FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3136 — LA Code / Code code-of-civil-procedure / Article 3136
Descriptive list of property in lieu of inventory
Status: in_force

A. Whenever an inventory of succession property otherwise would be required by law, the person at whose instance the inventory would be taken may file in the succession proceeding, in lieu of an inventory complying with Articles 3131 through 3135, a detailed descriptive list of all succession property. This list shall be sworn to and subscribed by the person filing it, shall show the location of all items of succession property, and shall set forth the fair market value of each item thereof at the date of the death of the deceased.

B. The privilege of filing a descriptive list of succession property, in lieu of an inventory thereof, may be exercised without judicial authority.

Amended by Acts 1972, No. 326, §2, eff. Jan. 1, 1973; Acts 2024, No. 371, §1.
La. Code Civ. Proc. art. 3947 — LA Code / Code code-of-civil-procedure / Article 3947
Name confirmation
Status: in_force

A. Marriage does not change the name of either spouse. However, a married person may use the surname of either or both spouses as a surname.

B. The court may enter an order confirming the name of a spouse in a divorce proceeding, whether the person is the plaintiff or defendant, which confirmation shall be limited to the name that the person was using at the time of the marriage, or the name of the person's minor children, or the person's surname on the birth certificate, without complying with the provisions of R.S. 13:4751 through 4755. This Article shall not be construed to allow an amendment to a birth certificate with the Bureau of Vital Statistics.

Acts 1987, No. 836, §1; Acts 2021, No. 259, §2.
La. Code Civ. Proc. art. 3297 — LA Code / Code code-of-civil-procedure / Article 3297
Publication
Status: in_force

Notice of the application shall be published in the manner prescribed for judicial advertisements, requiring all whom it may concern, including the heirs, to make opposition, if they have any, to the granting of the application, within seven days from the day whereon the last publication appears.

Amended by Acts 1981, No. 314, §1; Acts 1997, No. 1421, §7, eff. July 1, l999.
La. Code Civ. Proc. art. 3723 — LA Code / Code code-of-civil-procedure / Article 3723
Enforcement by executory proceeding
Status: in_force

When the mortgagee enforces a conventional mortgage by an executory proceeding, he must comply with Articles 2631 through 2724.
La. Civ. Code art. 1836 — LA Code / Code civil-code / Article 1836
Act under private signature duly acknowledged
Status: in_force

An act under private signature is regarded prima facie as the true and genuine act of a party executing it when his signature has been acknowledged, and the act shall be admitted in evidence without further proof.

An act under private signature may be acknowledged by a party to that act by recognizing the signature as his own before a court, or before a notary public, or other officer authorized to perform that function, in the presence of two witnesses. An act under private signature may be acknowledged also in any other manner authorized by law.

Nevertheless, an act under private signature, though acknowledged, cannot substitute for an authentic act when the law prescribes such an act.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 154 — LA Code / Code code-of-civil-procedure / Article 154
Procedure for recusal of district court judge
Status: in_force

A. A party desiring to recuse a judge of a district court shall file a written motion therefor assigning the ground for recusal under Article 151. This motion shall be filed no later than thirty days after discovery of the facts constituting the ground upon which the motion is based, but in all cases prior to the scheduling of the matter for trial. In the event that the facts constituting the ground upon which the motion to recuse is based occur after the matter is scheduled for trial or the party moving for recusal could not, in the exercise of due diligence, have discovered such facts, the motion to recuse shall be filed immediately after such facts occur or are discovered.

B. If the motion to recuse sets forth a ground for recusal under Article 151, not later than seven days after the judge's receipt of the motion from the clerk of court, the judge shall either recuse himself or make a written request to the supreme court for the appointment of an ad hoc judge as provided in Article 155.

C. If the motion to recuse is not timely filed in accordance with Paragraph A of this Article or fails to set forth a ground for recusal under Article 151, the judge may deny the motion without the appointment of an ad hoc judge or a hearing but shall provide written reasons for the denial.

Acts 2021, No. 143, §1; Acts 2022, No. 38, §1.
La. Code Civ. Proc. art. 3035 — LA Code / Code code-of-civil-procedure / Article 3035
Particular legatee may demand security for delivery of legacy; administration in default of security
Status: in_force

A particular legatee who has not received his legacy after being sent into possession by judgment may demand that the residuary legatee furnish security for the delivery of his legacy and may require an administration of the succession in default of such security, as provided by Articles 3007 and 3008.
La. Code Civ. Proc. art. 2635 — LA Code / Code code-of-civil-procedure / Article 2635
Authentic evidence submitted with petition
Status: in_force

A. In order for a plaintiff to prove his right to use executory process to enforce the mortgage, security agreement, or privilege, it is necessary only for the plaintiff to submit with his petition authentic evidence of:

(1) The note, bond, or other instrument evidencing the obligation secured by the mortgage, security agreement, or privilege.

