FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3371 — LA Code / Code code-of-civil-procedure / Article 3371
After homologation of final tableau of distribution
Status: in_force

A. At any time after the homologation of the final tableau of distribution, a legatee or an heir may file a petition to be sent into possession, alleging the facts showing that he is a legatee or an heir. Upon the filing of such a petition, the court shall order the executor to show cause why the petitioner should not be sent into possession.

B. Evidence of the allegations in the petition for possession showing that the petitioner is a legatee or an heir shall be submitted to the court as provided by Articles 2821 through 2823.

Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Code Civ. Proc. art. 1767 — LA Code / Code code-of-civil-procedure / Article 1767
Challenging or excusing jurors after acceptance
Status: in_force

Although the entire jury may have been accepted and sworn, up to the beginning of the taking of evidence, a juror may be challenged for cause by either side or be excused by the court for cause or by consent of both sides, and the panel completed in the ordinary course.

Acts 1983, No. 534, §5.
La. Civ. Code art. 2721 — LA Code / Code civil-code / Article 2721
Reconduction
Status: in_force

A lease with a fixed term is reconducted if, after the expiration of the term, and without notice to vacate or terminate or other opposition by the lessor or the lessee, the lessee remains in possession:

(1) For thirty days in the case of an agricultural lease;

(2) For one week in the case of other leases with a fixed term that is longer than a week; or

(3) For one day in the case of a lease with a fixed term that is equal to or shorter than a week.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Crim. Proc. art. 517 — LA Code / Code code-of-criminal-procedure / Article 517
Joint representation of co-defendants; duty of court
Status: in_force

A. Whenever two or more defendants have been jointly charged in a single indictment or have moved to consolidate their indictments for a joint trial, and are represented by the same retained or appointed counsel or by retained or appointed counsel who are associated in the practice of law, the court shall inquire with respect to such joint representation and shall advise each defendant on the record of his right to separate representation.

B. Unless it appears that there is good cause to believe that no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect each defendant's right to counsel.

Acts 1997, No. 889, §1.
La. Code Crim. Proc. art. 474 — LA Code / Code code-of-criminal-procedure / Article 474
Property described as money
Status: in_force

When it is necessary to make an averment in an indictment as to money, treasury notes or certificates, banknotes or other securities intended to circulate as money, it is sufficient to describe them or any of them as money, without specifying the particular character, denomination, kind, species, or nature thereof.
La. Civ. Code art. 2691 — LA Code / Code civil-code / Article 2691
Lessor's obligation for repairs
Status: in_force

During the lease, the lessor is bound to make all repairs that become necessary to maintain the thing in a condition suitable for the purpose for which it was leased, except those for which the lessee is responsible.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 3282 — LA Code / Code code-of-civil-procedure / Article 3282
Publication
Status: in_force

Notice of the application for authority to sell succession property at private sale shall be published at least once for movable property, and at least twice for immovable property, in the manner provided by law. A court order shall not be required for the publication of the notice.

The notice shall be published in the parish in which the succession proceeding is pending. When immovable property situated in another parish is to be sold, the notice shall also be published in the parish in which the property is situated. When movable property situated in another parish is to be sold, the notice may be published also in the parish in which the property is situated, without necessity of a court order for the publication; however, the court may order the notice to be published in the parish where the movable property is situated.

The notice shall state that any opposition to the proposed sale must be filed within seven days from the date of the last publication.

Amended by Acts 1972, No. 626, §1; Acts 1976, No. 364, §1.
La. Civ. Code art. 3367 — LA Code / Code civil-code / Article 3367
Cancellation of recordation after effect of recordation has ceased
Status: in_force

If the effect of recordation of a mortgage, pledge, or privilege has ceased for lack of reinscription or has prescribed by lapse of time under R.S. 9:5685, the recorder upon receipt of a written signed application shall cancel its recordation.

