FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 5127 — LA Code / Code code-of-civil-procedure / Article 5127
Release bond
Status: in_force

No property seized under any order, judgment, writ, mandate, or process of a court may be released from seizure under a release or forthcoming bond unless it is executed by:

(1) A surety company licensed to do business in this state; or

(2) An individual surety, and has been approved by the sheriff after the latter has satisfied himself of the solvency of the surety.

Articles 5121 through 5126 apply to a release or forthcoming bond.
La. Code Crim. Proc. art. 778 — LA Code / Code code-of-criminal-procedure / Article 778
Motion for acquittal
Status: in_force

In a trial by the judge alone the court shall enter a judgment of acquittal on one or more of the offenses charged, on its own motion or on that of defendant, after the close of the state's evidence or of all the evidence, if the evidence is insufficient to sustain a conviction.

If the court denies a defendant's motion for a judgment of acquittal at the close of the state's case, the defendant may offer its evidence in defense.

Amended by Acts 1975, No. 527, §1.
La. Civ. Code art. 3059 — LA Code / Code civil-code / Article 3059
Extinction of principal obligation
Status: in_force

The extinction of the principal obligation extinguishes the suretyship.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 1598 — LA Code / Code civil-code / Article 1598
Right of legatees to fruits and products
Status: in_force

All legacies, whether particular, general, or universal, include the fruits and products attributable to the object of the legacy from the date of death, but the right of any legatee to distribution under this Article is subject to administration of the succession.

Nevertheless, the legatee of a specified amount of money is entitled to interest on it, at a reasonable rate, beginning one year after the testator's death, but the executor may, by contradictory proceedings with the legatee and upon good cause shown, obtain an extension of time for such interest to begin to accrue and for such other modification with regard to payment of interest as the court deems appropriate. If, however, the legacy is subject to a usufruct for life of a surviving spouse or is held in trust subject to an income interest for life, to or for the benefit of a surviving spouse, the spouse shall be entitled to interest on the money from the date of death at a reasonable rate.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 2531 — LA Code / Code civil-code / Article 2531
Liability of seller who knew not of the defect
Status: in_force

A seller who did not know that the thing he sold had a defect is only bound to repair, remedy, or correct the defect. If he is unable or fails so to do, he is then bound to return the price to the buyer with interest from the time it was paid, and to reimburse him for the reasonable expenses occasioned by the sale, as well as those incurred for the preservation of the thing, less the credit to which the seller is entitled if the use made of the thing, or the fruits it has yielded, were of some value to the buyer.

A seller who is held liable for a redhibitory defect has an action against the manufacturer of the defective thing, if the defect existed at the time the thing was delivered by the manufacturer to the seller, for any loss the seller sustained because of the redhibition. Any contractual provision that attempts to limit, diminish or prevent such recovery by a seller against the manufacturer shall have no effect.

Amended by Acts 1974, No. 673, §1; Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Evid. art. 307 — LA Code / Code code-of-evidence / Article 307
Jury instructions
Status: in_force

In jury cases, upon request, the jury shall be instructed of the existence of a presumption and instructed as to its effect in accordance with Articles 305 and 306.

Acts 1997, No. 577, §1.
La. Civ. Code art. 1592 — LA Code / Code civil-code / Article 1592
Accretion among joint legatees
Status: in_force

When a legacy to a joint legatee lapses, accretion takes place ratably in favor of the other joint legatees, except as provided in the following Article.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 1546 — LA Code / Code civil-code / Article 1546
Acceptance during lifetime of donee
Status: in_force

The acceptance shall be made during the lifetime of the donee. If the donee dies without having accepted the donation, his successors may not accept for him.

Amended by Acts 1966, No. 44, §1; Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Code Civ. Proc. art. 3405 — LA Code / Code code-of-civil-procedure / Article 3405
Testament probated outside Louisiana
Status: in_force

A testament admitted to probate outside Louisiana shall be governed by the provisions of R.S. 9:2421 through 9:2425.
La. Ch. Code art. 1602 — LA Code / Code childrens-code / Article 1602
Findings
Status: in_force

The party states find that:

(1) In order to obtain adoptive families for children with special needs, prospective adoptive parents must be assured of substantial assistance, usually on a continuing basis, in meeting the high costs of supporting and providing for the special needs and services required by such children.

