FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 1364 — LA Code / Code civil-code / Article 1364
Division into lots according to number of heirs or roots.
Status: in_force

When the deductions have been made, and those to whom the collations were due have received them, as is said in the preceding article, the officer divides what remains into as many equal lots as there are heirs, or roots entitled to a share.

No subdivision of the lots thus formed need be made between the individual coproprietors claiming under the same root.

A partition thus made, even without a subdivision being made of the lots to which each root may be entitled, shall be a definitive partition.

Amended by Acts 1938, No. 407.
La. Ch. Code art. 788 — LA Code / Code childrens-code / Article 788
Service of motion to modify
Status: in_force

A. A copy of a motion to modify shall be served upon any affected child, his caretaker, the district attorney, the duly authorized representative of any affected institution or agency providing services, and any person, institution, or agency to whom the custody of the child has been assigned.

B. Service shall be in the manner provided for service of the petition.

Acts 1991, No. 235, §7.
La. Code Civ. Proc. art. 3001 — LA Code / Code code-of-civil-procedure / Article 3001
Sending into possession without administration when all heirs are competent and accept
Status: in_force

A. The heirs of an intestate decedent shall be recognized by the court, and sent into possession of his property without an administration of the succession, on the ex parte petition of all of the heirs, when all of them are competent and accept the succession, and the succession is relatively free of debt. A succession shall be deemed relatively free of debt when its only debts are administration expenses, mortgages not in arrears, and debts of the decedent that are small in comparison with the assets of the succession.

B. The surviving spouse in community of an intestate decedent shall be recognized by the court on ex parte petition as entitled to the possession of an undivided half of the community, and of the other undivided half to the extent that he has the usufruct thereof, without an administration of the succession, when the succession is relatively free of debt, as provided above.

Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980; Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Civ. Code art. 3346 — LA Code / Code civil-code / Article 3346
Place of recordation; duty of the recorder
Status: in_force

A. An instrument creating, establishing, or relating to a mortgage or privilege over an immovable, or the pledge of the lessor's rights in the lease of an immovable and its rents, is recorded in the mortgage records of the parish in which the immovable is located. All other instruments are recorded in the conveyance records of that parish.

B. The recorder shall maintain in the manner prescribed by law all instruments that are recorded with him.

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.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Civ. Code art. 2930 — LA Code / Code civil-code / Article 2930
Diligence and prudence required
Status: in_force

When the deposit is onerous, the depositary is bound to fulfill his obligations with diligence and prudence.

When the deposit is gratuitous, the depositary is bound to fulfill his obligations with the same diligence and prudence in caring for the thing deposited that he uses for his own property.

Whether the deposit is gratuitous or onerous, the depositary is liable for the loss that the depositor sustains as a result of the depositary's failure to perform such obligations.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Code Civ. Proc. art. 643 — LA Code / Code code-of-civil-procedure / Article 643
Solidary obligees and obligors; joinder
Status: in_force

One or more solidary obligees may sue to enforce a solidary right, and one or more solidary obligors may be sued to enforce a solidary obligation, without the necessity of joining all others in the action.

Acts 1995, No. 662, §1.
La. Code Civ. Proc. art. 3826 — LA Code / Code code-of-civil-procedure / Article 3826
Transfer of custody; answer
Status: in_force

If the person upon whom the writ of habeas corpus is served has transferred the custody of the person detained prior to service of the writ, he shall state in his answer the name and address of the person to whom custody was transferred, the time of and the authority for the transfer, and the place where the person detained is then in custody.
La. Code Crim. Proc. art. 514 — LA Code / Code code-of-criminal-procedure / Article 514
Minute entry regarding counsel
Status: in_force

The minutes of the court must show either that the defendant was represented by counsel or that he was informed by the court of the defendant's right to counsel, including the right to court-appointed counsel, and that he waived such right.

Amended by Acts 1981, No. 135, §1.
La. Code Civ. Proc. art. 2339 — LA Code / Code code-of-civil-procedure / Article 2339
Judgment debtor and creditor may bid
Status: in_force

The judgment debtor and the seizing creditor may bid for the property.
La. Civ. Code art. 3546 — LA Code / Code civil-code / Article 3546
Punitive damages
Status: in_force

Punitive damages may not be awarded by a court of this state unless authorized:

(1) By the law of the state where the injurious conduct occurred and by either the law of the state where the resulting injury occurred or the law of the place where the person whose conduct caused the injury was domiciled; or

(2) By the law of the state in which the injury occurred and by the law of the state where the person whose conduct caused the injury was domiciled.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 2890 — LA Code / Code code-of-civil-procedure / Article 2890
Proces verbal of probate
Status: in_force

A. A proces verbal of the hearing shall be prepared and shall be signed by the judge or the clerk, and by the witnesses who testified personally at the hearing. The proces verbal, which shall be a record of the succession proceeding, shall recite or include:

(1) The opening of the testament, and the manner in which proof of its authenticity and validity was submitted.

