FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1306.5 — LA Code / Code childrens-code / Article 1306.5
Notice of registration of order
Status: in_force

A. When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

B. The notice must inform the nonregistering party:

(1) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(2) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is under Article 1307.7;

(3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

(4) Of the amount of any alleged arrearages.

C. If the registering party asserts that two or more orders are in effect, a notice must also:

(1) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

(2) Notify the nonregistering party of the right to a determination of which is the controlling order;

(3) State that the procedures provided in Paragraph B of this Article apply to the determination of which is the controlling order; and

(4) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

D. Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income-withholding law of this state.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 3435 — LA Code / Code civil-code / Article 3435
Vices of possession
Status: in_force

Possession that is violent, clandestine, discontinuous, or equivocal has no legal effect.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 3244 — LA Code / Code civil-code / Article 3244
Voluntary sale of ship while on voyage, rights of privileged creditors.
Status: in_force

On the other hand, if the ship was on a voyage at the time of sale, the privilege of the creditor against the purchaser shall only become extinct after the ship shall have returned to the port of departure, and the creditors of the vendor shall have allowed her to depart on another voyage for the account and risk of the purchaser, and shall have made no claim.
La. Code Civ. Proc. art. 4908 — LA Code / Code code-of-civil-procedure / Article 4908
New trial; procedure in parish or city courts
Status: in_force

The application for new trial, and the new trial, when granted, shall be governed by the provisions of Article 1971 and Articles 1975 through 1979.

Acts 1986, No. 156, §1.
La. Code Civ. Proc. art. 4462 — LA Code / Code code-of-civil-procedure / Article 4462
Inventory dispensed with
Status: in_force

In a proceeding under this Chapter, the applicant for the tutorship may file a detailed descriptive list of the property instead of an inventory. The list shall be sworn to and subscribed by the applicant, and shall set forth the location and fair market value of each item of property.

The list has the same effect as an inventory, and an abstract thereof recorded in the mortgage records preserves the legal mortgage of the minor.
La. Code Evid. art. 803.1 — LA Code / Code code-of-evidence / Article 803.1
Hearsay exceptions; foreign records of regularly conducted activity
Status: in_force

A.(1) Except as otherwise provided by this Code, in a criminal proceeding, a foreign record of regularly conducted activity, or a copy of such record, shall not be excluded as evidence by the hearsay rule if a foreign certification attests to the following:

(a) Such record was made, at or near the time of the occurrence of the matters set forth, by or from information transmitted by, a person with knowledge of those matters; and

(b) Such record was kept in the course of a regularly conducted business activity; and

(c) The business activity made such a record as a regular practice; and

(d) If such record is not the original, such record is a duplicate of the original, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.

(2) A party intending to offer in evidence pursuant to this Article a foreign record of regularly conducted activity shall provide written notice of that intention to each other party not less than ten days prior to trial. A motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial. Failure by a party to file such motion before trial shall constitute a waiver of objection to such record or duplicate, but the court for cause shown may grant relief from the waiver.

B. As used in this Article:

(1) "Foreign record of regularly conducted activity" means a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, maintained by a business domiciled in a jurisdiction outside the territorial limits of the state of Louisiana.

(2) "Foreign certification" means a written declaration made and signed in a jurisdiction outside the territorial limits of the state of Louisiana by the custodian of a business record of regularly conducted activity or another qualified person that, if falsely made, would subject the maker to criminal penalty under the laws of the state of Louisiana.

(3) "Business" includes a business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

Acts 2008, No. 178, §1.
La. Civ. Code art. 1471 — LA Code / Code civil-code / Article 1471
Capacity to give, time for existence
Status: in_force

Capacity to donate inter vivos must exist at the time the donor makes the donation. Capacity to donate mortis causa must exist at the time the testator executes the testament.

Acts 1991, No. 363, §1.
La. Civ. Code art. 533 — LA Code / Code civil-code / Article 533
Kinds of servitudes.
Status: in_force

There are two kinds of servitudes: personal servitudes and predial servitudes.

Acts 1976, No. 103, §1.
La. Civ. Code art. 58 — LA Code / Code civil-code / Article 58
Succession rights of person presumed dead or declared dead
Status: in_force

A person who is presumed to be dead or who has been declared dead at a time a succession would have been opened in his favor cannot be a successor. The estate of the deceased devolves as if that person were dead at the time of the opening of the succession.

Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
La. Ch. Code art. 690 — LA Code / Code childrens-code / Article 690
Case review report purpose; contents
Status: in_force

A. The case review report shall review the status of the child.

B. The case review report shall address the following:

(1) The continuing necessity for and appropriateness of the placement.

(2) The extent of compliance with the case plan.

(3) The extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care.

(4) A likely date by which the child may be returned to the home or placed for adoption or guardianship of the person of the child.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 2718 — LA Code / Code civil-code / Article 2718
Leases with reservation of right to terminate
Status: in_force

A lease in which one or both parties have reserved the right to terminate the lease before the end of the term may be so terminated by giving the notice specified in the lease contract or the notice provided in Articles 2727 through 2729, whichever period is longer. The right to receive this notice may not be renounced in advance.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Ch. Code art. 1504 — LA Code / Code childrens-code / Article 1504
Kinds of contempt
Status: in_force

A. A contempt of court is any act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority.

B. Contempts of court are of two kinds, direct and constructive.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 2164.1 — LA Code / Code code-of-civil-procedure / Article 2164.1
Assignment of appellate panels
Status: in_force

The provisions of R.S. 13:319 shall be applicable to assignment of appellate panels.

Acts 2018, No. 658, §2.
La. Ch. Code art. 1282.2 — LA Code / Code childrens-code / Article 1282.2
Findings
Status: in_force

The court shall issue a judgment recognizing the foreign adoption and rendering a final decree of adoption upon finding that:

(1) At least one of the adopting parents is a domiciliary of the state of Louisiana.

(2) The original or a certified copy of the foreign adoption decree, together with a notarized transcript, has been filed and is presumed to have been granted in accordance with the law of the foreign country.

(3) The child has qualified as a foreign orphan and is in the United States in accordance with applicable federal regulations.

(4) The child is either a permanent resident or a naturalized citizen of the United States.

(5) The petitioners have the ability to care for, maintain, and educate the child.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Code Civ. Proc. art. 5185 — LA Code / Code code-of-civil-procedure / Article 5185
Rights of party permitted to litigate without payment of costs
Status: in_force

A. When an order of court permits a party to litigate without the payment of costs until this order is rescinded or expires, the party is entitled to:

(1) All services required by law of a sheriff, clerk of court, court reporter, notary, or other public officer in, or in connection with, the judicial proceeding, including but not limited to the filing of pleadings and exhibits, the issuance of certificates, the certification of copies of notarial acts and public records, the issuance and service of subpoenas and process, the taking and transcribing of testimony, and the preparation of a record of appeal.

(2)(a) The right to the compulsory attendance of not more than six witnesses for the purpose of testifying, either in court or by deposition, without the payment of the fees, mileage, and other expenses allowed these witnesses by law. If a party has been permitted to litigate without full payment of costs and is unable to pay for witnesses desired by the party, in addition to those summoned at the expense of the parish, the party shall make a sworn application to the court for the additional witnesses. The application shall allege that the testimony is relevant and material and not cumulative and that the defendant cannot safely go to trial without it. A short summary of the expected testimony of each witness shall be attached to the application.

(b) The court shall make a private inquiry into the facts and, if satisfied that the party is entitled to the privilege, shall render an order permitting the party to subpoena additional witnesses at the expense of the parish. If the application is denied, the court shall state the reasons for the denial in writing, which shall become part of the record.

(3) The right to a trial by jury and to the services of jurors, when allowed by law and applied for timely.

(4) The right to have any judgment or order filed and to receive one certified copy of the judgment or order.

(5) The right to a devolutive appeal, and to apply for supervisory writs.

B. The party is not entitled to a suspensive appeal, or to an order or judgment required by law to be conditioned on his furnishing security other than for costs, unless the party furnishes the necessary security therefor.

C. No public officer is required to make any cash outlay to perform any duty imposed on him under any Article in this Chapter, except to pay witnesses summoned at the expense of the parish the witness fee and mileage to which they are entitled.

Amended by Acts 1964, No. 4, §1. Acts 1984, No. 541, §1; Acts 2021, No. 416, §1.
La. Ch. Code art. 956 — LA Code / Code childrens-code / Article 956
Authority of juvenile traffic referee
Status: in_force

A. A juvenile traffic referee shall have the authority including but not limited to the following:

(1) To administer oaths.

(2) To compel the attendance of witnesses and issue subpoenas.

(3) To take testimony.

(4) To make a record of the hearing.