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; Acts 2016, No. 76, §1.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Ch. Code art. 1417 — LA Code / Code childrens-code / Article 1417
Court records
Status: in_force

A. Each court shall keep a record of the cases relating to minors with mental illness coming before it under this Title and the disposition of them. It shall also keep on file the original petition and certificates of physicians required by this Chapter, or a microfilm duplicate of such records.

B. All records maintained in the courts under the provisions of this Article shall be sealed and available only to the respondent or his attorney unless the court, after a hearing held with notice to the respondent, determines such records should be disclosed to a petitioner for cause shown.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
La. Civ. Code art. 354 — LA Code / Code civil-code / Article 354
Placing under continuing tutorship
Status: in_force

Certain children with disabilities may be placed under full or limited continuing tutorship in accordance with the following rules and the provisions of the Code of Civil Procedure.

Added by Acts 1966, No. 496, §2; Acts 2014, No. 811, §30, eff. June 23, 2014; Acts 2024, No. 123, §1.
La. Code Crim. Proc. art. 482 — LA Code / Code code-of-criminal-procedure / Article 482
Alternative offenses; special joinder rules
Status: in_force

A. An indictment for theft may also contain a count for receiving stolen things, and the defendant may be convicted of either offense. When two or more persons are jointly indicted for these offenses, any or all of the persons indicted may be found guilty of either of the offenses charged. The district attorney shall not be required to elect between the two offenses charged.

B. An indictment for manslaughter may also contain a count for abortion and the jury may convict of either offense. The district attorney shall not be required to elect between the two offenses charged.

Acts 1988, No. 515, §3, eff. Jan. 1, 1989.

{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
La. Code Crim. Proc. art. 895.3 — LA Code / Code code-of-criminal-procedure / Article 895.3
Probationer transferred between states; fees
Status: in_force

The collection of the supervision fee imposed pursuant to Articles 895 and 895.1 shall be suspended upon the transfer of an offender to another state for probation supervision in that state, pursuant to the provisions of the interstate compact for out of state parolee supervision as provided in R.S. 15:574.14.

Acts 1991, No. 119, §2.
La. Ch. Code art. 661.1 — LA Code / Code childrens-code / Article 661.1
Federal Indian Child Welfare Act inquiry
Status: in_force

A. At the commencement of the adjudication hearing, the court shall inquire as to whether the petitioner or any person before the court knows or has reason to know that the child is an Indian child. If no person before the court responds affirmatively, the court may proceed, although it shall instruct each person before the court to inform the court if he subsequently discovers information indicating that the child is an Indian child.

B. In accordance with Article 624.1, if the court finds that there is reason to know that the child is an Indian child, the court shall immediately proceed pursuant to the federal Indian Child Welfare Act and the regulations promulgated thereunder.

C. If a tribe fails to respond to multiple requests for verification that the child is an Indian child and the court or department has sought the assistance of the Bureau of Indian Affairs in contacting the tribe, the court may make the determination that the child is not an Indian child based on the information it has available and proceed to adjudication in accordance with this Title.

Acts 2018, No. 296, §1.
La. Civ. Code art. 3290 — LA Code / Code civil-code / Article 3290
Power to mortgage
Status: in_force

A conventional mortgage may be established only by a person having the power to alienate the property mortgaged.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 753 — LA Code / Code childrens-code / Article 753
Summons; resident caretaker
Status: in_force

A. When any petition involves a child whose caretaker is a resident of this state, the court shall issue a summons commanding that the child, his caretaker, and such other persons as the court deems proper appear before the court at a designated time and place.

B. If the petition identifies a public agency having the responsibility or ability to provide services needed by any family member, a summons shall also be served upon the director of the agency or any employee designated by the director to the court to receive notice of family in need of services petitions.