(2) The states have a fundamental interest in promoting adoption for children with special needs because the care, emotional stability, and general support and encouragement required by such children to surmount their physical, mental, or emotional conditions can be best, and often only, obtained in family homes with a normal parent-child relationship.

(3) The states obtain advantages from providing adoption assistance because the customary alternative is for the state to defray the entire cost of meeting all the needs of such children.

(4) The special needs involved are for the emotional, physical maintenance of the child, and medical support and services.

(5) The necessary assurances of adoption assistance for children with special needs, in those instances where children and adoptive parents are in states other than the one undertaking to provide the assistance, is to establish and maintain suitable substantive guarantees and workable procedures for interstate payments to assist with the necessary child maintenance, procurement of services, and medical assistance.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 2593 — LA Code / Code code-of-civil-procedure / Article 2593
Pleadings
Status: in_force

A summary proceeding may be commenced by the filing of a contradictory motion or by a rule to show cause, except as otherwise provided by law.

Exceptions to a contradictory motion, rule to show cause, opposition, or petition in a summary proceeding shall be filed prior to the time assigned for, and shall be disposed of at, the trial. An answer is not required, except as otherwise provided by law.

No responsive pleadings to an exception are permitted.

Acts 2010, No. 861, §1A.
La. Ch. Code art. 601 — LA Code / Code childrens-code / Article 601
Purpose
Status: in_force

The purpose of this Title is to protect children whose physical or mental health, welfare, and safety is substantially at risk of harm by physical abuse, neglect, or exploitation and who may be further threatened by the conduct of others, by providing for the reporting of suspected cases of abuse, exploitation, or neglect of children; by providing for the investigation of complaints; and by providing, if necessary, for the resolution of child in need of care proceedings in the courts. The proceedings shall be conducted expeditiously to avoid delays in achieving permanency for children. This Title is intended to provide the greatest possible protection as promptly as possible for children. The health, welfare, safety, and best interest of the child shall be the paramount concern in all proceedings pursuant to this Title. This Title shall be construed in accordance with Article 102. This Title shall be administered and interpreted to avoid unnecessary interference with family privacy and trauma to the child, and yet, at the same time, authorize the protective and preventive intervention needed for the health, welfare, safety, and well-being of children.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
La. Civ. Code art. 3288 — LA Code / Code civil-code / Article 3288
Requirements of contract of mortgage
Status: in_force

A contract of mortgage must state precisely the nature and situation of each of the immovables or other property over which it is granted; state the amount of the obligation, or the maximum amount of the obligations that may be outstanding at any time and from time to time that the mortgage secures; and be signed by the mortgagor.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 214 — LA Code / Code civil-code / Article 214
Adult adoption; recordation requirement
Status: in_force

The adoption is effective when the act of adult adoption and any judgment required to authorize the adoption are filed for registry, except as otherwise provided by law.

Amended by Acts 1948, No. 454, §1; Acts 1958, No. 514, §1; Acts 1978, No. 458, §1; Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 2008, No. 351, §1, eff. Jan. 1, 2009.
La. Code Civ. Proc. art. 1430.1 — LA Code / Code code-of-civil-procedure / Article 1430.1
Ex parte order; death or incapacitating illness
Status: in_force

A. Notwithstanding the provisions of Article 1430, the court may by ex parte order grant the perpetuation of testimony as provided in Article 1431 if:

(1) The facts set forth in the petition show the desire to perpetuate testimony is based upon a reasonable belief that there is a substantial possibility that the person whose testimony is sought will die or be too incapacitated to testify before a contradictory hearing can be held; and

(2) The interest of justice requires the immediate perpetuation of the testimony.

B. Should the court grant perpetuation of testimony in accordance with this Article, the petitioner shall give reasonable notice in writing to an expected adverse party of the time and place for perpetuating the testimony, manner of perpetuation, name and address of the person whose testimony is to be perpetuated, and the subject matter of the testimony.

C. If an expected adverse party is a minor or incompetent, the court shall appoint an attorney to represent him, and the notice shall be sent to the attorney.

D. No appeal shall lie from the granting or denial of an ex parte order under this Article. The admissibility at trial or other proceeding of any testimony perpetuated under this Article shall be governed by the Louisiana Code of Evidence.