(2) The authentic act of mortgage or privilege on immovable property importing a confession of judgment.

(3) The act of mortgage or privilege on movable property importing a confession of judgment whether by authentic act or by private signature duly acknowledged.

B. This requirement of authentic evidence is necessary only in those cases, and to the extent, provided by law. A variance between the recitals of the note and of the mortgage or security agreement regarding the obligation to pay attorney's fees shall not preclude the use of executory process.

Amended by Acts 1981, No. 210, §1; Acts 1982, No. 259, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Code Civ. Proc. art. 4032 — LA Code / Code code-of-civil-procedure / Article 4032
Minor not domiciled in the state
Status: in_force

If the minor is not domiciled in the state, a petition for the appointment of a tutor may be filed in any parish where:

(1) Immovable property of the minor is situated; or

(2) Movable property of the minor is situated, if he owns no immovable property in the state.
La. Code Evid. art. 511 — LA Code / Code code-of-evidence / Article 511
Communications to clergymen
Status: in_force

A. Definitions. As used in this Article:

(1) A "clergyman" is a minister, priest, rabbi, Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed so to be by the person consulting him.

(2) A communication is "confidential" if it is made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.

B. General rule of privilege. A person has a privilege to refuse to disclose and to prevent another person from disclosing a confidential communication by the person to a clergyman in his professional character as spiritual adviser.

C. Who may claim the privilege. The privilege may be claimed by the person or by his legal representative. The clergyman is presumed to have authority to claim the privilege on behalf of the person or deceased person.

Acts 1992, No. 376, §1, eff. Jan. 1, 1993; Acts 2003, No. 1187, §2.
La. Ch. Code art. 307 — LA Code / Code childrens-code / Article 307
Juvenile jurisdiction over adults in proceedings involving the care, custody, or control of a child
Status: in_force

A. A court exercising juvenile jurisdiction shall have exclusive original jurisdiction over adult parties in the following cases involving the care, custody or control of a child:

(1) Child in need of care proceedings pursuant to Title VI.

(2) Families in need of services proceedings pursuant to Title VII.

(3) Involuntary termination of parental rights proceedings pursuant to Title X.

(4) Voluntary termination of parental rights proceedings pursuant to Title XI.

(5) Adoption proceedings pursuant to Title XII.

(6) Special proceedings pursuant to Title XV.

B. In aid of its jurisdiction over children, a court exercising juvenile jurisdiction shall also have jurisdiction over any natural person who is a parent or caretaker of the child or other adult lawfully before it to secure his full cooperation and assistance in the entire rehabilitative program prescribed by the court for the child, including conditions or incidents of probation, supervision, protection, custody, or release on parole in:

(1) Delinquency proceedings pursuant to Title VIII.

(2) Traffic violation proceedings pursuant to Title IX.

(3) Mental health proceedings pursuant to Title XIV.

(4) Any special proceeding authorized by Title XV.

(5) Any proceeding necessary to implement the provisions of interstate compacts affecting children pursuant to Title XVI.

C. Nothing in this Article shall be construed to deprive other courts of jurisdiction over domestic abuse assistance proceedings brought pursuant to R.S. 46:2131 et seq. or over contempt proceedings.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Code Crim. Proc. art. 922 — LA Code / Code code-of-criminal-procedure / Article 922
Finality of judgment on appeal
Status: in_force

A. Within fourteen days of rendition of the judgment of the supreme court or any appellate court, in term time or out, a party may apply to the appropriate court for a rehearing. The court may act upon the application at any time.

B. A judgment rendered by the supreme court or other appellate court becomes final when the delay for applying for a rehearing has expired and no application therefor has been made.

C. If an application for a rehearing has been made timely, a judgment of the appellate court becomes final when the application is denied.

D. If an application for a writ of review is timely filed with the supreme court, the judgment of the appellate court from which the writ of review is sought becomes final when the supreme court denies the writ.

Acts 1983, No. 451, §1; Acts 1993, No. 976, §1.
La. Ch. Code art. 1283.17 — LA Code / Code childrens-code / Article 1283.17
Refusal of interlocutory or final decree
Status: in_force

Upon refusal to grant an interlocutory or final decree to the petitioners for the reason that the intercountry adoption is not in the best interest of the child, the court may remove the child from the petitioner and reinstate the legal custodian or appoint a custodian.

