FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 163.1 — LA Code / Code code-of-criminal-procedure / Article 163.1
Search of a person for bodily samples; warrants; execution
Status: in_force

A. A judge may issue a search warrant authorizing the search of a person for bodily samples to obtain deoxyribonucleic acid (DNA) or other bodily samples.

B. The warrant may be executed any place the person is found and shall be directed to any peace officer who shall obtain and distribute the bodily samples as directed in the warrant.

C. A warrant authorizing the search of a person for bodily samples remains in effect for one hundred eighty days after its issuance.

D.(1) Any examination or testing of any bodily samples seized pursuant to the provisions of this Article shall be at the direction of the attorney general, the district attorney, or the investigating agency.

(2) Notwithstanding any other provision of law to the contrary, any examination or testing of the bodily samples may be conducted at any time before or during the pendency of any criminal proceeding in which the samples may be used as evidence.

Acts 2005, No. 38, §1; Acts 2012, No. 44, §1.
La. Civ. Code art. 3040 — LA Code / Code civil-code / Article 3040
Rules may be varied
Status: in_force

Suretyship may be qualified, conditioned, or limited in any lawful manner.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 1500 — LA Code / Code civil-code / Article 1500
Forced portion in cases of judicial divestment, disinherison, or renunciation of succession rights
Status: in_force

When a forced heir renounces his legitime, is declared unworthy, or is disinherited, his legitime becomes disposable and the forced portion is reduced accordingly. The legitime of each remaining forced heir is not affected.

Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Code Crim. Proc. art. 927.1 — LA Code / Code code-of-criminal-procedure / Article 927.1
Abandonment of application
Status: in_force

A. After filing an application for post conviction relief, the petitioner is responsible for seeking a ruling on his application and pursuing his claims. Failure to actively seek a ruling on an application for post conviction relief after it has been filed shall constitute abandonment of the application, resulting in the dismissal of the application.

B. An application for post conviction relief shall be deemed to be abandoned when the petitioner fails to file any pleading in furtherance of disposition of the application for a period of two years following the filing of the application, irrespective of the stage of the proceedings.

C. This Article shall be operative without a formal order when an abandonment of an application pursuant to Paragraph B of this Article has occurred. On ex parte motion of the district attorney or the attorney general, accompanied by an affidavit that states that action has not been timely taken, the court shall enter a formal order of dismissal as of the date of the application's abandonment.

D. If the petitioner has a shell petition pending as of July 1, 2025, he shall submit a fully-briefed petition to the court no later than July 1, 2026, unless a shorter period of time has been established by the court. Any application for post conviction relief filed before July 1, 2023, shall be dismissed, set for a hearing, or otherwise adjudicated no later than July 1, 2026, unless the court has good cause to establish a later date, provided however that the claims shall be fully adjudicated no later than January 1, 2027. The district attorney or the attorney general shall have a right to seek mandamus to enforce this Paragraph.

E. For the purposes of this Article, "pleading in furtherance of disposition of the application" means a filing that seeks the trial court's ruling on the merits of the application or a claim asserted therein, such as a motion to set the case on the docket, a motion seeking an order, or an application for writ of mandamus seeking a ruling on the application.

Acts 2025, No. 393, §1.
La. Civ. Code art. 2830 — LA Code / Code civil-code / Article 2830
Effects of termination; authority of partners.
Status: in_force

When a partnership terminates, the authority of the partners to act for it ceases, except with regard to acts necessary to liquidate its affairs.

Anything done in what would have been the usual course of business of the partnership by a partner acting in good faith, who is unaware that the partnership has terminated, binds the partnership as if it still existed.

