in this state to testify in another state
Status: in_force

If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under seal of court that there is a criminal prosecution pending in that court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in the prosecution or grand jury investigation, and that his presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in the parish (county) in which the person is, the judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.

If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence at a time and place specified in the summons. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.

If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure his attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be forthwith brought before him for the hearing. The judge at the hearing being satisfied of the desirability of custody and delivery, for which determination the certificate shall be prima facie proof of desirability may, in lieu of issuing subpoena or summons, order that the witness be forthwith taken into custody and delivered to an officer of the requesting state.

If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile and five dollars for each day, that he is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided by law for the punishment of any witness who disobeys a summons issued from a court of record in this state.
La. Code Crim. Proc. art. 437 — LA Code / Code code-of-criminal-procedure / Article 437
Inquiry into offenses; authority and duties
Status: in_force

The grand jury shall inquire into all capital offenses and offenses punishable by life imprisonment triable within the parish. It may inquire into other offenses triable by the district court of the parish, and shall inquire into such offenses when requested to do so by the district attorney or ordered to do so by the court.

Acts 2010, No. 663, §1.
La. Civ. Code art. 879 — LA Code / Code civil-code / Article 879
Civil Code 879
Status: in_force

Art 879. Repealed by Acts 2001, No. 572, §2.
La. Ch. Code art. 319 — LA Code / Code childrens-code / Article 319
Contempt
Status: in_force

A. Any person who willfully violates, neglects, or refuses to obey or perform any lawful order of a court may be proceeded against for contempt of court. This general contempt authority shall not detract from or prevent the application of specific contempt provisions contained elsewhere in this Code.

B. Any parent, guardian, custodian, or other person entrusted with the care of a child coming within the jurisdiction of the juvenile court may be proceeded against for contempt of court for the failure, unwillingness, or neglect, without just cause, to fully cooperate in the rehabilitative program ordered by the court as a part of any protective order or disposition judgment authorized by a Title of this Code, including but not limited to:

(1) Participation in a counseling or instructional program.

(2) Participation in family counseling sessions.

(3) Participation in mental health sessions.

(4) Assistance in obtaining vocational training for the child.

(5) Assistance in obtaining a special educational placement for the child.

(6) Participation in such other adjustment programs that the court finds beneficial and remedial in the rehabilitation of the child.

C. Contempt proceedings shall be conducted in accordance with the provisions of Chapter 2 of Title XV.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 211.2 — LA Code / Code code-of-criminal-procedure / Article 211.2
Contempt; attachment of arrest for failing to appear; summons by peace officer instead of arrest
Status: in_force

A. Notwithstanding any other provision of law to the contrary, in Orleans Parish, when a peace officer serving a subpoena, summons, or notice to appear in court for a misdemeanor traffic offense or a nonviolent offense, except for possession of illegal weapons and driving under the influence, has reasonable grounds to believe that the conduct of an offender constitutes a direct contempt of court because the offender contumaciously fails to comply with such subpoena, summons, or notice to appear in court, and proof of service of the subpoena, summons, or notice appears of record, then either the court may order the offender attached and brought to court or the peace officer may issue a written citation or summons to the offender commanding him to appear and answer the direct contempt charge.

B. If an order of attachment is issued, it may be executed in any parish by the sheriff of the parish from which the attachment was issued, or by the sheriff of the parish where the offender is found.

Added by Acts 1982, No. 520, §1; Acts 2011, No. 403, §1.
La. Civ. Code art. 1806 — LA Code / Code civil-code / Article 1806
Insolvency of a solidary obligor
Status: in_force

A loss arising from the insolvency of a solidary obligor must be borne by the other solidary obligors in proportion to their portion.

Any obligor in whose favor solidarity has been renounced must nevertheless contribute to make up for the loss.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 911 — LA Code / Code code-of-criminal-procedure / Article 911
Right to appeal from judgment
Status: in_force

Appeal is the exercise of the right of the state or the defendant to have a judgment or ruling reviewed by the proper appellate court. An appeal bond is not required.
La. Ch. Code art. 1564 — LA Code / Code childrens-code / Article 1564
Purpose
Status: in_force

The purpose of this Chapter is to recognize and address the complex legal and social problems created by domestic violence and to provide a civil remedy in the juvenile courts for domestic violence in homes in which children reside which will afford the victim immediate and easily accessible protection.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 136 — LA Code / Code civil-code / Article 136
Award of visitation rights
Status: in_force

A. Subject to R.S. 9:341 and 364, a parent not granted custody or joint custody of a child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would not be in the best interest of the child.

