FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 834 — LA Code / Code childrens-code / Article 834
Appointment of competency commission; qualifications
Status: in_force

A.(1) Within seven days after a mental competency examination is ordered, the court shall appoint a competency commission to examine and report on the mental condition of the child. The competency commission shall consist of at least one and not more than three persons who are physicians or psychologists. If only one member is appointed, the court upon request of the district attorney or counsel for the child, shall appoint another member. Not more than one commission member shall be the coroner or his deputy.

(2) Every person appointed to the commission shall be licensed in his field in Louisiana, have been in the actual practice of medicine or clinical or counseling psychology for not less than three consecutive years immediately preceding the appointment, have expertise in child development specific to severe chronic disability of children attributable to intellectual impairment, and be qualified by training or experience in the forensic evaluation of children.

(3) The order appointing the competency commission shall set the time and date of the contradictory hearing to determine the mental capacity of the child to proceed as provided in Article 836.

B. If no psychologist is appointed to the commission and one of the appointed physicians determines that psychological testing is needed, upon request of the commission the court shall appoint a psychologist to the commission.

C. The members of the commission appointed to make the examination shall have free access to the child at all reasonable times. The court shall issue a subpoena for the attendance of witnesses at the examination upon the request of the child, the commission, or any member thereof.

D. For the purpose of the mental competency examination, the court may order a child previously released on bail to appear for any mental examinations and hearings authorized by this Chapter.

E. The clerk of court shall give written notice of the time and date of the contradictory hearing and all continuances to the Louisiana Department of Health, bureau of legal services.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005; Acts 2006, No. 266, §1; Acts 2008, No. 222, §1, eff. June 16, 2008.
La. Ch. Code art. 1307.13 — LA Code / Code childrens-code / Article 1307.13
Record in original language; English translation
Status: in_force

A record filed with a tribunal of this state under this Section must be in the original language and, if not in English, must be accompanied by an English translation.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 788 — LA Code / Code civil-code / Article 788
Imprescriptibility of the right.
Status: in_force

The right to compel the fixing of the boundary between contiguous lands is imprescriptible.

Acts 1977, No. 169, §1.
La. Code Civ. Proc. art. 1469.2 — LA Code / Code code-of-civil-procedure / Article 1469.2
Order compelling discovery of financial records; notice
Status: in_force

An order or subpoena duces tecum compelling the production of records of a bank, a savings and loan association, a company issuing credit cards, or a business offering credit relating to the financial or credit information of its customers, whether pursuant to Articles 1421 through 1474, Articles 2451, et seq., or otherwise, shall not be enforceable, unless the person seeking production of such records has complied with the provisions of R.S. 9:3571 or R.S. 6:333, as applicable, requiring that a copy of the subpoena or order also be served on the person whose records are being sought.

Acts 1989, No. 157, §2; Acts 1989, No. 779, §3, eff. July 9, 1989; Acts 1990, No. 1000, §1.
La. Ch. Code art. 696 — LA Code / Code childrens-code / Article 696
Rights of parties
Status: in_force

A. All parties have the right to testify, the right to confront and cross-examine adverse witnesses, the right to present evidence and witnesses, and the right to counsel.

B. A child twelve years of age or older shall be present in court unless his presence is waived by the court upon motion of the child's counsel. A child below the age of twelve years shall be present in court upon the request of counsel for the child or the court. If the child is present in court, he may choose to testify as to his wishes, and the court shall consider his testimony in the matter. Any testimony given by a child may be taken by a videotaped interview or by closed-circuit television, as authorized by Chapter 8 of Title III of this Code, or by an in-chambers conference attended only by the judge and court reporter and by counsel for the child, for the petitioner, and for the parents.

C. Any party who has received notice of the case review hearing and does not appear shall be deemed to have waived his right to be present.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2012, No. 730, §1.
La. Civ. Code art. 3277 — LA Code / Code civil-code / Article 3277
Methods of extinction.
Status: in_force

Privileges become extinct:

1. By the extinction of the thing subject to the privilege.

2. By the creditor acquiring the thing subject to it.

3. By the extinction of debt which gave birth to it.

4. By prescription.
La. Civ. Code art. 1363 — LA Code / Code civil-code / Article 1363
Disagreement among heirs entitled to receive collation in property.
Status: in_force

If there be two or more heirs, who have a right to receive the collation due to them in the property and effects of the succession, and they can not agree on the partition of the effects which they have thus chosen, the officer shall appoint experts to form allotments of these effects, for which the parties entitled to the collation shall draw lots, in the same manner as is hereafter prescribed for the formation and drawing of the lots of the definitive partition.
La. Civ. Code art. 1987 — LA Code / Code civil-code / Article 1987
Right to restrain obligor
Status: in_force

The obligor may be restrained from doing anything in violation of an obligation not to do.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1473 — LA Code / Code civil-code / Article 1473
Capacity to receive conditional donation, time for existence
Status: in_force

When a donation depends on fulfillment of a suspensive condition, the donee must have capacity to receive at the time the condition is fulfilled.