Acts 1980, No. 150, §1.
La. Civ. Code art. 1246 — LA Code / Code civil-code / Article 1246
Profits from contracts with ascendant.
Status: in_force

The heir is not bound to collate the profits he has made from contracts made with his ascendant to whom he succeeds unless the contracts, at the time of their being made, gave the heir some indirect advantage.
La. Civ. Code art. 2791 — LA Code / Code civil-code / Article 2791
Enforcement of the annuity charge
Status: in_force

Upon failure of payment of amounts due under a contract establishing an annuity charge, the recipient may obtain judgment for the amounts due and may enforce the judgment by execution upon the immovable subject to the annuity charge in accordance with law.

The adjudication extinguishes the annuity charge for all amounts for which judgment was rendered as well as all charges and encumbrances on the immovable inferior to the annuity charge but does not extinguish the annuity charge for amounts thereafter becoming due under the contract.

Acts 2012, No. 258, §1, eff. Jan. 1, 2013.
La. Code Civ. Proc. art. 3091 — LA Code / Code code-of-civil-procedure / Article 3091
Petition for notice of application for appointment
Status: in_force

An interested person desiring to be notified of the filing of an application for appointment as administrator, at any time after the death of the deceased, may petition the court in which the succession has been opened, or may be opened, for such notice.

A petition for such notice shall comply with Article 3092, shall bear the number and caption of the succession proceeding, and shall be docketed and filed by the clerk in the record thereof.

When a petition for such notice has been filed within ten days of the death of the deceased, or prior to the application for appointment as administrator, the applicant for appointment shall serve the notice prayed for, as provided in Article 3093.
La. Ch. Code art. 769 — LA Code / Code childrens-code / Article 769
Adjudication by the court
Status: in_force

The adjudication hearing shall be held before the court without a jury.

Acts 1991, No. 235, §7.
La. Code Crim. Proc. art. 953 — LA Code / Code code-of-criminal-procedure / Article 953
Authority of indigent defender board in emergency sessions of court
Status: in_force

The district public defender, or regional director, where applicable, of the affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain the authority for the appointment of attorneys residing in either the parish or territorial jurisdiction of the affected court or in the host jurisdiction to represent indigent defendants in the host jurisdiction that would otherwise have been exercised in the affected court.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2007, No. 307, §10.
La. Civ. Code art. 1616 — LA Code / Code civil-code / Article 1616
Legacy to creditor
Status: in_force

A legacy to a creditor is not applied toward satisfaction of the debt unless the testator clearly so indicates.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 857 — LA Code / Code code-of-criminal-procedure / Article 857
Effect of granting new trial
Status: in_force

The effect of granting a new trial is to set aside the verdict or judgment and to permit retrial of the case with as little prejudice to either party as if it had never been tried.
La. Code Civ. Proc. art. 5059 — LA Code / Code code-of-civil-procedure / Article 5059
Computation of time
Status: in_force

A. In computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default from which the period begins to run is not included. The last day of the period is included, unless it is a legal holiday, in which event the period runs until the end of the next day that is not a legal holiday.

B. The "next day" as set forth in Paragraph A of this Article means the subsequent calendar day that is not a legal holiday following a legal holiday.

C. A half-holiday is considered a legal holiday. A legal holiday is included in the computation of a period of time allowed or prescribed, except when:

(1) It is expressly excluded.

(2) It would otherwise be the last day of the period.

(3) The period is less than seven days.

D.(1) A legal holiday shall be excluded in the computation of a period of time allowed or prescribed to seek rehearing, reconsideration, or judicial review or appeal of a decision or order by an agency in the executive branch of state government.

(2) Subparagraph (1) of this Paragraph shall not apply to the computation of a period of time allowed or prescribed to seek rehearing, reconsideration, or judicial review or appeal of a decision or order by the Department of Revenue, the Department of Environmental Quality, or the Department of Insurance relative to examination reports in R.S. 22:1983.