(2) The names of the witnesses testifying, either personally or by affidavit or deposition; the substance of the testimony of the witnesses who testify personally at the hearing; and that any affidavits or depositions used are made a part thereof by attachment or by reference.

(3) An order that the testament be recorded, filed, and executed, if the court finds that it has been proved in accordance with law; or an order refusing to probate the testament, giving the substance of the court's reasons therefor.

B. If written affidavits only are used to prove a will pursuant to Articles 2883 through 2888, the proces verbal shall be dispensed with, and the court shall render a written order that the testament be recorded, filed, and executed, if the court finds that it has been proved in accordance with law, or a written order refusing to probate the testament, giving the substance of the court's reasons therefor.

Amended by Acts 1968, No. 130, §1; Acts 1970, No. 475, §1; Acts 1984, No. 393, §1; Acts 1987, No. 270, §1; Acts 2025, No. 34, §1.
La. Ch. Code art. 1670 — LA Code / Code childrens-code / Article 1670
Compacting states; effective date and amendment
Status: in_force

A. Any state, the District of Columbia or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Article 1662 of this compact is eligible to become a compacting state.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the thirty-fifth state. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states and territories of the United States.

C. The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

Acts 2003, No. 1185, §1, eff. July 1, 2004.
La. Ch. Code art. 1640 — LA Code / Code childrens-code / Article 1640
Indian tribes
Status: in_force

NOTE: Art. 1640 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

Notwithstanding any other provision in this Chapter or the compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all of the purposes of the compact as specified in Article 1623. The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes.

Acts 2010, No. 893, §1.
La. Code Civ. Proc. art. 933 — LA Code / Code code-of-civil-procedure / Article 933
Effect of sustaining dilatory exception
Status: in_force

A. If the dilatory exception pleading want of amicable demand is sustained, the judgment shall impose all court costs upon the plaintiff. If the dilatory exception pleading prematurity is sustained, the premature action, claim, demand, issue or theory shall be dismissed.

B. When the grounds of the other objections pleaded in the dilatory exception may be removed by amendment of the petition or other action by plaintiff, the judgment sustaining the exception shall order plaintiff to remove them within the delay allowed by the court; and the action, claim, demand, issue or theory subject to the exception shall be dismissed only for a noncompliance with this order.

Acts 2003, No. 545, §1.
La. Ch. Code art. 1021 — LA Code / Code childrens-code / Article 1021
Service and return; child; resident parent; counsel
Status: in_force

A. For a child, through counsel, and for a parent who resides within the state, service of the petition, summons, and notice shall be made as soon as possible, and not less than fifteen days prior to commencement of the adjudication hearing on the matter, by any of the following means:

(1) Personal service.

(2) Domiciliary service.

(3) Certified mail.

(4) Electronic mail to the electronic mail address provided by counsel for the child or expressly designated by the parent in a pleading, at the continued custody or continued safety plan hearing, or at any other hearing at which the parent personally appeared before the court.

(5) Actual delivery by a commercial courier.

B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.

C. Service by electronic mail is complete upon transmission, provided that the sender receives an electronic confirmation of delivery.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 2022, No. 272, §1.
La. Code Civ. Proc. art. 4845 — LA Code / Code code-of-civil-procedure / Article 4845
Amount in dispute; jurisdiction of incidental demands; parish, city, and justice of the peace courts; payment of costs of transfer
Status: in_force

A.(1) When a parish or city court has subject matter jurisdiction over the principal demand, it may exercise subject matter jurisdiction over any properly instituted incidental action arising out of the same transaction or occurrence from which the principal demand arose, regardless of the amount in dispute in the incidental demand. When a justice of the peace court has jurisdiction over the principal demand, it may exercise subject matter jurisdiction over a good faith incidental demand in the same manner as a parish or city court, except that if the amount in dispute of such incidental demand exceeds its jurisdictional amount, a justice of the peace court may not continue to exercise jurisdiction except for purposes of transferring the entire action as provided in this Section.

(2) When an otherwise properly instituted incidental demand exceeds the subject matter jurisdiction of a parish or city court, the court may transfer the entire action to a court of proper jurisdiction.