Acts 1991, No. 235, §7.
La. Civ. Code art. 670 — LA Code / Code civil-code / Article 670
Encroaching building.
Status: in_force

When a landowner constructs in good faith a building that encroaches on an adjacent estate and the owner of that estate does not complain within a reasonable time after he knew or should have known of the encroachment, or in any event complains only after the construction is substantially completed the court may allow the building to remain. The owner of the building acquires a predial servitude on the land occupied by the building upon payment of compensation for the value of the servitude taken and for any other damage that the neighbor has suffered.

Acts 1977, No. 514, §1.
La. Civ. Code art. 3231 — LA Code / Code civil-code / Article 3231
Restitution of things easily recognized.
Status: in_force

But if the things sold are of such a nature as to be easily recognized, as household furniture, even although the papers or cloths, which covered them at the time of delivery, be removed, the claim for restitution shall be allowed.
La. Civ. Code art. 1815 — LA Code / Code civil-code / Article 1815
Divisible and indivisible obligation
Status: in_force

An obligation is divisible when the object of the performance is susceptible of division.

An obligation is indivisible when the object of the performance, because of its nature or because of the intent of the parties, is not susceptible of division.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1555 — LA Code / Code childrens-code / Article 1555
Certification of child's terminal status
Status: in_force

Before the discontinuation of any medical care or treatment, the child must be diagnosed and certified in writing as qualifying within one or more of the exceptions authorized by Article 1554 by two physicians who have personally examined the child, one of whom shall be the child's attending physician.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Civ. Code art. 2358.1 — LA Code / Code civil-code / Article 2358.1
Source of reimbursement
Status: in_force

Reimbursement shall be made from the patrimony of the spouse who owes reimbursement.

Acts 1990, No. 991, §1.
La. Code Civ. Proc. art. 5057 — LA Code / Code code-of-civil-procedure / Article 5057
Headings, source notes, cross references
Status: in_force

The headings of the articles of this Code, and the source notes and cross references thereunder, are used for purposes of convenient arrangement and reference, and do not constitute parts of the procedural law.
La. Code Civ. Proc. art. 1426.1 — LA Code / Code code-of-civil-procedure / Article 1426.1
Stay of discovery in civil matters by a district attorney in a related criminal matter
Status: in_force

A. Upon motion of the district attorney in a criminal proceeding, a court having jurisdiction over any related pending civil action or proceeding may, in the interests of justice and for good cause shown after a contradictory hearing with all parties in the civil action, stay all or a portion of discovery sought in such civil action or proceeding. The contradictory hearing shall be held by the court in the civil action within thirty days of the filing of the motion. Good cause shall include but not be limited to a finding by the court that such discovery will adversely affect the ability of the district attorney to conduct a related criminal investigation or the prosecution of a related felony criminal case.

B. No provision of this Article shall prohibit a party to the stayed discovery proceeding from moving to have the stay subsequently lifted for good cause.

C. Within thirty days after disposition in the trial court of the related criminal prosecution, in any matter where a stay has issued, the district attorney shall file an ex parte motion consenting to the termination of the stay.

D. The time during which the civil proceeding is stayed pursuant to this Article shall not be used to compute the three-year abandonment period of the civil matter.

E. Repealed by Acts 2017, No. 91, §1.

Acts 2012, No. 664, §1; Acts 2017, No. 91, §1.
La. Civ. Code art. 2827 — LA Code / Code civil-code / Article 2827
Continuation of a partnership.
Status: in_force

A partnership may be expressly or tacitly continued when its term expires or its object is attained, or when a resolutory condition of the contract of partnership is fulfilled. If the object becomes impossible, the partnership may be continued for a different object.

Unless otherwise agreed, a partnership that is expressly or tacitly continued has no term.

Acts 1980, No. 150, §1.
La. Civ. Code art. 2369.3 — LA Code / Code civil-code / Article 2369.3
Duty to preserve; standard of care
Status: in_force

A spouse has a duty to preserve and to manage prudently former community property under his control in a manner consistent with the mode of use of that property immediately prior to termination of the community regime. He is answerable for any damage caused by his fault, default, or neglect.