B. In addition to the parents referred to in Paragraph A of this Article, the following persons may be granted visitation if the parents of the child are not married or cohabitating with a person in the manner of married persons or if the parents of the child have filed a petition for divorce:

(1) A grandparent if the court finds that it is in the best interest of the child.

(2) Under extraordinary circumstances, any other relative, by blood or affinity, or a former stepparent or stepgrandparent if the court finds that it is in the best interest of the child. Extraordinary circumstances shall include a determination by a court that a parent is abusing a controlled dangerous substance.

C. Before making any determination under Subparagraph (B)(1) or (2) of this Article, the court shall hold a contradictory hearing as provided by R.S. 9:345 in order to determine whether the court should appoint an attorney to represent the child.

D. In determining the best interest of the child under Subparagraph (B)(1) or (2) of this Article, the court shall consider only the following factors:

(1) A parent's fundamental constitutional right to make decisions concerning the care, custody, and control of their own children and the traditional presumption that a fit parent will act in the best interest of their children.

(2) The length and quality of the prior relationship between the child and the relative.

(3) Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the relative.

(4) The preference of the child if he is determined to be of sufficient maturity to express a preference.

(5) The mental and physical health of the child and the relative.

E. If the parents of a child are married and have not filed for divorce or they are living in concubinage, the provisions of R.S. 9:344 shall apply.

Acts 1992, No. 782, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 1995, No. 57, §1; Acts 2009, No. 379, §2; Acts 2012, No. 763, §1, eff. June 12, 2012; Acts 2014, No. 586, §1; Acts 2018, No. 383, §1; Acts 2018, No. 412, §1, eff. May 23, 2018.
La. Code Civ. Proc. art. 2794 — LA Code / Code code-of-civil-procedure / Article 2794
Confirmed registered support order; enforcement
Status: in_force

A. When confirmed, the registered support order shall be enforced in the same manner as a support order issued by the registering court. It is subject to the same procedures, defenses, and proceedings for enforcing or staying as a support order of the rendering court.

B. At a hearing to enforce a confirmed registered support order for enforcement, the obligor may present matters that would be available to him as defenses in an action to enforce the support order in the rendering court. If he shows to the court that an appeal from the order is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the order until the appeal has been concluded, the time for appeal has expired, or the stay order has been vacated, upon satisfactory proof that the obligor has furnished security for payment of the support ordered as required by the rendering court. If he shows to the court any ground upon which enforcement of the confirmed registered support order may be stayed, the court shall stay enforcement of the order for an appropriate period if the obligor furnishes the security for payment of the support ordered that is required by law.

Added by Acts 1997, No. 603, §2.
La. Code Civ. Proc. art. 4267 — LA Code / Code code-of-civil-procedure / Article 4267
Loans to tutor for specific purposes; authority to mortgage and pledge minor's property
Status: in_force

When it appears to the best interest of the minor, and after compliance with Article 4271, the court may authorize a tutor to borrow money for the purpose of preserving or administering the property, of paying debts, for expenditures in the regular course of a business conducted in accordance with Article 4266, or for the care, maintenance, training, or education of the minor. As security for such a loan, the court may authorize the tutor to mortgage or pledge property of the minor upon such terms and conditions as it may direct. Before authorizing a loan, the court may require the tutor to furnish additional security in an amount fixed by the court.
La. Civ. Code art. 1310 — LA Code / Code civil-code / Article 1310
Nature of possession required.
Status: in_force

But the possession, necessary to support this action, must be in the names of the persons enjoying it, and for themselves; it can not be instituted by those who possess in the name of another, as tenants and depositaries.
La. Civ. Code art. 761 — LA Code / Code civil-code / Article 761
Use of accessory right.
Status: in_force

The use of a right that is only accessory to the servitude is not use of the servitude.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1384 — LA Code / Code civil-code / Article 1384
Reciprocal warranty against disturbance or eviction.
Status: in_force

The coheirs remain respectively bound to warrant, one to the other, the property falling to each of their shares against the disturbance and eviction which they may suffer, * when the disturbance or eviction proceeds from a cause anterior to the partition.