B. When a compulsory reconventional demand exceeds the jurisdiction of a parish or city court, and when any good faith incidental demand before a justice of the peace court exceeds the jurisdictional amount of the justice of a peace court, the court shall transfer the entire action to a court of proper jurisdiction. The party filing the incidental demand that causes the justice of the peace court to transfer the action shall be responsible for payment of all costs for the transfer and shall make payment of the costs directly to the clerk of court of the transferee court within fifteen days of the filing of the incidental demand in the justice of the peace court.

Acts 1986, No. 156, §1; Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1991, No. 676, §1; Acts 1995, No. 202, §1; Acts 1999, No. 678, §1.
La. Code Civ. Proc. art. 2724 — LA Code / Code code-of-civil-procedure / Article 2724
Articles relating to sales under fieri facias applicable
Status: in_force

A. The provisions of Articles 2293(A) through (C), 2333 through 2335, 2337 through 2344, and 2371 through 2381, relating to a sale of property under the writ of fieri facias, shall apply to a sale of property under the writ of seizure and sale.

B. The provisions of Article 2336 shall also apply to a sale of property under the writ of seizure and sale, unless appraisement has been waived, as provided in Article 2723.

Acts 1991, No. 662, §1, eff. Jan. 1, 1992; Acts 2012, No. 127, §1; Acts 2023, No. 390, §1.
La. Code Civ. Proc. art. 4071 — LA Code / Code code-of-civil-procedure / Article 4071
Security, oath, and tenure of provisional tutor
Status: in_force

A provisional tutor shall take an oath to discharge faithfully the duties of his office and shall furnish security as provided in Article 4132 for the faithful performance of his duties, in an amount determined by the court as adequate for the protection of the minor.

A provisional tutor shall continue in office until his appointment is terminated by the court or until a tutor has been qualified.
La. Code Civ. Proc. art. 1604 — LA Code / Code code-of-civil-procedure / Article 1604
Prevention of continuance by admission of adverse party
Status: in_force

When a party applies for a continuance on account of the absence of a material witness, the adverse party may require him to disclose on oath what facts he intends to prove by such witness, and if the adverse party admits that if the witness were present he would testify as stated in the affidavit, the court shall proceed to the trial of the case.
La. Civ. Code art. 749 — LA Code / Code civil-code / Article 749
Extent and manner of use of servitude when title is silent.
Status: in_force

If the title is silent as to the extent and manner of use of the servitude, the intention of the parties is to be determined in the light of its purpose.

Acts 1977, No. 514, §1.
La. Civ. Code art. 3493.3 — LA Code / Code civil-code / Article 3493.3
Delictual actions; two-year prescription; criminal act
Status: in_force

Delictual actions which arise due to damages sustained as a result of an act defined as a crime of violence under Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, except as provided in Article 3496.2, are subject to a liberative prescription of two years. This prescription commences to run from the day injury or damage is sustained.

Acts 1999, No. 832, §1; Acts 2016, No. 629, §1; Acts 2024, No. 423, §1; Redesignated from C.C. Art. 3493.10.
La. Code Crim. Proc. art. 820 — LA Code / Code code-of-criminal-procedure / Article 820
Application of chapter to cases tried without a jury
Status: in_force

All provisions of this Chapter regulating the responsiveness and effect of verdicts shall apply to cases tried without a jury.
La. Civ. Code art. 3466 — LA Code / Code civil-code / Article 3466
Effect of interruption
Status: in_force

If prescription is interrupted, the time that has run is not counted. Prescription commences to run anew from the last day of interruption.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 1606 — LA Code / Code civil-code / Article 1606
Testator's right of revocation
Status: in_force

A testator may revoke his testament at any time. The right of revocation may not be renounced.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 2301 — LA Code / Code civil-code / Article 2301
Obligation under suspensive condition
Status: in_force

A thing is not owed when it is paid or delivered for discharge of an obligation that is subject to a suspensive condition.

Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
La. Civ. Code art. 1597 — LA Code / Code civil-code / Article 1597
Loss, extinction, or destruction of property given
Status: in_force

A. A legacy is extinguished to the extent that property forming all or part of the legacy is lost, extinguished, or destroyed before the death of the testator. However, the legatee is entitled to any part of the property that remains and to any uncollected insurance proceeds attributable to the loss, extinction, or destruction, and to the testator's right of action against any person liable for the loss, extinction, or destruction.

B. A legacy of a certain object is not extinguished when the object of the legacy has been transformed into a similar object without an act of the testator.