B. The referee's exercise of control over traffic proceedings through punishment for contempt of court shall be limited to the following:

(1) The referee may make a recommendation to any judge of the court exercising juvenile jurisdiction that the child be charged with a direct or constructive contempt of court, as otherwise governed by Chapter 2 of Title XV.

(2) Failure to comply with a subpoena, without reasonable excuse, proof of service of which appears of record, constitutes a direct contempt of the court which issued the subpoena. The referee may order the witness attached and brought to court forthwith or on a designated day. 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 witness is found.

Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3301 — LA Code / Code code-of-civil-procedure / Article 3301
Payment of estate debts; court order
Status: in_force

A succession representative may pay an estate debt only with the authorization of the court, except as provided by Articles 3224 and 3302.

Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Code Civ. Proc. art. 3337 — LA Code / Code code-of-civil-procedure / Article 3337
Effect of homologation
Status: in_force

A judgment homologating any account other than a final account shall be prima facie evidence of the correctness of the account.

A judgment homologating a final account has the same effect as a final judgment in an ordinary action.
La. Ch. Code art. 424.1 — LA Code / Code childrens-code / Article 424.1
CASA; appointment
Status: in_force

A. The court is authorized in child in need of care proceedings, or in any certification for adoption proceedings, and adoption proceedings arising from a child in need of care proceeding, or a safe haven relinquishment, to appoint a CASA program as defined in Article 116 to assist the court in fulfilling its duties and responsibilities to children brought into court.

B. Except as otherwise ordered by the court, the appointment of a CASA program for a child shall include subsequent proceedings through permanent placement of the child as defined by Article 603, including families in need of services or delinquency proceedings.

C. Upon appointment, the CASA program shall designate the individual CASA volunteer for assignment to the child. The CASA volunteer shall have as his special duty and responsibility the advocacy of the best interests of the child involved in the juvenile proceeding in which he is assigned.

D. CASA volunteers serve without compensation and at the pleasure of the court exercising juvenile jurisdiction. The judge of the court will first satisfy himself of the volunteer's qualifications, training, and ability to serve as a CASA volunteer, including his ability to represent and advocate the best interest of children assigned to him. No volunteer shall be assigned until a comprehensive criminal background check has been conducted.

E. All CASA volunteers shall:

(1) Be sworn by a judge of the court.

(2) Swear or affirm to abide by all laws, regulations, and orders of court.

(3) Swear or affirm to advocate what he perceives to be in the best interest of the child for whom he is assigned in all matters pending before the court.

Acts 1999, No. 275, §1, eff. July 1, 1999; Acts 2003, No. 609, §1; Acts 2008, No. 394.
La. Civ. Code art. 501 — LA Code / Code civil-code / Article 501
Division of alluvion.
Status: in_force

Alluvion formed in front of the property of several owners is divided equitably, taking into account the extent of the front of each property prior to the formation of the alluvion in issue. Each owner is entitled to a fair proportion of the area of the alluvion and a fair proportion of the new frontage on the river, depending on the relative values of the frontage and the acreage.

Acts 1979, No. 180, §1.
La. Civ. Code art. 2507 — LA Code / Code civil-code / Article 2507
Restitution of full price despite deterioration, deduction of damage when benefit to buyer
Status: in_force

A seller liable for eviction must return the full price to the buyer even if, at the time of the eviction, the value of the thing has been diminished due to any cause including the buyer's neglect.

Nevertheless, if the buyer has benefited from a diminution in value caused by his own act, the amount of his benefit must be deducted from the total owed to him by the seller because of the eviction.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1529 — LA Code / Code childrens-code / Article 1529
Procedure
Status: in_force

Proceedings pursuant to this Chapter shall be conducted in accordance with the Louisiana Code of Criminal Procedure.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 733 — LA Code / Code code-of-civil-procedure / Article 733
Mental incompetent; interdict
Status: in_force

A. A mental incompetent has no procedural capacity to be sued.

B. Except as otherwise provided in Articles 732, 4431, and 4566, the curator appointed by a court of this state is the proper defendant in an action to enforce an obligation against a mental incompetent or an interdict. If an incompetent has no curator, but is interdicted, or committed to or confined in a mental institution, the action shall be brought against him, but the court shall appoint an attorney at law to represent him.
La. Civ. Code art. 53 — LA Code / Code civil-code / Article 53
Validity of acts of curator after termination of the curatorship
Status: in_force

When the curator acquires knowledge of the termination of his curatorship, he is bound to file a notice in the curatorship proceeding that his authority to manage the property of the formerly absent person has ceased.