Acts 1999, No. 1268, §1.
La. Ch. Code art. 755 — LA Code / Code childrens-code / Article 755
Service; nonresident caretaker
Status: in_force

A. If a caretaker does not reside within this state, service shall be made by certified mail to the address indicated in the petition, return receipt requested, not less than fifteen days prior to commencement of the adjudication hearing on the matter.

B. The person effecting the service shall file the return receipt as proof of service.

Acts 1991, No. 235, §7.
La. Code Civ. Proc. art. 1436.1 — LA Code / Code code-of-civil-procedure / Article 1436.1
Depositions by telephone
Status: in_force

If agreed upon by every party to an action or if ordered by the court, a deposition may be taken by telephone or other remote electronic means.

Acts 1986, No. 205, §1; Acts 2003, No. 545, §1; Acts 2024, No. 371,

§1.
La. Code Crim. Proc. art. 384 — LA Code / Code code-of-criminal-procedure / Article 384
Information
Status: in_force

An information is a written accusation of crime made by the district attorney or the city prosecutor and signed by him. It must be filed in open court in a court having jurisdiction to try the offense, or in the office of the clerk thereof.

Acts 1989, No. 8, §1.
La. Code Civ. Proc. art. 3608 — LA Code / Code code-of-civil-procedure / Article 3608
Damages for wrongful issuance of temporary restraining order or preliminary injunction
Status: in_force

The court may allow damages for the wrongful issuance of a temporary restraining order or preliminary injunction on a motion to dissolve or on a reconventional demand. Attorney's fees for the services rendered in connection with the dissolution of a restraining order or preliminary injunction may be included as an element of damages whether the restraining order or preliminary injunction is dissolved on motion or after trial on the merits.
La. Ch. Code art. 837.1 — LA Code / Code childrens-code / Article 837.1
Standards for restoration service providers
Status: in_force

A. A restoration service provider shall meet the following qualifications:

(1) Shall not have served on the competency commission.

(2) Shall be a psychiatrist, psychologist, medical psychologist, certified special education teacher, social worker, or counselor, if the court determines the child lacks the mental capacity to proceed solely because of ignorance of court procedure or legal rights.

(3) Shall be a psychiatrist, licensed psychologist, medical psychologist, licensed clinical social worker, qualified intellectual disability professional, or licensed professional counselor all of whom have been engaged in the practice of clinical psychology or counseling for not less than three consecutive years immediately preceding the appointment and who have expertise in child development specific to severe chronic disability of children attributable to intellectual impairment, if the court determines the child lacks the mental capacity to proceed because of mental illness or developmental disorder.

(4) May be a combination of persons meeting the qualifications in Subparagraphs (2) and (3) of this Paragraph, if the court determines the child lacks the mental capacity to proceed both because of ignorance of court procedure or legal rights and because of mental illness or developmental disorder.

B. All restoration service providers shall:

(1) Possess at least two years experience working with children or adolescents.

(2) Be knowledgeable of the state's competency standards and statutes and with the treatment, training, and restoration courses approved by the Louisiana Department of Health.

(3) Have undergone child capacity to proceed restoration training, reviewed the training materials provided, and have certified in writing that the materials have been reviewed.

(4) Be certified by the Louisiana Department of Health as having completed a restoration service provider training course.

C. The Louisiana Department of Health shall promulgate rules and regulations for certifying restoration providers and develop a training module within one year from August 15, 2006. The department shall set reasonable fees for the training and certification of restoration service providers.

D. To remain certified, a restoration provider shall complete additional training every two years.

Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008; Acts 2009, No. 251, §13; Acts 2014, No. 811, §33, eff. June 23, 2014.
La. Code Civ. Proc. art. 1791 — LA Code / Code code-of-civil-procedure / Article 1791
Comment on facts by judge prohibited
Status: in_force

The judge in the presence of the jury shall not comment upon the facts of the case, either by commenting upon or recapitulating the evidence, repeating the testimony of any witness, or giving an opinion as to what has been proved, not proved, or refuted.

Acts 1983, No. 534, §7.
La. Civ. Code art. 1333 — LA Code / Code civil-code / Article 1333
Election to collate by taking less; failure to elect.
Status: in_force

But if the donee declare that he will not return the immovable property which has been given him, but will take his share in the effects of the succession, after deducting the value of such immovable property, or if he permits the term, granted to him to make his decision, to expire, without deciding on the manner in which he will make his collation, he shall lose the right of returning this property in kind.
La. Code Civ. Proc. art. 3396.13 — LA Code / Code code-of-civil-procedure / Article 3396.13
Testamentary prohibition of independent administration
Status: in_force

A testator may expressly provide that no independent administration of his estate may be allowed. In such case, his estate, if administered, shall be administered in accordance with the other provisions of Book VI.

