FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1269.5 — LA Code / Code childrens-code / Article 1269.5
Court approval; incorporation into judgment
Status: in_force

A. The court shall review a continuing contact agreement executed in conformity with the requirements of this Chapter.

B. If the court finds that an agreement serves the best interest of the child, the agreement shall be incorporated into a judgment of the court. An agreement reached by the parties and approved by the department and counsel representing the child is presumed to serve the best interest of the child. The judgment shall provide that failure to comply with the terms of the agreement does not constitute grounds for annulling a surrender or the final decree of adoption.

C. If the court rejects the agreement, it shall make specific findings of fact in support of its conclusion that the best interest of the child would not be served by approval of the agreement. The factors to be considered shall include:

(1) The duration of the child's relationship with the parent, grandparent, sibling, or other relative by blood, adoption, or affinity seeking continuing contact.

(2) The strength of the psychological attachment between the child and the individual seeking continuing contact.

(3) The resulting harm to the child if the relationship is not preserved.

D. The court may receive expert testimony on the issue of continuing contact.

E. If the child is twelve years of age or older, the court shall solicit and consider the child's wishes in the matter.

Acts 2001, No. 568, §1, eff. Jan. 1, 2002; Acts 2008, No. 583, §2.
La. Code Crim. Proc. art. 22 — LA Code / Code code-of-criminal-procedure / Article 22
Procedure for punishing direct contempt
Status: in_force

A person who has committed a direct contempt of court may be found guilty and punished therefor by the court without any trial, after affording him an opportunity to be heard orally by way of defense or mitigation. The court shall render an order reciting the facts constituting the contempt, adjudging the person guilty thereof, and specifying the punishment imposed.
La. Code Crim. Proc. art. 348 — LA Code / Code code-of-criminal-procedure / Article 348
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Code Evid. art. 1003.1 — LA Code / Code code-of-evidence / Article 1003.1
Electronic duplicates
Status: in_force

A duplicate may not be deemed inadmissible or excluded from evidence solely because it is in electronic form or is a reproduction of electronically imaged or stored records, documents, data, or other information.

Acts 2001, No. 941, §1.
La. Code Civ. Proc. art. 3827 — LA Code / Code code-of-civil-procedure / Article 3827
Inability to produce person in custody
Status: in_force

If the person in custody cannot be brought before the court, the reasons therefor shall be stated in the answer. The hearing may proceed as if he had been produced.
La. Code Civ. Proc. art. 851 — LA Code / Code code-of-civil-procedure / Article 851
Three modes of procedure; Book II governs ordinary proceedings
Status: in_force

Three different modes of procedure are used in civil matters in the trial courts of this state: ordinary, summary, and executory.

The articles in this Book govern ordinary proceedings, which are to be used in the district courts in all cases, except as otherwise provided by law.

Summary and executory proceedings are regulated by the provisions of Book V.
La. Civ. Code art. 2317.1 — LA Code / Code civil-code / Article 2317.1
Damage caused by ruin, vice, or defect in things
Status: in_force

The owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.

Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.
La. Code Civ. Proc. art. 422 — LA Code / Code code-of-civil-procedure / Article 422
Personal, real, mixed actions
Status: in_force

A personal action is one brought to enforce an obligation against the obligor, personally and independently of the property which he may own, claim, or possess.

A real action is one brought to enforce rights in, to, or upon immovable property.

A mixed action is one brought to enforce both rights in, to, or upon immovable property, and a related obligation against the owner, claimant, or possessor thereof.
La. Civ. Code art. 2570 — LA Code / Code civil-code / Article 2570
Effect of failure to exercise right within time stipulated
Status: in_force

If the seller does not exercise the right of redemption within the time allowed by law, the buyer becomes unconditional owner of the thing sold.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 2083 — LA Code / Code code-of-civil-procedure / Article 2083
Judgments appealable
Status: in_force

A. A final judgment is appealable in all causes in which appeals are given by law, whether rendered after hearing, by default, or by reformation under Article 1814.

B. In reviewing a judgment reformed in accordance with a remittitur or additur, the court shall consider the reasonableness of the underlying jury verdict.