Acts 1991, No. 363, §1.
La. Code Civ. Proc. art. 1353 — LA Code / Code code-of-civil-procedure / Article 1353
Prepayment of fees
Status: in_force

No subpoena shall issue until the party who wishes to subpoena the witness first deposits with the clerk of court a sum of money sufficient to pay all fees and expenses to which the witness is entitled by law.
La. Civ. Code art. 1416 — LA Code / Code civil-code / Article 1416
Liability of universal successors to creditors
Status: in_force

A. Universal successors are liable to creditors for the payment of the estate debts in proportion to the part which each has in the succession, but each is liable only to the extent of the value of the property received by him, valued as of the time of receipt.

B. A creditor has no action for payment of an estate debt against a universal successor who has not received property of the estate.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
La. Code Civ. Proc. art. 1041 — LA Code / Code code-of-civil-procedure / Article 1041
When prescribed incidental or third party demand is not barred
Status: in_force

An incidental demand is not barred by prescription or peremption if it was not barred at the time the main demand was filed and is filed within ninety days of date of service of main demand or in the case of a third party defendant within ninety days from service of process of the third party demand.

Added by Acts 1970, No. 472, §1. Amended by Acts 1974, No. 86, §1; Redesignated from C.C.P. Art. 1067 by Acts 2017, No. 419, §5.
La. Code Crim. Proc. art. 913 — LA Code / Code code-of-criminal-procedure / Article 913
Effect of appeal
Status: in_force

A. An appeal by the state suspends the ruling or judgment from which the appeal is taken, except when the ruling or judgment requires the release of the defendant.

B. An appeal by the defendant shall not suspend the execution of sentence, unless the defendant is admitted to postconviction bail.

Amended by Acts 1982, No. 736, §1.
La. Civ. Code art. 2729 — LA Code / Code civil-code / Article 2729
Notice of termination; form
Status: in_force

If the leased thing is an immovable or is a movable used as residence, the notice of termination shall be in writing. It may be oral in all other cases.

In all cases, surrender of possession to the lessor at the time at which notice of termination shall be given under Article 2728 shall constitute notice of termina­tion by the lessee.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 3491 — LA Code / Code civil-code / Article 3491
Prescription of ten years
Status: in_force

One who has possessed a movable as owner for ten years acquires ownership by prescription. Neither title nor good faith is required for this prescription.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 137 — LA Code / Code civil-code / Article 137
Denial of visitation; sex offense; death of a parent
Status: in_force

A. In a proceeding in which visitation of a child is being sought by a parent, if the child was conceived through the commission of a sex offense as provided by R.S. 15:541, the parent who committed the sex offense shall be denied visitation rights and contact with the child.

B. In a proceeding in which visitation of a child is being sought by a relative by blood or affinity, if the court determines, by a preponderance of the evidence, that the intentional criminal conduct of the relative resulted in the death of the parent of the child, the relative shall be denied visitation rights and contact with the child.

Acts 2001, No. 499, §1; Acts 2010, No. 873, §1, eff. July 2, 2010; Acts 2012, No. 763, §1, eff. June 12, 2012; Acts 2023, No. 271, §2, eff. June 9, 2023.
La. Code Civ. Proc. art. 2725 — LA Code / Code code-of-civil-procedure / Article 2725
Seizure and sale of a motor vehicle out-of-state; procedure
Status: in_force

A. When a secured party enforces his right to seizure and sale of a motor vehicle located out of this state, he may, in addition to any remedy provided under Louisiana law, proceed under the procedural laws governing seizure and sale of the state in which the property is located. An action to proceed under the laws of another state shall not affect the rights of the secured party granted under Louisiana law, including but not limited to the right to obtain a deficiency judgment upon showing compliance with the laws of the state in which the property was seized.

B. When a secured party seizes a motor vehicle under the procedural laws governing seizure of the state in which the motor vehicle is located, he may, at his option, return the motor vehicle to Louisiana and sell same at public or private sale without appraisal, provided that the mortgage authorizes a sale without appraisal.

Added by Acts 1984, No. 126, §1. Amended by Acts 1985, No. 39, §1; Acts 1986, No. 106, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 2001, No. 128, §17, eff. July 1, 2001.
La. Civ. Code art. 636 — LA Code / Code civil-code / Article 636
Taxes, repairs, and other charges.
Status: in_force

When the person having the right of habitation occupies the entire house, he is liable for ordinary repairs, for the payment of taxes, and for other annual charges in the same manner as the usufructuary.

