FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 1766 — LA Code / Code code-of-civil-procedure / Article 1766
Time for challenges; method
Status: in_force

A. After a juror has been examined as provided in Article 1763, the court may excuse the juror and if the court does not do so, either party may challenge the juror for cause.

B. If a juror has not been excused for cause, a peremptory challenge may be made by any party. The court shall alternate between the sides when making initial inquiry as to whether any party wishes to exercise a peremptory challenge to that juror.

C. After the entire jury has been accepted and sworn, no party has a right to challenge peremptorily.

D. Peremptory challenges of jurors shall be made and communicated to the court in a side bar conference of the judge, the attorneys conducting the examination and selection of jurors, and the plaintiff or defendant in a case in which the plaintiff or defendant chooses to represent himself. The conference shall be conducted in a manner that only the court, the attorneys, and the plaintiff or defendant in a case in which the plaintiff or defendant chooses to represent himself, are aware of the challenges made until the court announces the challenges without reference to any party or attorney in the case. The side bar conference shall be conducted on the record and out of the presence of the prospective jurors.

Acts 1983, No. 534, §5; Acts 1990, No. 703, §1.
La. Civ. Code art. 1907 — LA Code / Code civil-code / Article 1907
Unilateral contracts
Status: in_force

A contract is unilateral when the party who accepts the obligation of the other does not assume a reciprocal obligation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 497 — LA Code / Code civil-code / Article 497
Constructions by bad faith possessor.
Status: in_force

When constructions, plantings, or works are made by a bad faith possessor, the owner of the immovable may keep them or he may demand their demolition and removal at the expense of the possessor, and, in addition, damages for the injury that he may have sustained. If he does not demand demolition and removal, he is bound to pay at his option either the current value of the materials and of the workmanship of the separable improvements that he has kept or the enhanced value of the immovable.

Acts 1979, No. 180, §1.
La. Civ. Code art. 3538 — LA Code / Code civil-code / Article 3538
Form
Status: in_force

A contract is valid as to form if made in conformity with: (1) the law of the state of making; (2) the law of the state of performance to the extent that performance is to be rendered in that state; (3) the law of the state of common domicile or place of business of the parties; or (4) the law governing the substance of the contract under Articles 3537 or 3540.

Nevertheless, when for reasons of public policy the law governing the substance of the contract under Article 3537 requires a certain form, there must be compliance with that form.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 1148 — LA Code / Code childrens-code / Article 1148
Time limitations; finality
Status: in_force

No action to annul a surrender shall be brought for any reason after ninety days from its execution or after a decree of adoption has been entered, whichever is earlier.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 903.1 — LA Code / Code code-of-criminal-procedure / Article 903.1
Substance abuse probation program; eligibility
Status: in_force

A. In order to be eligible for the substance abuse probation program, the defendant must be charged with a violation of a statute of this state relating to the use and possession of or possession with intent to distribute any narcotic drugs, coca leaves, marijuana, stimulants, depressants, or hallucinogenic drugs, or where there is a significant relationship between the use of alcohol or drugs and the crime before the court.

B. The provisions of this Article shall not apply to any defendant who has been convicted of a crime of violence as defined in R.S. 14:2(B), except for a first conviction of an offense with a maximum prison sentence of ten years or less that was not committed against a family member or household member as defined by R.S. 14:35.3, or against a dating partner as defined by R.S. 46:2151, or a sex offense as defined in R.S. 15:541, or any defendant who has participated in or declined to participate in a drug division probation program as provided for in R.S. 13:5301 et seq.

Acts 2013, No. 389, §1; Acts 2015, No. 199, §2; Acts 2017, No. 280, §1, eff. November 1, 2017.

NOTE: Pursuant to the Section 2 of Act No. 199 of the 2015 R.S., the provisions of Articles 903 through 903.3 enacted by Section 4 of Act No. 389 of the 2013 R.S. shall become null, void, and have no effect on August 1, 2020, and thereafter
La. Ch. Code art. 1285.14 — LA Code / Code childrens-code / Article 1285.14
Final decree; notice; standard
Status: in_force

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

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

Acts 2013, No. 86, §1; Acts 2014, No. 721, §1.
La. Ch. Code art. 875 — LA Code / Code childrens-code / Article 875
Motions to dismiss
Status: in_force

A. All objections to the proceedings, including objections based on defects in the petition and defenses capable of determination as a matter of law, may be raised by motion to dismiss.