C. An interlocutory judgment is appealable only when expressly provided by law.

Amended by Acts 1984, No. 59, §1; Acts 1989, No. 173, §1; Acts 2005, No. 205, §1, eff. Jan. 1, 2006.
La. Ch. Code art. 511 — LA Code / Code childrens-code / Article 511
Forensic interviewer; qualifications
Status: in_force

A. In order to serve as a qualified forensic interviewer of children, a person shall:

(1) Possess a relevant educational or experiential background, preferably a college degree, or work experience in a field related to sociology, social work, education, criminal justice, nursing, psychology, counseling, or a similarly applied human services specialty.

(2) Complete a minimum of twenty-five hours of clinical training in interviewing traumatized children.

(3) Complete a minimum of eight hours of interviewing under the supervision of a qualified forensic interviewer of children.

(4) Demonstrate knowledge of investigations of child abuse and neglect, as well as knowledge of child development through coursework, professional training or experience.

(5) Maintain membership in appropriate national professional organizations that report research findings and offer opportunities for other continuing education for the enhancement of its members' knowledge and specialization.

B. In order to remain qualified, a forensic interviewer of children shall complete a minimum of twenty hours of additional clinical training every two years.

C. A forensic interviewer of children shall furnish satisfactory evidence of his qualifications.

D. The cost of employing and training the forensic interviewer is to be decided on in the interagency protocols developed and instituted in accordance with Articles 509 and 510 of this Part, and is not the responsibility of member agencies unless agreed to in the protocols.

Acts 2003, No. 749, §1.
La. Civ. Code art. 1733 — LA Code / Code civil-code / Article 1733
Donation of extra portion not affected by rescission.
Status: in_force

The rescission of the partition does not carry with it the nullity of a donation made as an advantage.
La. Ch. Code art. 1246 — LA Code / Code childrens-code / Article 1246
Intrafamily adoptions; petition; contents; form
Status: in_force

The petition shall be styled: "In re _________________, Applying for Intrafamily 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 as authorized by Article 1245.

(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.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993.
La. Civ. Code art. 453 — LA Code / Code civil-code / Article 453
Private things.
Status: in_force

Private things are owned by individuals, other private persons, and by the state or its political subdivisions in their capacity as private persons.

Acts 1978, No. 728, §1.
La. Code Civ. Proc. art. 74.3 — LA Code / Code code-of-civil-procedure / Article 74.3
Marriage of persons related by adoption
Status: in_force

Persons related by adoption seeking judicial authorization to marry in accordance with Civil Code Article 90 shall request authorization of the district court in the parish of either party's domicile.

Acts 1987, No. 886, §2, eff. Jan. 1, 1988.
La. Ch. Code art. 1553 — LA Code / Code childrens-code / Article 1553
Deprivation of comfort care prohibited
Status: in_force

No child, including any infant born alive, shall be denied or deprived of food or nutrients, water, oxygen, or comfort care by any person with the intent to cause or allow the death of the child for any reason, including but not limited to the following situations:

(1) The child was born with physical or mental handicapping conditions which, in the opinion of the parent, the physician, or other persons, diminishes the quality of the child's life.

(2) The child was born alive in the course of an attempted abortion.

(3) The child is not wanted by the parent.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 1738 — LA Code / Code civil-code / Article 1738
Beneficiaries
Status: in_force

The donor may donate all or any of the property that he will leave at his death (1) to both or one of the prospective spouses or (2) to both or one of them and, in the event that they or he predecease the donor or, once the donor's succession is opened, they or he either renounce the donation or are declared unworthy to receive it, to their common descendants, whether already born or to be born.

The donation is presumed to be made in favor of the common descendants of the spouses, even if, in the act of donation, the donor does not mention them.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Code Civ. Proc. art. 4061 — LA Code / Code code-of-civil-procedure / Article 4061
Natural tutor; general obligations
Status: in_force

Before a natural tutor enters upon the performance of his official duties, he must take an oath to discharge faithfully the duties of his office, cause an inventory to be taken or a detailed descriptive list to be prepared, and cause a legal mortgage in favor of the minor to be inscribed, or furnish security, in the manner provided by law.