Acts 2018, No. 128, §1; Acts 2019, No. 300, §1; Acts 2025, No. 250, §3.
La. Code Civ. Proc. art. 5091.2 — LA Code / Code code-of-civil-procedure / Article 5091.2
Curator ad hoc in adoption cases
Status: in_force

In complying with the provisions of the Louisiana Children's Code Articles 1011, 1107, or 1190 and related statutes, the judge of the competent court is authorized to appoint an attorney who shall serve as curator ad hoc who will assist the court in complying with the statutory requirements for maintaining the confidentiality of termination, surrender, adoption, and related records and proceedings.

Added by Acts 1978, No. 450, §3; Acts 1997, No. 1056, §1.
La. Code Civ. Proc. art. 613 — LA Code / Code code-of-civil-procedure / Article 613
Procedure
Status: in_force

After commencement of a derivative action by or on behalf of parties alleged to be members of a class, the court, on its own motion, or on the motion of any party or on trial of any exception directed to such issue, shall determine whether the action may be properly maintained as a class action as a prerequisite to any further proceedings therein. If the court finds that the action should be maintained as a class action, it shall certify the action accordingly. If not, the court may permit amendment of the pleadings in the action to permit maintenance thereof as a proceeding on behalf of parties expressly named therein under Article 616.

Acts 1997, No. 839, §1, eff. July 1, 1997.
La. Civ. Code art. 2712 — LA Code / Code civil-code / Article 2712
Transfer of immovable subject to unrecorded lease
Status: in_force

A third person who acquires an immovable that is subject to an unrecorded lease is not bound by the lease.

In the absence of a contrary provision in the lease contract, the lessee has an action against the lessor for any loss the lessee sustained as a result of the transfer.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 709 — LA Code / Code civil-code / Article 709
Mandatary.
Status: in_force

A mandatary may establish a predial servitude if he has an express and special power to do so.

Acts 1977, No. 514, §1.
La. Civ. Code art. 768 — LA Code / Code civil-code / Article 768
Confusion; separate and community property.
Status: in_force

Confusion does not take place between separate property and community property of the spouses. Thus, if the servient estate belongs to one of the spouses and the dominant estate is acquired as a community asset, the servitude continues to exist.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 892.3 — LA Code / Code code-of-criminal-procedure / Article 892.3
Transfer of foreign nationals or citizens; treaty
Status: in_force

When a treaty is in effect between the United States and a foreign country providing for the transfer of a convicted offender who is a citizen or national of the foreign country to the foreign country or the transfer of a citizen of the United States convicted as an offender in the foreign country to the United States, the governor is authorized, subject to the terms of such treaty, to act on behalf of the state and to consent to the transfer of such convicted offenders under the provisions of Article IV, Section 5(A) of the Constitution of Louisiana.

Acts 1990, No. 514, §1, eff. July 18, 1990.
La. Code Civ. Proc. art. 4905 — LA Code / Code code-of-civil-procedure / Article 4905
Notice of judgment in parish or city courts
Status: in_force

Notice of the signing of a final judgment shall be given as required by Article 1913.

Acts 1986, No. 156, §1; Acts 2001, No. 512, §1.
La. Civ. Code art. 1917 — LA Code / Code civil-code / Article 1917
Rules applicable to all kinds of obligations
Status: in_force

The rules of this title are applicable also to obligations that arise from sources other than contract to the extent that those rules are compatible with the nature of those obligations.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1563 — LA Code / Code civil-code / Article 1563
Nonfulfillment of conditions or nonperformance of charges that donee can perform or prevent
Status: in_force

If a donation is made on a condition that the donee has the power to perform or prevent, or depends on the performance of a charge by the donee, the nonfulfillment of the condition or the nonperformance of the charge does not, of right, operate a dissolution of the donation. It may be dissolved only by consent of the parties or by judicial decree.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 3287 — LA Code / Code civil-code / Article 3287
Conventional mortgage
Status: in_force

A conventional mortgage may be established only by written contract. No special words are necessary to establish a conventional mortgage.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 611 — LA Code / Code code-of-civil-procedure / Article 611
Derivative actions; prerequisites
Status: in_force

A. When a corporation or unincorporated association refuses to enforce a right of the corporation or unincorporated association, a shareholder, partner, or member thereof may bring a derivative action to enforce the right on behalf of the corporation or unincorporated association. A derivative action may be maintained as a class action when the persons constituting the class are so numerous as to make it impracticable for all of them to join or be joined as parties. In the case of a derivative class action, Articles 594 and 595 shall apply.