* English translation of French text incomplete; should include "but only."
La. Ch. Code art. 1607 — LA Code / Code childrens-code / Article 1607
Joinder and withdrawal
Status: in_force

A. This compact shall be open to joinder by any state. It shall enter into force as to a state when its duly constituted and empowered authority has executed it.

B. In order that the provisions of this compact may be accessible to and known by the general public and so that its status as law in each of the party states may be fully implemented, the full text of the compact, together with a notice of its execution shall be caused to be published by the authority which has executed it in each party state. Copies of the compact shall be made available upon request made of the executing authority in any state.

C. Withdrawal from this compact shall be by written notice sent by the authority which executed it to the appropriate officials of all other party states, but no such notice shall take effect until one year after it is given in accordance with the requirements of this Paragraph.

D. All adoption assistance agreements outstanding and to which a party state is signatory at the time when its withdrawal from this compact takes effect shall continue to have the effects given to them pursuant to this compact, until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreements involved shall continue to have all rights and obligations conferred or imposed by this compact, and the withdrawing state shall continue to administer the compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
La. Civ. Code art. 42 — LA Code / Code civil-code / Article 42
Domicile of interdict
Status: in_force

The domicile of a full interdict is that of the curator. A limited interdict retains his domicile, unless otherwise provided in the judgment of interdiction.

Acts 2008, No. 801, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 55 — LA Code / Code civil-code / Article 55
Declaration of death; effect
Status: in_force

The succession of the person declared dead shall be opened as of the date of death fixed in the judgment, and his estate shall devolve in accordance with the law of successions.

Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 3326 — LA Code / Code civil-code / Article 3326
Effect of mortgage filed after death of mortgagor
Status: in_force

A judgment or a conventional mortgage filed for recordation more than twenty days after the mortgagor dies gives no preference to the mortgagee over the other creditors of the estate of the deceased if the estate is insufficient to satisfy all the creditors.

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

{{NOTE: FORMER ART. 3326 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.}}
La. Code Civ. Proc. art. 803 — LA Code / Code code-of-civil-procedure / Article 803
Same; service or publication of summons
Status: in_force

A. When the name and address of the legal successor is known, and he is a resident of the state, he shall be summoned to appear and substitute himself for the deceased party within thirty days of the date the summons is served on him.

B. When the name and address of the legal successor is known, but he is a nonresident or absentee, he shall be summoned to appear and substitute himself for the deceased party within sixty days of the receipt of the summons through registered or certified mail.

C. If the name or address of the legal successor is unknown, the summons shall be by two publications not less than fifteen days apart in a newspaper published in the parish where the action is pending and in the parish of the domicile of the deceased party, which shall summon him to appear and substitute himself for the deceased party within sixty days of the first publication. The summons shall be addressed to the legal successor by name, if the latter is known; and otherwise shall be addressed to "The legal successor of ____________, deceased".

Acts 1987, No. 146, §1.
La. Code Crim. Proc. art. 264 — LA Code / Code code-of-criminal-procedure / Article 264
Investigation of demand by governor
Status: in_force

When a demand is made upon the governor of this state by the executive authority of another state for surrender of a person wanted by the other state, the governor may call upon the attorney general, a district attorney, or other official or agency in this state to investigate or assist in investigating the demand, and to report to him the situation of and circumstances surrounding the person so demanded, and whether or not he ought to be surrendered.
La. Ch. Code art. 863 — LA Code / Code childrens-code / Article 863
Effect of transfer order; review
Status: in_force

A. An order of transfer terminates the jurisdiction of the court exercising juvenile jurisdiction over the child with respect to the delinquent acts alleged in the petition. The appropriate court exercising criminal jurisdiction shall retain jurisdiction over the case, even though the child pleads guilty to, or is convicted of, a lesser included offense. The plea to, or conviction of, a lesser included offense shall not revest juvenile jurisdiction over such child.