Acts of administration or disposition made by the curator after the curatorship has terminated are valid toward third persons unless notice of the termination of the curatorship has been filed in the curatorship proceeding.

Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
La. Ch. Code art. 1038 — LA Code / Code childrens-code / Article 1038
Effects of termination judgment
Status: in_force

A final judgment terminating parental rights relieves the child and the parent against whom the judgment is rendered of all of their legal duties and divests them of all of their legal rights with regard to one another except as provided in Article 1037.1, and except:

(1) The right of the child to inherit from his biological parents and other relatives.

(2) The right of the child to benefits due him from any third person, agency, state, or the United States based on his status as a child of his biological parents or the rights and benefits that a native American derives from his descent from a member of a federally recognized Indian Tribe.

(3) The right of the child to pursue any civil action, other than future child support, against his biological parents.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
La. Code Civ. Proc. art. 2294.1 — LA Code / Code code-of-civil-procedure / Article 2294.1
Time for seizure; return; city courts in Orleans Parish
Status: in_force

A. A seizure may be made under a writ of fieri facias issued by a city court in Orleans Parish, only within six months from the date of its issuance.

B. At the expiration of that time the constable shall make a return on the writ unless a seizure has been made within the time. If a seizure has been made the constable shall proceed with the sale and thereupon make a return.

Added by Acts 1978, No. 366, §1; Acts 1991, No. 289, §1; Acts 2011, 1 st Ex. Sess., No. 29, §1.
La. Civ. Code art. 2447 — LA Code / Code civil-code / Article 2447
Sale of litigious rights, prohibitions
Status: in_force

Officers of a court, such as judges, attorneys, clerks, and law enforcement agents, cannot purchase litigious rights under contestation in the jurisdiction of that court. The purchase of a litigious right by such an officer is null and makes the purchaser liable for all costs, interest, and damages.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 1355.1 — LA Code / Code code-of-civil-procedure / Article 1355.1
Reissuance of subpoena; service by certified or registered mail
Status: in_force

When a subpoena that has been personally served is ordered reissued due to continuance or passage of the trial or hearing, the party requesting such reissuance may have the subpoena served in accordance with Article 1355 or may serve the subpoena by mailing a copy of the original subpoena, together with a notice of the new date and time for attendance, to the witness at his dwelling house or usual place of abode, or to a representative of the witness if personal service of the original subpoena was made on such representative. The mailing shall be by registered or certified mail, return receipt requested. The date of mailing shall be not less than thirty-five days prior to the date on which the witness is subpoenaed to appear. A copy of the documents mailed to the witness and the signed return receipt shall be filed by the party in the record as proof of service. If the registered or certified mail is unclaimed, service of the subpoena shall be as otherwise provided by law.

Acts 1988, No. 283, §1.
La. Ch. Code art. 323 — LA Code / Code childrens-code / Article 323
Definitions
Status: in_force

(1) "Civilian investigator" means any person who performs investigative work as a noncertified employee of a law enforcement agency and who has completed training required by that law enforcement agency. Required training shall include but not be limited to basic investigative training and specific training on investigation of crimes involving a protected person.

(2) "Department" means the Department of Children and Family Services.

(3) "Protected person" means any person who is a victim of a crime or a witness in a juvenile proceeding and who either:

(a) Is under the age of eighteen years.

(b) Has a developmental disability as defined in R.S. 28:451.2.

(4) "Videotape" means the visual recording on a magnetic tape, film, videotape, compact disc, digital versatile disc, digital video disc, or by other electronic means together with the associated oral record.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2; Acts 2007, No. 70, §2; Acts 2022, No. 202, §1; Acts 2024, No. 548, §2.
La. Code Crim. Proc. art. 807 — LA Code / Code code-of-criminal-procedure / Article 807
Special written charges
Status: in_force

The state and the defendant shall have the right before argument to submit to the court special written charges for the jury. Such charges may be received by the court in its discretion after argument has begun. The party submitting the charges shall furnish a copy of the charges to the other party when the charges are submitted to the court.

A requested special charge shall be given by the court if it does not require qualification, limitation, or explanation, and if it is wholly correct and pertinent. It need not be given if it is included in the general charge or in another special charge to be given.
La. Civ. Code art. 1818 — LA Code / Code civil-code / Article 1818
Effects of indivisible obligations between more than one obligor or obligee
Status: in_force

An indivisible obligation with more than one obligor or obligee is subject to the rules governing solidary obligations.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.