Acts 1995, No. 433, §1; Acts 2017, No. 197, §1.
La. Civ. Code art. 2450 — LA Code / Code civil-code / Article 2450
Sale of future things
Status: in_force

A future thing may be the object of a contract of sale. In such a case the coming into existence of the thing is a condition that suspends the effects of the sale. A party who, through his fault, prevents the coming into existence of the thing is liable for damages.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 855.1 — LA Code / Code code-of-civil-procedure / Article 855.1
Pleadings for unconstitutionality of state law
Status: in_force

All civil actions alleging that a law is unconstitutional shall be in writing and be brought in an ordinary proceeding. The pleading shall be served upon the attorney general of the state in accordance with Article 1314. Upon proper service, the attorney general shall have thirty days to respond to the allegations or represent or supervise the interests of the state.

Acts 2024, 2 nd Ex. Sess., No. 12, §1.
La. Code Civ. Proc. art. 3507 — LA Code / Code code-of-civil-procedure / Article 3507
Release of property by defendant; security
Status: in_force

A defendant may obtain the release of the property seized under a writ of attachment or of sequestration by furnishing security for the satisfaction of any judgment which may be rendered against him.
La. Civ. Code art. 2594 — LA Code / Code civil-code / Article 2594
Lesion, action against vendee who has resold the immovable
Status: in_force

When the buyer has sold the immovable, the seller may not bring an action for lesion against a third person who bought the immovable from the original buyer.

In such a case the seller may recover from the original buyer whatever profit the latter realized from the sale to the third person. That recovery may not exceed the supplement the seller would have recovered if the original buyer had chosen to keep the immovable.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 3545 — LA Code / Code code-of-civil-procedure / Article 3545
Nonresident attachment; venue
Status: in_force

An action in which a writ of attachment is sought on the sole ground that the defendant is a nonresident may be brought in any parish where the property to be attached is situated.
La. Civ. Code art. 1148 — LA Code / Code civil-code / Article 1148
Interest on succession funds; liability for private use.
Status: in_force

A curator of a vacant succession or of absent heirs, owes no interest on the sums of money in his hands belonging to the succession which he administers, but he is forbidden from using them on his private account, under the pain of dismissal and responsibility for all damages caused thereby.
La. Code Civ. Proc. art. 1561 — LA Code / Code code-of-civil-procedure / Article 1561
Consolidation for trial or other limited purposes
Status: in_force

A. When two or more separate actions are pending in the same court, the section or division of the court in which the first filed action is pending may order consolidation of the actions for trial or other limited purposes after a contradictory hearing, upon a finding that common issues of fact and law predominate, and, in the event a trial date has been set in a subsequently filed action, upon a finding that consolidation is in the interest of justice. The contradictory hearing may be waived upon the certification by the mover that all parties in all cases to be consolidated consent to the consolidation.

B. Consolidation shall not be ordered if it would do any of the following:

(1) Cause jury confusion.

(2) Prevent a fair and impartial trial.

(3) Give one party an undue advantage.

(4) Prejudice the rights of any party.

Acts 1997, No. 968, §1; Acts 2008, No. 824, §4, eff. Jan. 1, 2009; Acts 2012, No. 194, §1; Acts 2021, No. 259, §2.
La. Ch. Code art. 1004.2 — LA Code / Code childrens-code / Article 1004.2
Termination of rights; children in state custody
Status: in_force

The department shall file and pursue to judgment in the trial court a petition to terminate the parental rights of the parent or parents if the child has been in state custody for seventeen of the last twenty-two months, unless the department has documented in the case plan a compelling reason why filing is not in the best interest of the child.

Acts 1999, No. 544, §1; Redesignated from Ch.C. Art. 1004.1 by Acts 2023, No. 271, §1, eff. June 9, 2023.
La. Code Crim. Proc. art. 919 — LA Code / Code code-of-criminal-procedure / Article 919
Record on appeal; preparation and delivery of transcripts
Status: in_force

A. Each court reporter assigned to prepare any transcript necessary to complete the appeal record shall deliver the transcript to the clerk of the trial court who has the duty of preparing the record for appeal five days before the return date.