B. Upon a finding of grounds to dismiss the petition as provided for in Paragraph A of this Article, the court shall order that the petition be dismissed.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2011, No. 172, §1.
La. Civ. Code art. 2932 — LA Code / Code civil-code / Article 2932
Use of consumable
Status: in_force

When the thing deposited is a consumable and the depositary has permission to consume or dispose of it, the contract is a loan for consumption rather than deposit and is governed by the laws applicable to that contract.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Code Civ. Proc. art. 465 — LA Code / Code code-of-civil-procedure / Article 465
Separate trials of cumulated actions
Status: in_force

When the court is of the opinion that it would simplify the proceedings, would permit a more orderly disposition of the case, or would otherwise be in the interest of justice, at any time prior to trial, it may order a separate trial of cumulated actions, even if the cumulation is proper.
La. Code Crim. Proc. art. 912.1 — LA Code / Code code-of-criminal-procedure / Article 912.1
Right of appeal and application for review; defendant
Status: in_force

A.(1) The defendant may appeal to the supreme court from a judgment in a capital case in which a sentence of death actually has been imposed.

(2) Except as provided in Code of Criminal Procedure Article 905.9, such defendant may waive his right of appeal. The defendant shall be informed, both in writing and orally, of this right to waive appeal upon appointment of appellate counsel.

B.(1) The defendant may appeal to the court of appeal from a judgment in a criminal case triable by jury, except as provided in Paragraph A or Subparagraph (2) of this Paragraph.

(2) An appeal from a judgment in a criminal case triable by jury from a city court located in the Nineteenth Judicial District, except as provided in Paragraph A of this Article, shall be taken to the Nineteenth Judicial District in the parish of East Baton Rouge.

C.(1) In all other cases not otherwise provided by law, the defendant has the right of judicial review by application to the court of appeal for a writ of review. This application shall be accompanied by a complete record of all evidence upon which the judgment is based unless the defendant intelligently waives the right to cause all or any portion of the record to accompany the application.

(2) An application for review by the defendant shall not suspend the execution of sentence, unless the defendant is admitted to postconviction bail.

Added by Acts 1974, Ex.Sess., No. 28, §1, eff. Jan. 1, 1975. Amended by Acts 1980, No. 516, §1, eff. July 1, 1982; Acts 1986, No. 443, §1; Acts 2001, No. 1134, §2; Acts 2010, No. 674, §1, eff. Oct. 1, 2010.
La. Civ. Code art. 576 — LA Code / Code civil-code / Article 576
Standard of care.
Status: in_force

The usufructuary is answerable for losses resulting from his fraud, default, or neglect.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 3512 — LA Code / Code code-of-civil-procedure / Article 3512
Release of plaintiff's security
Status: in_force

The security required of the plaintiff for the issuance of a writ of attachment or of sequestration shall be released when judgment is rendered in his favor and is affirmed on appeal or when no appeal has been taken and the delay for appeal has elapsed.
La. Code Civ. Proc. art. 1116 — LA Code / Code code-of-civil-procedure / Article 1116
Third party defendant may bring in third person
Status: in_force

A third party defendant may proceed under Articles 1111 through 1115 against any person who is or may be liable to him for all or any part of the third party demand.
La. Code Crim. Proc. art. 12 — LA Code / Code code-of-criminal-procedure / Article 12
Pleading a statute
Status: in_force

In pleading a state statute of Louisiana or an ordinance of a political subdivision thereof, a state statute of another state of the United States, or a federal statute, or a right derived therefrom or an obligation created thereby, it is sufficient to refer to the statute or ordinance by an official method of citation, by its title, or in any other manner which identifies the statute or ordinance.
La. Ch. Code art. 1283.1 — LA Code / Code childrens-code / Article 1283.1
Petition; contents; form
Status: in_force

A. The petition for adoption of a foreign orphan shall be styled: "In re __________, Applying for Adoption of Foreign Orphan from a Non-Hague Convention Country." 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) The date and circumstances under which the child entered the home of the petitioner.

(5) Any relationship existing between the petitioner and the child.