E. The procedure authorized by this Article shall be in addition to any other procedure provided by law for the perpetuation of testimony.

Acts 1989, No. 53, §1.
La. Civ. Code art. 1822 — LA Code / Code civil-code / Article 1822
Third person bound for amount assumed
Status: in_force

A person who, by agreement with the obligor, assumes the obligation of the latter is bound only to the extent of his assumption.

The assuming obligor may raise any defense based on the contract by which the assumption was made.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1703 — LA Code / Code code-of-civil-procedure / Article 1703
Scope of judgment
Status: in_force

A default judgment shall not be different in kind from that demanded in the petition. The amount of damages awarded shall be the amount proven to be properly due as a remedy.

Amended by Acts 1988, No. 443, §2, eff. Jan. 1, 1989; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.

NOTE: See Acts 1988, No. 443, §3.
La. Civ. Code art. 263 — LA Code / Code civil-code / Article 263
Qualified ascendants; collaterals by blood; surviving spouse.
Status: in_force

When a tutor has not been appointed to the minor by father or mother dying last, or if the tutor thus appointed has not been confirmed or has been excused, then the judge shall appoint to the tutorship, from among the qualified ascendants in the direct line, collaterals by blood within the third degree and the surviving spouse of the minor's mother or father dying last, the person whose appointment is in the best interests of the minor.

Amended by Acts 1976, No. 429, §1.
La. Civ. Code art. 881 — LA Code / Code civil-code / Article 881
Representation: effect
Status: in_force

Representation is a fiction of the law, the effect of which is to put the representative in the place, degree, and rights of the person represented.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Civ. Code art. 3361 — LA Code / Code civil-code / Article 3361
Effect of amendment
Status: in_force

If before the effect of recordation ceases an instrument is recorded that amends a recorded mortgage, pledge, or privilege to describe or modify the maturity of a particular obligation that it secures, then the time of cessation of the effect of the recordation is determined by reference to the maturity of the obligation last becoming due described in the mortgage, pledge, or privilege as amended.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2014, No. 281, §1, eff. Jan. 1, 2015.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Civ. Code art. 539 — LA Code / Code civil-code / Article 539
Usufruct of nonconsumable things.
Status: in_force

If the things subject to the usufruct are nonconsumables, the usufructuary has the right to possess them and to derive the utility, profits, and advantages that they may produce, under the obligation of preserving their substance.

He is bound to use them as a prudent administrator and to deliver them to the naked owner at the termination of the usufruct.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 3245 — LA Code / Code code-of-civil-procedure / Article 3245
Submission of formal proof of claim to suspend prescription
Status: in_force

A. A creditor may suspend the running of prescription against his claim for up to ten years:

(1) By delivering personally or by certified or registered mail to the succession representative, or his attorney of record, a formal written proof of the claim.

(2) By filing a formal written proof of the claim in the record of the succession proceeding, if the succession has been opened and no person has been appointed or confirmed as succession representative and no judgment of possession has been signed.

(3) By filing a formal written proof of the claim in the mortgage records of the appropriate parish as provided in Article 2811, in the absence of a proceeding to open the succession.

B. Such proof of claim shall be sworn to by the claimant and shall set forth:

(1) The name and address of the creditor;

(2) The amount of the claim, and a short statement of facts on which it is based; and

(3) If the claim is secured, a description of the security and of any property affected thereby.

C. If the claim is based on a written instrument, a copy thereof with all endorsements must be attached to the proof of the claim. The original instrument must be exhibited to the succession representative on demand, unless it is lost or destroyed, in which case its loss or destruction must be stated in the claim.

D. The submission of this formal proof of claim, even though it be rejected subsequently by the succession representative, shall suspend the running of prescription against the claim as long as the succession is under administration or, if the succession has been opened and no person has been appointed or confirmed as succession representative and no judgment of possession has been signed, submission of the formal proof of claim shall suspend the running of prescription against the claim as long as no judgment of possession has been signed. In the absence of a proceeding to open the succession, submission of the formal proof of claim shall suspend the running of prescription against the claim for five years, commencing from the date of submission of the proof of claim.