When the person having the right of habitation occupies only a part of the house, he is liable for ordinary repairs to the part he occupies and for all other expenses and charges in proportion to his enjoyment.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 3505 — LA Code / Code code-of-civil-procedure / Article 3505
Reduction of excessive seizure
Status: in_force

If the value of the property seized under a writ of attachment or of sequestration exceeds what is reasonably necessary to satisfy the plaintiff's claim, the defendant by contradictory motion may obtain the release of the excess.
La. Code Civ. Proc. art. 1151 — LA Code / Code code-of-civil-procedure / Article 1151
Amendment of petition and answer; answer to amended petition
Status: in_force

A plaintiff may amend his petition without leave of court at any time before the answer thereto is served. He may be ordered to amend his petition under Articles 932 through 934. A defendant may amend his answer once without leave of court at any time within ten days after it has been served. Otherwise, the petition and answer may be amended only by leave of court or by written consent of the adverse party.

A defendant shall plead in response to an amended petition within the time remaining for pleading to the original pleading or within ten days after service of the amended petition, whichever period is longer, unless the time is extended under Article 1001.
La. Code Civ. Proc. art. 4875 — LA Code / Code code-of-civil-procedure / Article 4875
Entire suit transferred
Status: in_force

A. An order to transfer divests the trial court of limited jurisdiction of jurisdiction over all claims and parties cumulated in the suit and the entire suit is transferred to the district court.

B. The right of other parties to trial by jury in the district court shall be determined as if the suit had initially been commenced in that court.

Acts 1979, No. 46, §1, eff. Jan. 1, 1980.
La. Civ. Code art. 545 — LA Code / Code civil-code / Article 545
Modifications of usufruct.
Status: in_force

Usufruct may be established for a term or under a condition, and subject to any modification consistent with the nature of usufruct.

The rights and obligations of the usufructuary and of the naked owner may be modified by agreement unless modification is prohibited by law or by the grantor in the act establishing the usufruct.

Acts 1976, No. 103, §1.
La. Code Crim. Proc. art. 975 — LA Code / Code code-of-criminal-procedure / Article 975
Individuals incarcerated; ineligible to file motion to expunge records
Status: in_force

A person in the physical custody of the Department of Public Safety and Corrections serving a sentence at hard labor shall not be permitted to file a motion to expunge a record of an arrest which did not result in a conviction or to expunge a record of an arrest and conviction of a misdemeanor or felony offense.

Acts 2014, No. 145, §1; Acts 2020, No. 78, §1.
La. Ch. Code art. 663 — LA Code / Code childrens-code / Article 663
Evidence; suspension of privileges
Status: in_force

A. Except as otherwise hereinafter provided, the adjudication hearing shall be conducted according to the rules of evidence applicable to civil proceedings.

B. The court may consider as evidence any videotape which is prepared in compliance with Chapter 8 of Title III and which is relevant to the proceeding.

C. Evidence of a prior criminal conviction shall be admissible in proceedings brought under this Title in order to prove allegations made under Article 606. Such proof shall be by certified copy of the judgment of conviction or certified copy of the minute entry of conviction in accordance with the Louisiana Code of Evidence.

D. Testimony or other evidence relevant to the abuse or neglect of a child or the cause of such condition may not be excluded on any ground of privilege, except in the case of confessions or communications between an attorney and his client or confidential communications between a priest, rabbi, duly ordained minister, or Christian Science practitioner and his confidential communicant.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 612, §1.
La. Code Civ. Proc. art. 325 — LA Code / Code code-of-civil-procedure / Article 325
Right of entry for execution; may require assistance of others if resistance offered or threatened
Status: in_force

In the execution of a writ, mandate, order, or judgment of a court, the sheriff may enter on the lands, and into the residence or other building, owned or occupied by the judgment debtor or defendant. If necessary to effect entry, he may break open any door or window. If resistance is offered or threatened, he may require the assistance of the police, of neighbors, and of persons present or passing by.
La. Code Crim. Proc. art. 535 — LA Code / Code code-of-criminal-procedure / Article 535
Time to file motion to quash
Status: in_force

A. A motion to quash may be filed of right at any time before commencement of the trial, when based on the ground that:

(1) The offense charged is not punishable under a valid statute;

(2) The indictment does not conform with the requirements of Chapters 1 and 2 of Title XIII;

(3) Trial for the offense charged would constitute double jeopardy;

(4) The time limitation for the institution of prosecution has expired;

(5) The court has no jurisdiction of the offense charged; or

(6) The information charges an offense for which prosecution can be instituted only by a grand jury indictment.

(7) The individual charged with a violation of the Uniform Controlled Dangerous Substances Law has a valid prescription for that substance.