Acts. 1983, No. 344, §1.
La. Civ. Code art. 592 — LA Code / Code civil-code / Article 592
Multiple usufructuaries; contribution to payment of estate debts
Status: in_force

If there is more than one usufructuary of the same property, each contributes to the payment of estate debts that are charged to the property in proportion to his enjoyment of the property. If one or more of the usufructuaries fails to advance his share, those of them who advance the funds shall have the right to recover the funds they advance from those who do not advance their shares.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Civ. Code art. 2946 — LA Code / Code civil-code / Article 2946
Conventional sequestration; definition
Status: in_force

Conventional sequestration takes place when two or more persons by agreement deliver to a depositary a thing, movable or immovable, the rights to which are disputed or uncertain. In that case, the depositary is bound to deliver the thing according to their agreement or according to a court order.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Code Crim. Proc. art. 684 — LA Code / Code code-of-criminal-procedure / Article 684
Review of recusal ruling
Status: in_force

A. If a district attorney is recused over the objection of the state, the state may apply for a review of the ruling by supervisory writs. The defendant may not appeal prior to sentence from a ruling recusing or refusing to recuse the district attorney.

B. If a judge is recused over the objection of the state or the defendant, or if a motion by the state or the defendant to recuse a judge is denied, the party's exclusive remedy is to apply for a review of the ruling by supervisory writs. A ruling recusing or refusing to recuse the judge shall not be considered on appeal.

C. Upon ruling on a motion to recuse a judge, the judge shall advise the defendant in open court or in writing that the ruling may be reviewed only by a timely filed supervisory writ to the appellate court and shall not be raised on appeal.

Acts 1997, No. 887, §1; Acts 2022, No. 42, §1.
La. Code Crim. Proc. art. 718.1 — LA Code / Code code-of-criminal-procedure / Article 718.1
Evidence of obscenity, video voyeurism, child sexual abuse materials, or unlawful posting of criminal activity for notoriety and publicity; prohibition on reproduction of child sexual abuse materials
Status: in_force

A. In any criminal proceeding, any property or material that is alleged to constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video voyeurism as defined in R.S. 14:283, child sexual abuse materials as defined in R.S. 14:81.1, or unlawful posting of criminal activity for notoriety and publicity as defined in R.S. 14:107.4 shall remain in the care, custody, and control of the investigating law enforcement agency, the court, or the district attorney.

B. Notwithstanding any other provision of law to the contrary, the court shall deny any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that is alleged to constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video voyeurism as defined in R.S. 14:283, child sexual abuse materials as defined in R.S. 14:81.1, or unlawful posting of criminal activity for notoriety and publicity as defined in R.S. 14:107.4, provided that the district attorney makes the property or material reasonably available to the defendant.

C. For purposes of this Article, the property or material shall be deemed reasonably available to the defendant if the district attorney provides ample opportunity for the inspection, viewing, and examination at the office of the district attorney of the property or material by the defendant, the defendant's attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.

D. Any material described in Paragraph A of this Article shall be contraband and shall not be disseminated or viewed by anyone other than as provided for in this Article or for the purposes of prosecution of the related criminal offenses. The court may issue any orders it deems appropriate to ensure that the privacy concerns of the victim are addressed.

Acts 2012, No. 404, §1; Acts 2012, No. 558, §1, eff. June 5, 2012; Acts 2016, No. 82, §1; Acts 2020, No. 353, §1; Acts 2025, No. 261, §5.
La. Ch. Code art. 1303.4 — LA Code / Code childrens-code / Article 1303.4
Duties of initiating tribunal
Status: in_force

A. Upon the filing of a petition authorized by this Chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents:

(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or

(2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

B. If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.

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. 956 — LA Code / Code civil-code / Article 956
Claims of successor who is a creditor of the estate
Status: in_force

A successor may assert a claim that he has as a creditor of the estate whether he accepts or renounces his succession rights.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 3421 — LA Code / Code code-of-civil-procedure / Article 3421
Small successions defined
Status: in_force

A small succession, within the meaning of this Title, is any of the following:

(1) The succession of a person who died domiciled in Louisiana and who died leaving property with a gross value of one hundred twenty-five thousand dollars or less valued as of the date of death.

(2) The ancillary succession of a person who died domiciled outside of Louisiana and who died leaving property in Louisiana with a gross value of one hundred twenty-five thousand dollars or less valued as of the date of death.

(3) The succession of a person whose date of death occurred at least twenty years prior to the execution of a small succession affidavit and who died leaving property in Louisiana of any value.