B. The petition shall be accompanied by a certification for adoption, a certified copy of the United States Citizenship and Immigration Services documentation of orphan status, a copy of the child's immigrant visa or permanent resident card, the original or a certified copy of a valid foreign custody decree, together with a notarized translation, and the original or certified copy of a valid birth certificate, together with a notarized translation, and an affidavit of fees and expenses.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Civ. Code art. 804 — LA Code / Code civil-code / Article 804
Substantial alterations or improvements
Status: in_force

Substantial alterations or substantial improvements to the thing held in indivision may be undertaken only with the consent of all the co-owners.

When a co-owner makes substantial alterations or substantial improvements consistent with the use of the property, though without the express or implied consent of his co-owners, the rights of the parties shall be determined by Article 496. When a co-owner makes substantial alterations or substantial improvements inconsistent with the use of the property or in spite of the objections of his co-owners, the rights of the parties shall be determined by Article 497.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Code Civ. Proc. art. 2952 — LA Code / Code code-of-civil-procedure / Article 2952
Descriptive list of property, if no inventory
Status: in_force

A. If no inventory of the property left by the deceased has been taken, any heir, legatee, or other interested party shall file in the succession proceeding a detailed descriptive list, sworn to and subscribed by him, of all items of property composing the succession of the deceased, stating the actual cash value of each item at the time of the death of the deceased.

B. The detailed descriptive list shall be sealed upon the request of an heir or legatee.

C. If the detailed descriptive list is sealed, a copy shall be provided to the decedent's universal successors and surviving spouse. Upon motion of any successor, surviving spouse, or creditor of the estate, the court may furnish relevant information contained in the detailed descriptive list regarding assets and liabilities of the estate.

Acts 2020, No. 19, §2.
La. Civ. Code art. 699 — LA Code / Code civil-code / Article 699
Examples of predial servitudes.
Status: in_force

The following are examples of predial servitudes:

Rights of support, projection, drip, drain, or of preventing drain, those of view, of light, or of preventing view or light from being obstructed, of raising buildings or walls, or of preventing them from being raised, of passage, of drawing water, of aqueduct, of watering animals, and of pasturage.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 1420 — LA Code / Code code-of-civil-procedure / Article 1420
Signing of discovery requests, responses, or objections
Status: in_force

A. Every request for discovery, or response or objection thereto, made by a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign the request, response, or objection and state his address.

B. The signature of an attorney or party constitutes a certification by him that he has read the request, response, or objection and that to the best of his knowledge, information, and belief formed after reasonable inquiry the request, response, or objection is:

(1) Consistent with all the rules of discovery and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law;

(2) Not interposed for any improper purpose, such as to harass or to cause unnecessary or needless increase in the cost of litigation; and

(3) Not unreasonable, unduly burdensome, or expensive, given the needs of the case, the discovery already had in the case, the amount in controversy, and the importance of the issues at stake in the litigation.

C. If a request, response, or objection is not signed, it shall be stricken unless promptly signed after the omission is called to the attention of the person whose signature is required. A party shall not be obligated to take any action with respect to the request, response, or objection until it is signed.

D. If, upon motion of any party or upon its own motion, the court determines that a certification has been made in violation of the provisions of this Article, the court shall impose upon the person who made the certification or the represented party, or both, an appropriate sanction which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the request, response, or objection, including a reasonable attorney's fee.

E. A sanction authorized in Paragraph D shall be imposed only after a hearing at which any party or his counsel may present any evidence or argument relevant to the issue of imposition of the sanction.

Added by Acts 1988, No. 442, §1, eff. Jan. 1, 1989.

{{NOTE: SEE ACTS 1988, NO. 442, §2.}}
La. Civ. Code art. 3175 — LA Code / Code civil-code / Article 3175
Applicability of general rules of pledge
Status: in_force

In all matters for which no special provision is made in this Chapter, the pledge of the lessor's rights in the lease of an immovable and its rents is governed by the provisions of Chapter 1 of this Title.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Code Crim. Proc. art. 346 — LA Code / Code code-of-criminal-procedure / Article 346
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 Civ. Proc. art. 1072 — LA Code / Code code-of-civil-procedure / Article 1072
Service of cross-claim, citation unnecessary
Status: in_force

The petition in a cross-claim shall be served on the co-party in the manner prescribed by Article 1314. Citation of the co-party shall not be necessary.

