FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3503 — LA Code / Code code-of-civil-procedure / Article 3503
Garnishment under writs of attachment or of sequestration
Status: in_force

Except as otherwise provided by law and in the second paragraph of this article, garnishment under a writ of attachment or of sequestration is governed by the rules applicable to garnishment under a writ of fieri facias.

In garnishment under a writ of sequestration the only property that can be seized is property the ownership or possession of which is claimed by the plaintiff or on which he claims a privilege.
La. Ch. Code art. 1306.14 — LA Code / Code childrens-code / Article 1306.14
Notice to issuing tribunal of modification
Status: in_force

Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.

Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 3092 — LA Code / Code code-of-civil-procedure / Article 3092
Form of petition for notice of application for appointment
Status: in_force

A petition for notice under Article 3091 shall not be effective unless it is signed by the petitioner or his attorney, and sets forth: (1) the name, surname, and domicile of petitioner; (2) a statement of the interest of the petitioner; (3) the name, surname, and mailing address of the person to whom the requested notice shall be given; and (4) a prayer that the requested notice be given.
La. Civ. Code art. 1614 — LA Code / Code civil-code / Article 1614
Interpretation as to after-acquired property
Status: in_force

Absent a clear expression of a contrary intention, testamentary dispositions shall be interpreted to refer to the property that the testator owns at his death.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 3133 — LA Code / Code code-of-civil-procedure / Article 3133
Proces verbal of inventory
Status: in_force

The public inventory shall be evidenced by the notary's proces verbal of the proceedings, subscribed by him, and signed by the appraisers, witnesses, and other persons who have attended. This proces verbal shall contain:

(1) The names, surnames, domiciles, and qualities of the notary taking the inventory, of the witnesses thereto, of the appraisers who have valued the property, and of any other interested persons who have attended;

(2) The dates when and places where the inventory was taken;

(3) A description of the manner in which the inventory was taken;

(4) An adequate description of each item of property belonging to the estate and found in the parish where the inventory was taken, and the fair market value thereof estimated by the appraisers;

(5) An adequate description of all of the titles, account books, and written evidences of indebtedness due the estate, found during the taking of the inventory, and the amounts of the indebtedness, and the name, surname, and address of each debtor, as shown therein;

(6) An adequate description of any property owned in whole or in part by third persons, or claimed by third persons as having been left on loan, deposit, consignment, or otherwise; and

(7) A recapitulation of the aggregate value of all movable property, the aggregate value of all immovable property, and the total value of all property owned by the estate.
La. Civ. Code art. 1619 — LA Code / Code civil-code / Article 1619
Disinherison, express and for just cause
Status: in_force

The disinherison must be made expressly and for a just cause; otherwise, it is null. The person who is disinherited must be either identified by name or otherwise identifiable from the instrument that disinherits him.

Acts 2001, No. 573, §1, eff. June 22, 2001.
La. Ch. Code art. 1222 — LA Code / Code childrens-code / Article 1222
Private adoptions; petition; contents
Status: in_force

A. The petition shall be styled: "In re _________________, Applying for Private Adoption." The petition or an attached exhibit shall state:

(1) The full name, address, age, occupation, and marital status of each petitioner.

(2) The name by which the child is known to petitioners as well as the name under which the birth of the child is recorded.

(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.

(4) If known, the name of every parent whose consent to the adoption is required pursuant to Article 1193(1) and (2) and proof of their consent, or the name of every parent and the reason such consent is not required.

(5) The diligent efforts made in accordance with Article 1135(B), if the alleged father of the child is unknown, which establish that his rights should be terminated in accordance with Article 1135(A).

(6) The date and circumstances under which the child entered the home of the petitioner.

(7) Any relationship existing between the petitioner and the child.

B. The petition shall be accompanied by a certified copy of any order terminating the rights of the child's parents and if not previously filed, by a current certification for adoption.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2003, No. 567, §1.
La. Civ. Code art. 452 — LA Code / Code civil-code / Article 452
Public things and common things subject to public use.
Status: in_force

Public things and common things are subject to public use in accordance with applicable laws and regulations. Everyone has the right to fish in the rivers, ports, roadsteads, and harbors, and the right to land on the seashore, to fish, to shelter himself, to moor ships, to dry nets, and the like, provided that he does not cause injury to the property of adjoining owners.

The seashore within the limits of a municipality is subject to its police power, and the public use is governed by municipal ordinances and regulations.