These grounds may be urged at a later stage of the proceedings in accordance with other provisions of this Code.

B. A motion to quash on the ground that the time limitation for commencement of trial has expired may be filed at any time before commencement of trial.

C. A motion to quash on grounds other than those stated in Paragraphs A and B of this Article shall be filed in accordance with Article 521.

D. The grounds for a motion to quash under Paragraphs B and C are waived unless a motion to quash is filed in conformity with those provisions.

E. The court may, in order to avoid a continuance, defer a hearing on a motion to quash until the end of the trial.

Amended by Acts 1978, No. 735, §2; Acts 2009, No. 265, §2.
La. Civ. Code art. 1934 — LA Code / Code civil-code / Article 1934
Time when acceptance of an irrevocable offer is effective
Status: in_force

An acceptance of an irrevocable offer is effective when received by the offeror.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3338 — LA Code / Code civil-code / Article 3338
Instruments creating real rights in immovables; recordation required to affect third persons
Status: in_force

The rights and obligations established or created by the following written instruments are without effect as to a third person unless the instrument is registered by recording it in the appropriate mortgage or conveyance records pursuant to the provisions of this Title:

(1) An instrument that transfers an immovable or establishes a real right in or over an immovable.

(2) The lease of an immovable.

(3) An option or right of first refusal, or a contract to buy, sell, or lease an immovable or to establish a real right in or over an immovable.

(4) An instrument that modifies, terminates, or transfers the rights created or evidenced by the instruments described in Subparagraphs (1) through (3) of this Article.

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

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Code Crim. Proc. art. 209 — LA Code / Code code-of-criminal-procedure / Article 209
When summons may be issued by magistrate
Status: in_force

When a complaint is made of the commission of a misdemeanor and the requirements of Article 202 are met, the magistrate may issue a summons instead of a warrant of arrest, if he has reasonable ground to believe that the person against whom the complaint is made will appear upon a summons. In a case where a summons has been issued, a warrant of arrest may be issued later in its place.
La. Code Evid. art. 806 — LA Code / Code code-of-evidence / Article 806
Attacking and supporting credibility of declarant
Status: in_force

When a hearsay statement, or a statement defined in Article 801(D)(2)(c) or (D)(3), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, offered to attack the declarant's credibility, is not subject to any requirement that he may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine him on the statement as a witness identified with an adverse party.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 1362 — LA Code / Code civil-code / Article 1362
Coheir's right to take succession effects in payment of collation.
Status: in_force

When the deduction which is to be made in favor of the heir to whom the collation is due, has been ascertained and established, according to * the preceding article, if there be among the effects of the succession any movables or immovables, which this heir wishes to take at the estimated value in payment of the amount of the collation due to him, he can take them at his choice, and the officer shall give them to him.**

* English translation of French text incomplete; should include "the operation mentioned in."

** English translation of French text incomplete; should include "to the amount of the collation due to him."
La. Ch. Code art. 1266 — LA Code / Code childrens-code / Article 1266
Hearing
Status: in_force

The motion for limited visitation rights shall be set for hearing contradictorily with the adoptive parents.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 2947 — LA Code / Code civil-code / Article 2947
Applicable law
Status: in_force

Conventional sequestration is governed by the rules applicable to deposit, to the extent that their application is compatible with the nature of conventional sequestration.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Code Civ. Proc. art. 3741 — LA Code / Code code-of-civil-procedure / Article 3741
Right of enforcement
Status: in_force

A legal mortgage, after judgment on the original obligation has been obtained, a judicial mortgage, or a conventional mortgage may be enforced without reference to any alienation or transfer of the mortgaged property from the original debtor, and the creditor may cause the property to be seized and sold as though it were still owned by the original debtor and in his possession.
La. Code Civ. Proc. art. 3611 — LA Code / Code code-of-civil-procedure / Article 3611
Penalty for disobedience; damages
Status: in_force

Disobedience of or resistance to a temporary restraining order or preliminary or final injunction is punishable as a contempt of court. The court may cause to be undone or destroyed whatever may be done in violation of an injunction, and the person aggrieved thereby may recover the damages sustained as a result of the violation.
La. Civ. Code art. 3478 — LA Code / Code civil-code / Article 3478
Termination of precarious possession; commencement of prescription
Status: in_force

A co-owner, or his universal successor, may commence to prescribe when he demonstrates by overt and unambiguous acts sufficient to give notice to his co-owner that he intends to possess the property for himself. The acquisition and recordation of a title from a person other than a co-owner thus may mark the commencement of prescription.

Any other precarious possessor, or his universal successor, may commence to prescribe when he gives actual notice to the person on whose behalf he is possessing that he intends to possess for himself.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.