B. The decision of the court regarding transfer of the case to the court exercising criminal jurisdiction is only an interlocutory judgment which either the child or the state, or both, have the right to have reviewed summarily by the appropriate court of appeal. Such review shall be by preference.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 3541 — LA Code / Code civil-code / Article 3541
Other juridical acts and quasi-contractual obligations
Status: in_force

Unless otherwise provided by the law of this state, the law applicable to juridical acts other than contracts and to quasi-contractual obligations is determined in accordance with the principles of this Title.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 1625 — LA Code / Code civil-code / Article 1625
Reconciliation
Status: in_force

A. A person who is disinherited may overcome the disinherison by proving reconciliation with the testator after the occurrence of the reason, facts, or circumstances expressed in the instrument, provided he does so by clear and convincing evidence.

B. A writing signed by the testator that clearly and unequivocally demonstrates reconciliation shall constitute clear and convincing evidence.

Acts 2001, No. 573, §1, eff. June 22, 2001.
La. Code Civ. Proc. art. 3396.12 — LA Code / Code code-of-civil-procedure / Article 3396.12
Death of successor
Status: in_force

If a successor dies before the filing of an application for independent administration and the share of the successor is transmitted to his estate, then the deceased successor's universal successors, or the succession representative if one has qualified as such, may sign the application for independent administration of the decedent's estate.

Acts 2001, No. 974, §1.
La. Code Civ. Proc. art. 2003 — LA Code / Code code-of-civil-procedure / Article 2003
Same; action lost through acquiescence
Status: in_force

A defendant who voluntarily acquiesced in the judgment, or who was present in the parish at the time of its execution and did not attempt to enjoin its enforcement, may not annul the judgment on any of the grounds enumerated in Article 2002.
La. Civ. Code art. 2753 — LA Code / Code civil-code / Article 2753
Birth of child during sea voyage.
Status: in_force

The price of a passage agreed to be paid by a women [woman], for going by sea from one country to another, shall not be increased in case the woman has a child during the voyage, whether her pregnancy was known or not by the master of the ship.
La. Civ. Code art. 3083 — LA Code / Code civil-code / Article 3083
Compromise suspends prescription
Status: in_force

A compromise entered into prior to filing suit suspends the running of prescription of the claims settled in the compromise. If the compromise is rescinded or dissolved, prescription on the settled claims begins to run again from the time of rescission or dissolution.

Acts 2007, No. 138, §1.
La. Civ. Code art. 522 — LA Code / Code civil-code / Article 522
Transfer of ownership by owner under annullable title.
Status: in_force

A transferee of a corporeal movable in good faith and for fair value retains the ownership of the thing even though the title of the transferor is annulled on account of a vice of consent.

Acts 1979, No. 180, §1.
La. Code Civ. Proc. art. 1355 — LA Code / Code code-of-civil-procedure / Article 1355
Service of subpoena
Status: in_force

A. Except as provided in Paragraph B of this Article, a subpoena shall be served and a return thereon made in the same manner and with the same effect as a service of and return on a citation. When a party is summoned as a witness, service of the subpoena may be made by personal service on the witness' attorney of record.

B. Except as otherwise provided by law, when the sheriff has not made service of a subpoena within five days after its receipt or when a return has been made certifying that the sheriff has been unable to make service, any person over the age of majority, not a party and residing within the state, may make service of the subpoena in the same manner as is required by the sheriff. Proof of service by a private person shall be made by filing with the clerk of the court by which the subpoena is issued a notarized return showing the title of the action and the name of the court issuing it, the date and manner of service, and the name of the person served, signed by the person who made the service.

Acts 2008, No. 824, §3, eff. Jan. 1, 2009.
La. Civ. Code art. 3539 — LA Code / Code civil-code / Article 3539
Capacity
Status: in_force

A person is capable of contracting if he possesses that capacity under the law of either the state in which he is domiciled at the time of making the contract or the state whose law is applicable to the contract under Article 3537.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 2988 — LA Code / Code civil-code / Article 2988
Applicability of the rules of mandate
Status: in_force

A procuration is subject to the rules governing mandate to the extent that the application of those rules is compatible with the nature of the procuration.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Ch. Code art. 727 — LA Code / Code childrens-code / Article 727
General applicability
Status: in_force

Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.

Acts 1991, No. 235, §7.