Amended by Acts 1976, No. 187, §1, eff. Jan. 1, 1977; Acts 1979, No. 71, §1, eff. Jan. 1, 1980; Acts 1980, No. 582, §1; Acts 2009, No. 81, §1, eff. June 18, 2009; Acts 2011, No. 323, §1, eff. June 29, 2011; Acts 2012, No. 618, §1, eff. June 7, 2012; Acts 2017, No. 96, §1; Acts 2020, No. 173, §1; Acts 2024, No. 90, §1.
La. Code Civ. Proc. art. 3542 — LA Code / Code code-of-civil-procedure / Article 3542
Actions in which attachment can issue
Status: in_force

A writ of attachment may be obtained in any action for a money judgment, whether against a resident or a nonresident, regardless of the nature, character, or origin of the claim, whether it is for a certain or uncertain amount, and whether it is liquidated or unliquidated.
La. Ch. Code art. 756 — LA Code / Code childrens-code / Article 756
Appearance to answer petition; time
Status: in_force

A. If no informal family services plan agreement has been made, the court shall require the child, the child's caretaker, or other family member served with the petition to appear to answer the petition at any time prior to the adjudication hearing but no later than forty-five days after the filing of the petition.

B. The court may also permit the parties to stipulate that the family is in need of services.

C. If the petition is filed prior to or during the hearing to determine continued custody, the court may order any party to answer the petition upon completion of the hearing or permit the entry of a stipulation that the family is in need of services.

Acts 1991, No. 235, §7.
La. Ch. Code art. 888 — LA Code / Code childrens-code / Article 888
Physical and mental examination for disposition; costs
Status: in_force

A. Following the adjudication, the court may order such physical and mental examination and evaluation of the child as may be helpful in determining a fair and just disposition.

B. In conjunction with such an examination or evaluation, the court may order the preparation of a social summary and case history about the child, including otherwise confidential information within the court's records, for submission to the evaluator.

C. The court may, after due notice to the parent, order the parent to pay all or part of the expense of any evaluation or examination. The court shall make a determination of the parent's ability to pay according to the procedures of Article 406.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 1991 — LA Code / Code civil-code / Article 1991
Manners of putting in default
Status: in_force

An obligee may put the obligor in default by a written request of performance, or by an oral request of performance made before two witnesses, or by filing suit for performance, or by a specific provision of the contract.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1226 — LA Code / Code childrens-code / Article 1226
Service; nonresident parent
Status: in_force

If a parent upon whom service is required under Article 1224 does not reside within this state, service shall be made by registered or certified mail to the address indicated in the petition, return receipt required, not less than thirty days prior to commencement of the hearing on the petition.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2021, No. 158, §1.
La. Ch. Code art. 1184 — LA Code / Code childrens-code / Article 1184
Admission to hearings
Status: in_force

All adoption proceedings shall be heard by the judge in chambers, and no one shall be admitted to the hearings except the parties in interest, their attorneys, and officers of the court. The court, in its discretion, may grant the request of a petitioner to permit others to be present at the hearing.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Ch. Code art. 1509 — LA Code / Code childrens-code / Article 1509
Penalties for contempt; in general
Status: in_force

A. A person may not be adjudged guilty of contempt of court except for misconduct defined as such, or made punishable as such, expressly by law.

B. When a contempt of court consists of the omission to perform an act which is yet in the power of an adult person charged with contempt to perform, he may be imprisoned until he performs it and in such a case this shall be specified in the court's order.

C. When an attorney is adjudged guilty of a direct contempt of court, the punishment shall be limited to a fine of not more than one hundred dollars or imprisonment for not more than twenty-four hours, or both; and, for any subsequent direct contempt of the same court by the same offender, a fine of not more than two hundred dollars or imprisonment for not more than ten days, or both.

D. Except as otherwise provided in this Article, a court may punish an adult person adjudged guilty of contempt of court in connection with a juvenile proceeding by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.

E. In addition to or in lieu of the above penalties, when a parent has violated a visitation order, the court may order any or all of the following:

(1) Require the custodial parent to allow additional visitation days to replace those denied the noncustodial parent.

(2) Require one or both parents to attend a parent education course.

(3) Require one or both parents to attend counseling or mediation.

(4) Require the parent violating the order to pay all court costs and reasonable attorney fees of the other party.

F. A pattern of willful and intentional violation of this Article, without good cause, may constitute a material change in circumstances warranting a modification of an existing custody or visitation order.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 1995, No. 1095, §8; Acts 1999, No. 1313, §1; Acts 2001, No. 425, §1, eff. June 15, 2001; Acts 2004, No. 520, §2.