Acts 1978, No. 728, §1.
La. Ch. Code art. 791.1 — LA Code / Code childrens-code / Article 791.1
Purpose
Status: in_force

The purpose of this Chapter is to authorize the creation of truancy assessment service centers. Truancy has long been demonstrated nationwide as a primary indicator of a path to juvenile delinquency. Parishes and judicial districts have demonstrated a willingness to address truancy by providing a physical location in each parish where personnel from local schools, law enforcement, courts exercising jurisdiction over juveniles, district attorneys, correction and substance abuse counselors, and family and child-serving agencies can work together in a coordinated effort. Early intervention has been demonstrated as the key to providing the greatest chance for correcting the actions of juveniles who demonstrate a propensity for destructive or criminal behavior. The earliest possible venue for addressing the problem begins in kindergarten. By intervening at this phase, it is possible to correct potential delinquent behavior before the chances for correction become insurmountable. The centers will address the underlying causes of truancy by pooling existing resources targeted at the child and family through appropriate action by service and treatment agencies.

Acts 1999, No. 1372, §1; Acts 2001, No. 745, §1; Acts 2002, 1st Ex. Sess., No. 24, §1; Acts 2003, No. 277, §1; Acts 2003, No. 377, §1; Acts 2004, No. 570, §1; Acts 2007, No. 169, §1, eff. June 27, 2007; Acts 2023, No. 387, §1, eff. June 14, 2023.
La. Ch. Code art. 100 — LA Code / Code childrens-code / Article 100
Short title; citation of Code
Status: in_force

This Code shall be known as the "Louisiana Children's Code" and may be officially cited: Ch.C.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 1810 — LA Code / Code civil-code / Article 1810
Delay in exercising choice
Status: in_force

When the party who has the choice does not exercise it after a demand to do so, the other party may choose the item of performance.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1469 — LA Code / Code civil-code / Article 1469
Donation mortis causa; definition
Status: in_force

A donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or a part of his property. A donation mortis causa is revocable during the lifetime of the donor.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Ch. Code art. 723 — LA Code / Code childrens-code / Article 723
Order of guardianship
Status: in_force

A. The court may grant the motion and appoint a guardian for the child if the court finds by clear and convincing evidence that the requirements of Article 722 have been met and that the proposed guardianship is in the best interest of the child.

B. The guardianship order shall address the frequency and nature of visitation or contact between the child and his parent, as necessary to ensure the health, safety, and best interest of the child.

C. The guardianship order may require the parent to contribute to the support of the child to the extent the court finds the parent is able pursuant to Article 685.

D. The guardianship order continues until the child attains eighteen years of age, unless earlier modified or terminated by the court in accordance with Article 724.

Acts 2011, No. 128, §1; Acts 2014, No. 354, §1.
La. Civ. Code art. 2030 — LA Code / Code civil-code / Article 2030
Absolute nullity of contracts
Status: in_force

A contract is absolutely null when it violates a rule of public order, as when the object of a contract is illicit or immoral. A contract that is absolutely null may not be confirmed.

Absolute nullity may be invoked by any person or may be declared by the court on its own initiative.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 790 — LA Code / Code code-of-criminal-procedure / Article 790
Swearing of jurors
Status: in_force

When selection of jurors and alternate jurors has been completed, and all issues properly raised under Article 795 have been resolved, the jurors shall then be sworn together to try the case in a just and impartial manner, each to the best of his judgment, and to render a verdict according to the law and the evidence.

Acts 1990, No. 524, §1.
La. Ch. Code art. 1552 — LA Code / Code childrens-code / Article 1552
Definitions
Status: in_force

As used in this Chapter:

(1) "Attending physician" means the physician who has primary responsibility for the treatment and care of the child patient.

(2) "Child" means a person under eighteen years of age who has not been judicially emancipated under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384.

(3) "Continual profound comatose state" means that there is no reasonable medical possibility of ever achieving a cognitive state of conscious perception.

(4) "Death" means that in the announced opinion of a physician, based on ordinary standards of approved medical practice, the child has experienced an irreversible cessation of spontaneous respiratory and circulatory functions. In the event that artificial means of support preclude a determination that these functions have ceased, a child will be considered dead if, in the announced opinion of a physician based on ordinary standards of approved medical practice, the child has experienced an irreversible total cessation of brain function. Death will have occurred at the time when the relevant functions ceased. In any case when organs are to be used in a transplant, then an additional physician who is not a member of the transplant team must make the pronouncement of death.