B. If a derivative action is a "derivative proceeding" as defined in the Business Corporation Act, the action is exempt from the provisions of this Chapter other than this Subsection, and is subject instead to the provisions of the Business Corporation Act concerning derivative proceedings.

Acts 1997, No. 839, §1, eff. July 1, 1997; Acts 2014, No. 328, §4, eff. Jan. 1, 2015.
La. Civ. Code art. 2 — LA Code / Code civil-code / Article 2
Legislation
Status: in_force

Legislation is a solemn expression of legislative will.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
La. Code Crim. Proc. art. 405 — LA Code / Code code-of-criminal-procedure / Article 405
Notice of jury commission meetings
Status: in_force

A. Each member of the jury commission shall be notified in writing of the time and place designated for a meeting of the commission, at least twenty-four hours prior to the meeting.

B. The notice shall be issued by one of the members or the secretary of the jury commission in Orleans Parish, and by the clerk of court in all other parishes, and shall be served in the manner provided for service of subpoenas.

Acts 2013, No. 220, §26, eff. June 11, 2013.
La. Civ. Code art. 3297 — LA Code / Code civil-code / Article 3297
Restrictions upon recourse of mortgagee
Status: in_force

The mortgagee's recourse for the satisfaction of an obligation secured by a mortgage may be limited in whole or in part to the property over which the mortgage is established.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 725.4 — LA Code / Code childrens-code / Article 725.4
Duties of law enforcement
Status: in_force

The officer shall notify the Louisiana Victim Outreach of the Department of Public Safety and Corrections that the child may be eligible for special services and, as a mandatory reporter as required by Article 610, shall notify the Department of Children and Family Services that the child is in need of protective services.

Acts 2017, No. 376, §1; Acts 2024, No. 576, §3.
La. Civ. Code art. 2938 — LA Code / Code civil-code / Article 2938
Time of return
Status: in_force

The depositary is bound to return the thing deposited upon demand, even if the agreed term of the deposit has not expired, unless expressly provided otherwise in the contract of deposit.

A depositary may not return the thing deposited before the lapse of the agreed term unless unforeseen circumstances make it impossible for him to keep the thing safely and without prejudice to himself.

When no term is fixed, the depositary may return the thing deposited at any time.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Ch. Code art. 1032 — LA Code / Code childrens-code / Article 1032
Continuances
Status: in_force

Upon a showing of good cause and notice to the opposing party, the court may grant, deny, or restrict a requested continuance of the proceeding. The court shall avoid delays in resolving the status of the parent and in achieving permanency for the child.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1.
La. Code Crim. Proc. art. 732 — LA Code / Code code-of-criminal-procedure / Article 732
Subpoena duces tecum
Status: in_force

A subpoena may order a person to produce at the trial or hearing, books, papers, documents, or any other tangible things in his possession or under his control, if a reasonably accurate description thereof is given; but the court shall vacate or modify the subpoena if it is unreasonable or oppressive.
La. Ch. Code art. 1221 — LA Code / Code childrens-code / Article 1221
Persons who may petition for adoption
Status: in_force

A single person, eighteen years or older, or a married couple jointly may petition to privately adopt a child. When one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 3021 — LA Code / Code civil-code / Article 3021
Putative mandatary
Status: in_force

One who causes a third person to believe that another person is his mandatary is bound to the third person who in good faith contracts with the putative mandatary.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Crim. Proc. art. 419 — LA Code / Code code-of-criminal-procedure / Article 419
Challenge of venire not permitted except for fraud or irreparable injury or systematic exclusion based on race
Status: in_force

A. A general venire, grand jury venire, or petit jury venire shall not be set aside for any reason unless fraud has been practiced, some great wrong committed that would work irreparable injury to the defendant, or unless persons were systematically excluded from the venires solely upon the basis of race.