Acts 2001, No. 974, §1.
La. Code Civ. Proc. art. 2414 — LA Code / Code code-of-civil-procedure / Article 2414
Notice of answer; traversing
Status: in_force

A. The clerk shall cause written notice of the filing of the garnishee's answer to be served promptly upon the seizing creditor in the manner provided by Article 1314.

B. Unless the creditor files a contradictory motion traversing the answer of the garnishee within thirty days after service upon him of the notice of the filing of the garnishee's answer, any property of the judgment debtor in the possession of the garnishee and any indebtedness to the judgment debtor which the garnishee has not admitted holding or owing shall be released from seizure. A new seizure may be made of such property or indebtedness by filing a supplemental petition and serving additional interrogatories.

Acts 2022, No. 265, §1.
La. Ch. Code art. 859 — LA Code / Code childrens-code / Article 859
Conduct of transfer hearing
Status: in_force

A. The transfer hearing shall be conducted in accordance with the provisions of Chapter 13 of this Title governing the conduct of an adjudication hearing, except as otherwise provided herein.

B. Only such evidence which pertains to the transfer criteria set out in Article 862 may be introduced.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 811.2 — LA Code / Code childrens-code / Article 811.2
Victims of juvenile crime compensation fund; established; disbursements
Status: in_force

A. All courts exercising juvenile jurisdiction may levy a special cost in an amount not to exceed fifteen dollars against any juvenile defendant, other than an indigent, who is found to have committed a traffic violation resulting in injury or property loss, or who pleads guilty to or is adjudicated convicted of a juvenile offense. Such cost shall be in addition to any fine, clerk's fees or costs, or any other fees or costs provided by law.

B. The clerk of court shall remit two-thirds of the sums collected or received pursuant to this Article for deposit in a special account which is hereby designated as the Victims of Juvenile Crime Compensation Fund. The fund shall be used to compensate victims of juvenile crimes who do not otherwise receive restitution or reparation. The judges of the courts exercising juvenile jurisdiction shall have control over the fund and disbursements made therefrom. The judges shall cause to be conducted annually an audit of the fund and the books and accounts relating thereto and shall file the same with the office of the legislative auditor, where it shall be available for public inspection.

C. The judges shall provide by court rule for the collection, administration, and distribution of the fund in order to implement the purpose of this Article. However, no amount greater than five hundred dollars shall be disbursed from the fund to any one claimant.

D. The clerk of court shall remit one-third of the total sums collected or received pursuant to this Article monthly to the Crime Victims Reparations Fund as provided in R.S. 46:1801 et seq.

Acts 1993, No. 634, §1, eff. June 15, 1993.
La. Civ. Code art. 115 — LA Code / Code civil-code / Article 115
Extinguishment of support obligation
Status: in_force

The obligation of interim spousal support or final periodic support is extinguished upon the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons.

Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2018, No. 265, §1.
La. Civ. Code art. 2037 — LA Code / Code civil-code / Article 2037
Insolvency
Status: in_force

An obligor is insolvent when the total of his liabilities exceeds the total of his fairly appraised assets.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2003, No. 552, §1; Acts 2004, No. 447, §1.
La. Ch. Code art. 513 — LA Code / Code childrens-code / Article 513
Confidentiality policy
Status: in_force

A multidisciplinary team may obtain all information necessary to perform its official duties from any public agency, department or other organization, including material otherwise made confidential or privileged. Any confidential or privileged material or verbal information obtained by a team member during an investigation shall be disclosed only as necessary to other team members, and shall not be disclosed to any agency or individual not represented on the multidisciplinary team unless otherwise required by law.

Acts 2003, No. 749, §1.
La. Civ. Code art. 1410 — LA Code / Code civil-code / Article 1410
Rescission for fraud or violence inadmissible after alienation.
Status: in_force

The coheir who has alienated his share or part of it, is no longer admitted to bring the action of rescission for fraud or violence, if the alienation he has made was posterior to the discovery of the fraud, or to the cessation of the violence.
La. Code Crim. Proc. art. 280 — LA Code / Code code-of-criminal-procedure / Article 280
Immunity of extradited person from service of process in civil actions
Status: in_force

A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions until he has been convicted or has pleaded guilty in the criminal proceeding, or, if acquitted or otherwise discharged, until three days after the acquittal or discharge.