(5) "Declaration" means a written and witnessed document voluntarily made by the declarant, authorizing the withholding or withdrawal of life-sustaining procedures for a child, in accordance with the requirements of this Chapter.

(6) "Life-sustaining procedure" means any medical procedure or intervention which, within reasonable medical judgment, would serve only to prolong the dying process. It does not include any measure deemed necessary to provide comfort care.

(7) "Terminal and irreversible condition" means a condition, injury, disease, or illness which, within reasonable medical judgment, would produce death and for which the application of a life-support system would serve only to postpone the moment of death.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 3418 — LA Code / Code civil-code / Article 3418
Abandoned things
Status: in_force

One who takes possession of an abandoned thing with the intent to own it acquires ownership by occupancy. A thing is abandoned when its owner relinquishes possession with the intent to give up ownership.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983
La. Ch. Code art. 321 — LA Code / Code childrens-code / Article 321
Partial reimbursement by indigent adults
Status: in_force

A. To the extent that a person is financially able to provide for an attorney, other necessary services and facilities of representation, and court costs, the court shall order him to pay for these items. The court may order payment in installments or in any manner which it believes reasonable and compatible with the person's financial ability.

B. Any payments shall be transmitted to and become a part of the public defender fund of the district in which the proceeding is pending.

C. When a person, who was initially determined to be indigent and was appointed counsel, subsequently hires private counsel, the court shall conduct a contradictory hearing to determine:

(1) Whether he was in fact indigent when counsel was previously appointed.

(2) What charges were incurred in retaining counsel.

(3) What expenses have been incurred by the district public defender or other appointed counsel.

D. Upon determining the expenses incurred, the court may hold the person liable to the district public defender or other appointed counsel for reimbursement of all or part of those expenses. A judgment for the amount owed may be recorded in the mortgage records and may be enforced as provided by law.

E. If the court finds that the parents are financially able, it may order them to reimburse the appointed counsel or district public defender's office for some or all of the costs of representing the child that are incurred before retained counsel has enrolled as counsel of record.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2007, No. 307, §9; Acts 2010, No. 593, §1.
La. Ch. Code art. 1307.2 — LA Code / Code childrens-code / Article 1307.2
Applicability
Status: in_force

This Section applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this Section is inconsistent with Sections 1 through 6, this Section controls.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Crim. Proc. art. 707 — LA Code / Code code-of-criminal-procedure / Article 707
Motion for continuance; time for filing
Status: in_force

A motion for a continuance shall be in writing and shall allege specifically the grounds upon which it is based and, when made by a defendant, must be verified by his affidavit or that of his counsel. It shall be filed at least seven days prior to the commencement of trial.

Upon written motion at any time and after contradictory hearing, the court may grant a continuance, but only upon a showing that such motion is in the interest of justice.

Amended by Acts 1978, No. 735, §2; Acts 1981, No. 440, §1.
La. Civ. Code art. 746 — LA Code / Code civil-code / Article 746
Exoneration from responsibility by abandonment of the servient estate.
Status: in_force

If the act establishing the servitude binds the owner of the servient estate to make the necessary works at his own expense, he may exonerate himself by abandoning the servient estate or the part of it on which the servitude is granted to the owner of the dominant estate.

Acts 1977, No. 514, §1.
La. Civ. Code art. 3318 — LA Code / Code civil-code / Article 3318
Right of third possessor for costs of improvements
Status: in_force

A third possessor may recover the cost of any improvements he has made to the property to the extent the improvements have enhanced the value of the property, out of the proceeds realized from enforcement of the mortgage, after the mortgagee has received the unenhanced value of the property.

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

{{NOTE: FORMER ART. 3318 REPEALED BY ACTS 1992, NO. 1132, §1, EFF. JAN. 1, 1993.}}
La. Civ. Code art. 190 — LA Code / Code civil-code / Article 190
Time limit for disavowal by heir or legatee
Status: in_force

If the prescription has commenced to run and the husband dies before the prescription has accrued, his successor whose interest is adversely affected may institute an action for disavowal of paternity. The action of the successor is subject to a liberative prescription of one year. This prescription commences to run from the day of the death of the husband.

If the prescription has not yet commenced to run, the action of the successor is subject to a liberative prescription of one year. This prescription commences to run from the day the successor is notified in writing that a party in interest has asserted that the husband is the father of the child.