C. If the object of the legacy has been condemned or expropriated prior to the testator's death, the legatee is entitled to any uncollected award and to succeed to any right of action concerning the condemnation or expropriation.

Acts 1997, No. 1421, §1, eff. July 1, 1999; Acts 2001, No. 824, §1.
La. Civ. Code art. 3472.1 — LA Code / Code civil-code / Article 3472.1
Emergency suspension of prescription and peremption
Status: in_force

Notwithstanding any other provision of the law or any provision of an executive order or proclamation, in the event the governor, in response to a state of emergency or disaster, issues an executive order or proclamation pursuant to R.S. 29:721 through 775 that purports to suspend or extend liberative prescriptive or peremptive periods in all or part of the state, the executive order or proclamation shall have the effect of suspending only those liberative prescriptive or peremptive periods that would have otherwise accrued during the period of time specified in the order or proclamation or, if no period of time is specified, during the duration of the effectiveness of the executive order or proclamation. Upon the termination of the period of suspension, liberative prescription or peremption commences to run again and accrues upon the earlier of thirty days after the expiration of the period of suspension or in accordance with the period of time as calculated pursuant to Article 3472.

Acts 2020, 1st Ex. Sess., No. 3, §1, eff. June 25, 2020; Acts 2022, No. 469, §1.
La. Civ. Code art. 2630 — LA Code / Code civil-code / Article 2630
Indivisibility of right
Status: in_force

The right to exercise an option and the right of first refusal are indivisible. When either of such rights belongs to more than one person all of them must exercise the right.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3283 — LA Code / Code civil-code / Article 3283
Kinds of mortgages
Status: in_force

Mortgage is conventional, legal, or judicial, and with respect to the manner in which it burdens property, it is general or special.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 905.1 — LA Code / Code childrens-code / Article 905.1
Academic plan for children committed to the Department of Public Safety and Corrections
Status: in_force

A. When a child is assigned to the secure custody of the Department of Public Safety and Corrections following an adjudication of delinquency, the department shall assess the child's academic grade level using a research-based diagnostic tool within thirty days of the child's admission to a secure care facility.

B. The department shall develop a written academic plan for the child based upon all of the following criteria for each individual child:

(1) Grade level diagnostic test results.

(2) Past academic performance.

(3) The individualized education plan or individualized learning plan, as applicable.

(4) The length of time the child will be in the department's secure custody.

C. If the child tests at grade level or above, the individualized education plan or individualized learning plan shall be structured to allow the child to timely prepare for or earn a high school diploma, General Educational Development Certification or certificate of achievement from the Special School District, during the period the child is in the department's secure custody.

D. If the child tests below grade level, the individualized education plan or individualized learning plan shall be structured, depending on the child's abilities, to bring the child's academic performance up to grade level or as reasonably close thereto as possible, during the period the child is in the department's secure custody.

E. The department shall submit the individualized education plan or individualized learning plan to the court within forty-five days of the child's admission to the secure care facility and a copy shall be provided to the parents or guardian of the child, the district attorney, and counsel for the child at the time it is submitted to the court.

F. A report on the child's academic progress shall be included in the department's quarterly report to the court.

G. For purposes of this Code, "individualized learning plan" shall include vocational training.

H. Upon discharge from the department's custody, a copy of the child's academic plan and all progress reports shall be provided to the child's parents or guardian. The department shall provide this information to the school or academic program in which the child is thereafter enrolled upon written request.

Acts 2012, No. 629, §1, eff. June 7, 2012; Acts 2024, No. 124, §1.
La. Civ. Code art. 2302 — LA Code / Code civil-code / Article 2302
Payment of the debt of another person
Status: in_force

A person who paid the debt of another person in the erroneous belief that he was himself the obligor may reclaim the payment from the obligee. The payment may not be reclaimed to the extent that the obligee, because of the payment, disposed of the instrument or released the securities relating to the claim. In such a case, the person who made the payment has a recourse against the true obligor.

Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
La. Code Civ. Proc. art. 4850 — LA Code / Code code-of-civil-procedure / Article 4850
Jurisdiction in rem or quasi in rem; executory proceedings
Status: in_force

A. A parish court or a city court may exercise jurisdiction quasi in rem over movable or immovable property, or jurisdiction in rem over movable property, in the manner provided by law, if the property is situated within the territorial jurisdiction of the court.

B. A parish court or a city court may issue a writ of seizure and sale in an executory proceeding to enforce a privilege or mortgage on movable or immovable property.

Acts 1986, No. 156, §1.