Acts 1987, No. 693, §1; Acts 1993, No. 481, §1.
La. Civ. Code art. 3168 — LA Code / Code civil-code / Article 3168
Requirements of contract
Status: in_force

A contract establishing a pledge of the lessor's rights in the lease of an immovable and its rents must state precisely the nature and situation of the immovable and must state the amount of the secured obligation or the maximum amount of secured obligations that may be outstanding from time to time.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Ch. Code art. 650 — LA Code / Code childrens-code / Article 650
Intervention
Status: in_force

A. For good cause shown, the court may allow any family member or interested person to intervene to facilitate the placement of the child and to ensure that the best interests of the child are protected.

B. The court may limit the nature and extent of the intervenor's participation in the adjudication hearing.

C. For the purposes of this Article, "interested person" means any person with whom the child enjoys a close, established, significant relationship, yet not a blood relative, including a neighbor, godparent, teacher, or close friend of the parent.

Acts 2023, No. 226, §1.
La. Ch. Code art. 1213 — LA Code / Code childrens-code / Article 1213
Continuing duties of the department; home study report
Status: in_force

A. After an interlocutory decree has been entered, the department shall maintain contact with the proposed adoptive home directly or through another agency in accordance with Article 1207.

B. The licensed private adoption placing agency, or the department for children in department custody, maintains responsibility for the safety and welfare of the child. The department is responsible for submission of a confidential court report that ensures the accuracy and thoroughness of the resulting reports. The department shall adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement this authorization in accordance with the Administrative Procedure Act.

C. If an interlocutory decree has been entered, a second confidential report shall be presented to the court preceding the hearing on the final decree of agency adoption. The findings of this report shall be based upon the same considerations as prescribed in Article 1207 and shall disclose any changed conditions and all new pertinent information.

D. Repealed by Acts 2022, No. 633, §2.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2021, No. 6, §1; Acts 2022, No. 633, §§1, 2.
La. Ch. Code art. 1217 — LA Code / Code childrens-code / Article 1217
Final decree; notice; standard
Status: in_force

A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.

B. The court, after hearing and after taking into consideration information from all sources concerning the adoption, may enter a final decree of agency adoption, or it may deny the adoption. The basic consideration shall be the best interests of the child.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2014, No. 721, §1.
La. Ch. Code art. 1567 — LA Code / Code childrens-code / Article 1567
Venue; standing
Status: in_force

A. Venue lies in either:

(1) The parish in which the marital domicile is located or in which the household is located.

(2) The parish in which the defendant resides.

(3) The parish in which the abuse is alleged to have been committed.

(4) For purposes of issuing an order pursuant to Article 1569(A)(1) only, the parish in which the petitioner resides.

(5) The parish in which an action for an annulment of marriage or for a divorce could be brought pursuant to the Code of Civil Procedure.

B. An adult may seek relief under this Chapter by filing a petition with the court alleging abuse by the defendant. Any parent, adult household member, local child protection unit of the Department of Children and Family Services, or district attorney may seek relief on behalf of any child or any person alleged to be incompetent by filing a petition with the court alleging abuse by the defendant. A petitioner's right to relief under this Chapter shall not be affected by his leaving the residence or household to avoid further abuse.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1995, No. 1095, §8; Acts 1997, No. 1156, §1.
La. Civ. Code art. 457 — LA Code / Code civil-code / Article 457
Roads; public or private.
Status: in_force

A road may be either public or private.

A public road is one that is subject to public use. The public may own the land on which the road is built or merely have the right to use it.

A private road is one that is not subject to public use.

Acts 1978, No. 728, §1.
La. Civ. Code art. 1726 — LA Code / Code civil-code / Article 1726
Partition by act inter vivos, formalities.
Status: in_force

Those made by an act inter vivos can have only present property for their object, and are subject to all the formalities and conditions of donations inter vivos.
La. Civ. Code art. 647 — LA Code / Code civil-code / Article 647
Benefit to dominant estate.
Status: in_force

There must be a benefit to the dominant estate. The benefit need not exist at the time the servitude is created; a possible convenience or a future advantage suffices to support a servitude.

There is no predial servitude if the charge imposed cannot be reasonably expected to benefit the dominant estate.

Acts 1977, No. 514, §1.