Amended by Acts 1976, No. 430, §1; Acts 1999, No. 790, §1; Acts 2005, No. 192, §1, eff. June 29, 2005.
La. Code Civ. Proc. art. 2379 — LA Code / Code code-of-civil-procedure / Article 2379
Rights of buyer in case of eviction
Status: in_force

The purchaser who has been evicted from property sold under a writ of fieri facias shall have his recourse for reimbursement against the judgment debtor and the seizing creditor. If judgment is obtained against both, the purchaser shall issue execution first against the judgment debtor, and if his judgment remains unsatisfied, he may issue execution against the seizing creditor. The purchaser's right of reimbursement against the seizing creditor shall be limited to the value received by the seizing creditor from the sheriff's sale conducted to sell the property under the writ of fieri facias.

Acts 2012, No. 19, §1.
La. Ch. Code art. 1251 — LA Code / Code childrens-code / Article 1251
Duties of curator ad hoc
Status: in_force

A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Any appearances or acceptances of service by the curator ad hoc shall be valid, but he shall not be allowed to waive any rights of notice.

B. The curator ad hoc shall submit to the court a note of evidence indicating the efforts made to locate the parent and shall receive an appropriate fee.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 3154 — LA Code / Code civil-code / Article 3154
Effectiveness against third persons of the pledge of the lease of an immovable
Status: in_force

The pledge of the lessor's rights in the lease of an immovable and its rents has effect against third persons in accordance with the provisions of Chapter 2 of this Title.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 194 — LA Code / Code civil-code / Article 194
Judgment in contestation action
Status: in_force

A judgment shall not be rendered decreeing that the former husband is not the father of the child unless the judgment also decrees that the present husband is the father of the child.

Acts 2005, No. 192, §1, eff. June 29, 2005.
La. Ch. Code art. 427 — LA Code / Code childrens-code / Article 427
Clerks; duties; authority
Status: in_force

A. Court clerks shall perform all duties generally required by law of clerks and all duties specifically required under the provisions of this Code.

B. Court clerks shall have all powers and authority granted by law.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 2903 — LA Code / Code code-of-civil-procedure / Article 2903
Proponent bears burden of proof
Status: in_force

At the contradictory trial to probate a testament, its proponent bears the burden of proving the authenticity of the testament, and its compliance with all of the formal requirements of law.
La. Civ. Code art. 527 — LA Code / Code civil-code / Article 527
Necessary expenses.
Status: in_force

The evicted possessor, whether in good or in bad faith, is entitled to recover from the owner compensation for necessary expenses incurred for the preservation of the thing and for the discharge of private or public burdens. He is not entitled to recover expenses for ordinary maintenance or repairs.

Acts 1979, No. 180, §1.
La. Code Crim. Proc. art. 654.1 — LA Code / Code code-of-criminal-procedure / Article 654.1
Information required prior to admission
Status: in_force

No superintendent of a mental institution shall admit a defendant found not guilty by reason of insanity pursuant to Article 654 unless the court furnishes the following information:

(1) The defendant's commitment order specifying not guilty by reason of insanity.

(2) A copy of the defendant's criminal history record.

(3) A police report concerning the charged offense.

(4) Victim and witness statements, if any.

(5) The name, address, and telephone number of the district attorney who prosecuted the defendant.

Acts 1990, No. 753, §1.
La. Code Civ. Proc. art. 1472 — LA Code / Code code-of-civil-procedure / Article 1472
Failure to admit; expenses
Status: in_force

If a party fails to admit the genuineness of any document or the truth of any matter as requested under Article 1466, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that the request was held objectionable pursuant to Article 1467, or the admission sought was of no substantial importance, or the party failing to admit had reasonable ground to believe that he might prevail on the matter, or there was other good reason for the failure to admit.

Acts 1976, No. 574, §1.
La. Ch. Code art. 1174 — LA Code / Code childrens-code / Article 1174
Issuance of preplacement certification for adoption
Status: in_force

A. If the preplacement home study is favorable, the professional who conducted it shall issue a preplacement certification for adoption to the prospective adoptive parents.

B. The preplacement certification for adoption shall be valid for a minimum of two years.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
La. Civ. Code art. 2329 — LA Code / Code civil-code / Article 2329
Exclusion or modification of matrimonial regime.
Status: in_force

Spouses may enter into a matrimonial agreement before or during marriage as to all matters that are not prohibited by public policy.

Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules. They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval.

During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval.

Acts 1979, No. 709, §1. Amended by Acts 1980, No. 565, §1.