B. Whenever the court reporter cannot deliver the transcript to the clerk of the trial court five days before the return date, the reporter shall file a request for an extension of the return date with the trial court or the appellate court as provided by Article 915.1. Whenever a court reporter has not delivered a transcript five days before the return date, the clerk of the trial court shall file a certificate with the court of appeal, not later than seven days after the return date, advising that the record is ready for lodging except for the lack of delivery of the transcript. In such certificate, the clerk shall include the name and address of each reporter who has failed to deliver a transcript and whether any of the court reporters have requested an extension of the return date.

C. Upon the request of the appellate court when the transcript has not been delivered to the clerk of court, but the record is otherwise ready for lodging, the record shall be lodged. The clerk of the trial court shall include with the record a certificate stating the name and address of each court reporter who is required to prepare and deliver a transcript. Thereafter, the appellate court may issue appropriate orders to any named reporter to expedite the preparation and delivery of any necessary transcripts.

Amended by Acts 1980, No. 537, §1. Acts 1984, No. 524, §1; Acts 1987, No. 726, §1; Acts 1988, No. 525, §1; Acts 1999, No. 706, §1.
La. Code Civ. Proc. art. 853 — LA Code / Code code-of-civil-procedure / Article 853
Caption of pleadings; adoption by reference; exhibits
Status: in_force

Every pleading shall contain a caption setting forth the name of the court, the title and number of the action, and a designation of the pleading. The title of the action shall state the name of the first party on each side with an appropriate indication of other parties.

A statement in a pleading may be adopted by reference in a different part of the same pleading or in another pleading in the same court. A copy of any written instrument that is an exhibit to a pleading is a part thereof.

Acts 2018, No. 195, §1.
La. Code Civ. Proc. art. 3097 — LA Code / Code code-of-civil-procedure / Article 3097
Disqualifications
Status: in_force

A. No person may be confirmed as testamentary executor, or appointed dative testamentary executor, provisional administrator, or administrator who is:

(1) Under eighteen years of age;

(2) Interdicted, or who, on contradictory hearing, is proved to be mentally incompetent;

(3) A convicted felon, under the laws of the United States or of any state or territory thereof;

(4) A nonresident of the state who has not appointed a resident agent for the service of process in all actions and proceedings with respect to the succession, and caused such appointment to be filed in the succession proceeding;

(5) A corporation not authorized to perform the duties of the office in this state; or

(6) A person who, on contradictory hearing, is proved to be unfit for appointment because of bad moral character.

B. No person may be appointed dative testamentary executor, provisional administrator, or administrator who is not the surviving spouse, heir, legatee, legal representative of an heir or legatee, or a creditor of the deceased or a creditor of the estate of the deceased, or the nominee of the surviving spouse, heir, legatee, or legal representative of an heir or legatee of the deceased, or a co-owner of immovable property with the deceased.

Amended by Acts 1964, No. 4, §1; Acts 1972, No. 347, §1; Acts 1985, No. 528, §1, eff. July 12, 1985.
La. Civ. Code art. 3455 — LA Code / Code civil-code / Article 3455
Computation of time by months
Status: in_force

If the prescriptive period consists of one or more months, prescription accrues upon the expiration of the day of the last month of the period that corresponds with the date of the commencement of prescription, and if there is no corresponding day, prescription accrues upon the expiration of the last day of the period.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Civ. Proc. art. 2633 — LA Code / Code code-of-civil-procedure / Article 2633
Venue
Status: in_force

An executory proceeding to enforce a mortgage or privilege may be brought either in the parish where the property is situated, or as provided in the applicable provision of Article 42 only.

Acts 1989, No. 117, §1.