Added by Acts 1983, No. 63, §1.
La. Ch. Code art. 312 — LA Code / Code childrens-code / Article 312
Juvenile jurisdiction over adults; criminal proceedings
Status: in_force

A. A court exercising juvenile jurisdiction shall have exclusive original jurisdiction, in conformity with any special rules prescribed by law, to try an adult for the following offenses:

(1) The crime of contributing to the delinquency or dependency of children as authorized by R.S. 14:92.1.

(2) Criminal neglect of family.

(3) The crime of improper supervision of a minor by parent or legal custodian as authorized by R.S. 14:92.2.

B.(1) Except as provided in Subparagraph (2) of this Paragraph, a district court shall have exclusive original jurisdiction, in conformity with any special rules prescribed by law, to try an adult for the following offenses:

(a) The crime of contributing to the delinquency of children as authorized by R.S. 14:92.

(b) Any other misdemeanor enacted for the protection of the physical, moral, or mental well-being of children.

(2) In Orleans Parish, jurisdiction pursuant to Subparagraph (1) of this Paragraph is vested in the criminal district court for that parish or the Municipal and Traffic Court of New Orleans.

C. If the defendant in any case within this Article is entitled to trial by jury and does not waive that right, the court shall transfer the case to its criminal docket or to the appropriate court having criminal jurisdiction.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1995, No. 702, §1; Acts 1997, No. 569, §1; Acts 2011, 1 st Ex. Sess., No. 28, §1; Acts 2017, No. 193, §1.
La. Civ. Code art. 2900 — LA Code / Code civil-code / Article 2900
Liability of joint borrowers
Status: in_force

When several persons jointly borrow the same thing, they are solidarily liable toward the lender.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Ch. Code art. 694 — LA Code / Code childrens-code / Article 694
Notice; absent parents
Status: in_force

A. The court shall permit a case review hearing to be held in the absence of a parent if it is established on the record that the parent was served but is not in attendance or that efforts to serve the parent have been unsuccessful.

B. If reunification with the absent parent is the case plan goal, the department shall make continuing diligent efforts to locate the absent parent and notify him of the nature and outcome of the case review hearing and shall promptly inform the court of any known or discovered address. Otherwise, the department shall promptly inform the court of any new address of an absent parent that becomes known through the case planning process.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1.
La. Code Civ. Proc. art. 1810 — LA Code / Code code-of-civil-procedure / Article 1810
Directed verdicts
Status: in_force

A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict that is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury.

Acts 1983, No. 534, §8; Acts 2023, No. 5, §1.
La. Civ. Code art. 2611 — LA Code / Code civil-code / Article 2611
Resale by the seller
Status: in_force

When the buyer fails to perform a contract of sale of movable things, the seller, within a reasonable time and in good faith, may resell those things that are still in his possession. In such a case the seller is entitled to recover the difference between the contract price and the resale price. The seller may recover also other damages, less the expenses saved as a result of the buyer's failure to perform.

Unless the things are perishable or subject to rapid decline in value, the seller must give the buyer reasonable notice of the public sale at which the things will be resold, or of his intention to resell the things at a private sale.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3207 — LA Code / Code civil-code / Article 3207
Wages recoverable but not privileged.
Status: in_force

As to the wages of preceding years which may be due, the wages may be recovered, if there is any balanced account, note or obligation of the debtor, but they enjoy no privilege. They form an ordinary debt, for which domestics or servants come in by contribution with other ordinary creditors.
La. Ch. Code art. 802 — LA Code / Code childrens-code / Article 802
General applicability
Status: in_force

Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 829 — LA Code / Code childrens-code / Article 829
Cancellation of bail bond
Status: in_force

The court shall order the bail bond cancelled or other security released when there is no further liability thereon.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 1307.10 — LA Code / Code childrens-code / Article 1307.10
Foreign support agreement
Status: in_force

A. Except as otherwise provided in Paragraphs C and D of this Article, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.

B. An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

(1) A complete text of the foreign support agreement; and

(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

C. A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

D. In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:

(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

(2) The agreement was obtained by fraud or falsification;

(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under this Chapter in this state; or

(4) The record submitted under Paragraph B of this Article lacks authenticity or integrity.

E. A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

Acts 2015, No. 80, §1, eff. July 1, 2015.