B. This article does not affect the right to challenge for cause, a juror who is not qualified to serve.

Acts 1987, No. 638, §1.
La. Ch. Code art. 1172 — LA Code / Code childrens-code / Article 1172
Certification for adoption; authority to conduct preplacement home study
Status: in_force

Any person qualified to adopt a child pursuant to Article 1221 may request a social worker acting in the employ of a licensed adoption agency, licensed clinical social worker, licensed professional counselor, licensed psychologist, medical psychologist, licensed psychiatrist, or licensed marriage and family therapist, to conduct a preplacement home study for the purpose of obtaining a certification for adoption.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1309, §9, eff. Jan. 1, 2000; Acts 2001, No. 486, §5, eff. June 21, 2001; Acts 2008, No. 583, §1; Acts 2009, No. 251, §13.
La. Code Crim. Proc. art. 924 — LA Code / Code code-of-criminal-procedure / Article 924
Definitions
Status: in_force

As used in this Title:

(1) "Application for post conviction relief" means a petition filed by a person in custody after sentence following conviction for the commission of an offense seeking to have the conviction and sentence set aside.

(2) "Custody" means detention or confinement, or probation or parole supervision, after sentence following conviction for the commission of an offense.

(3) "DNA testing" means any method of testing and comparing deoxyribonucleic acid that would be admissible under the Louisiana Code of Evidence.

(4) "Post conviction relief" means a procedure that allows an individual who has been convicted of a crime in this state to challenge the legality of his confinement. It is a form of post conviction habeas corpus and is a collateral action to test the detention of a criminal defendant after his sentence and conviction have become final.

(5) "Shell petition" means a petition that does not contain fully briefed claims for relief.

(6) "Unknown sample" means a biological sample from an unknown donor constituting evidence of the commission of an offense or tending to prove the identity of the perpetrator of an offense.

Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2001, No. 1020, §1; Acts 2025, No. 393, §1.
La. Code Civ. Proc. art. 2332 — LA Code / Code code-of-civil-procedure / Article 2332
Appraisal
Status: in_force

A. The property seized must be appraised according to law prior to the sale. However, when the property seized is subject to a mortgage, security agreement, or other document creating a privilege in which the debtor has waived the right to appraisal and the judgment recites that the right of the judgment creditor to enforce the judgment is limited to the collateral or security for the amount of such judgment, there shall be no requirement that the property seized be appraised prior to the sale. If a mortgage on immovable property contains a waiver of appraisal and is sought to be enforced under a writ of fieri facias and the plaintiff prays for a sale without appraisal, the sale shall be conducted without appraisal.

B. If the personal obligation is also secured by other mortgages or security interests not recognized in the judgment, the judicial sale of any property securing the personal obligation in accordance with Paragraph A shall not prevent the enforcement in rem of such other mortgages or security interests.

C. There is no requirement that collateral subject to a security interest under Chapter 9 of the Louisiana Commercial Laws be appraised prior to the sale.

Acts 1991, No. 377, §1, eff. Jan. 1, 1992; Acts 2001, No. 588, §1; Acts 2003, No. 1072, §1.
La. Civ. Code art. 696 — LA Code / Code civil-code / Article 696
Indemnity
Status: in_force

A. The owner of an enclosed estate having a right of passage is bound to indemnify the owner of the servient estate for any damage caused by the exercise of the right of passage.

B. The right to demand indemnity against the owner of the enclosed estate may become barred by prescription. The accrual of prescription has no effect on the right of passage.

Acts 1977, No. 514, §1; Acts 2025, No. 27, §1.