FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 1432 — LA Code / Code code-of-civil-procedure / Article 1432
Use of deposition
Status: in_force

A deposition to perpetuate testimony taken under Articles 1429 through 1431 may be used in any action involving the same subject matter subsequently brought in any court of this state, in accordance with the provisions of Article 1450.

Acts 1976, No. 574, §1.
La. Code Civ. Proc. art. 1435 — LA Code / Code code-of-civil-procedure / Article 1435
Deposition taken in another state, or in a territory, district, or foreign jurisdiction; exceptions; nonresident insurance claims adjusters
Status: in_force

A. If the witness whose deposition is to be taken is found in another state, or in a territory, district, or foreign jurisdiction, the law of the place where the deposition is to be taken shall govern the compulsory process to require the appearance and testimony of witnesses, but otherwise the provisions of this Chapter or of R.S. 13:3823 shall be applicable to such a deposition.

B.(1) Notwithstanding any other provision of law to the contrary, an insurance claims adjuster who is not a resident of Louisiana but who has made a physical appearance in the state in order to adjust an insurance claim which is the subject of a civil suit shall be required to appear in person in the parish or venue in which the civil suit is pending and to testify at the trial on the merits.

(2) A nonresident insurance claims adjuster subject to the provisions of Subparagraph (1) of this Paragraph shall be available for deposition via telephone or video teleconference. A deposition taken via telephone or video teleconference shall not be admissible as testimony at trial other than for the purpose of impeachment, or upon the showing of death or incapacity of the deponent.

(3) For purposes of this Article, "insurance claims adjuster" shall have the same meaning as "adjuster" as defined in R.S. 22:1661.

C. Paragraph B of this Article shall not apply to any insurance claims adjuster for an insurer domiciled in Louisiana.

Acts 1976, No. 574, §1; Acts 2022, No. 504, §1.
La. Ch. Code art. 1214 — LA Code / Code childrens-code / Article 1214
Permanency review
Status: in_force

A. If an interlocutory decree has not been rendered within six months of the filing of the petition and review hearings are not otherwise required under Titles X and XI, review hearings shall be held every ninety days until an interlocutory decree is rendered.

B. If a final decree has not been rendered within six months of the filing of the petition, or within six months of an interlocutory decree, if rendered, review hearings shall be held every ninety days until a final decree of adoption is rendered.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000.
La. Civ. Code art. 2442 — LA Code / Code civil-code / Article 2442
Recordation of sale of immovable to affect third persons
Status: in_force

The parties to an act of sale or promise of sale of immovable property are bound from the time that the act is made, but such an act is not effective against third persons until it is filed for registry according to the laws of registry.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995; Acts 2005, No. 169, §2, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2025, No. 488, §1.
La. Code Crim. Proc. art. 792 — LA Code / Code code-of-criminal-procedure / Article 792
Selection of foreman
Status: in_force

When the jury has retired, the jurors shall select a foreman who shall preside over their deliberations and sign the verdict.
La. Code Civ. Proc. art. 2251 — LA Code / Code code-of-civil-procedure / Article 2251
Execution only in trial court; appellate court judgment
Status: in_force

A judgment can be executed only by a trial court.

A party seeking to execute a judgment of an appellate court must first file a certified copy with the clerk of the trial court. This filing may be made without prior notice to the adverse party.
La. Code Civ. Proc. art. 4656 — LA Code / Code code-of-civil-procedure / Article 4656
Each defendant both plaintiff and defendant; no responsive pleadings to answer; no default required
Status: in_force

Each defendant in a concursus proceeding is considered as being both a plaintiff and a defendant with respect to all other parties. No exceptions or responsive pleadings may be filed to the answer of a defendant, and every fact alleged therein is considered as denied or avoided by effect of law as to all other parties. If a defendant fails to answer, issue need not be joined by default.
La. Code Crim. Proc. art. 957 — LA Code / Code code-of-criminal-procedure / Article 957
Bail during emergency sessions of court; selected offenses
Status: in_force

A. Notwithstanding any other provision of law to the contrary, an affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 may release a defendant on bail through an unsecured personal surety as authorized by Article 317, without proof of a security interest pursuant to the provisions of this Article.

B. The provisions of this Article shall not apply to any defendant who has been arrested for any of the following offenses:

(1) A crime of violence as defined in R.S. 14:2(B).

(2) A sex offense as defined in R.S. 15:541.

(3) A felony offense, an element of which includes the discharge, use, or possession of a firearm.

(4) A violation of R.S. 14:98, operating a vehicle while intoxicated, or a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, while impaired, or while under the influence of alcohol or any controlled dangerous substance.

C. The affected court may release a defendant on bail through a personal surety without proof of a security interest as required by Article 319 if all of the following conditions are met:

(1) The defendant was arrested for an offense which is not excluded by Paragraph B of this Article.

(2) The personal surety meets the requirements of Articles 315 and 318 for a secured personal surety.

(3) Proof of a security interest cannot be obtained due to emergency or disaster circumstances as provided for in Article 944.

(4) The court requires that the unsecured surety be converted to a commercial surety or secured personal surety as soon as proof of a security interest can be obtained, or within thirty days of issuance of the unsecured bail, whichever occurs earlier. If proof of a security interest cannot be obtained due to emergency or disaster circumstances, the court may extend the period to obtain proof of the security interest for additional thirty-day increments as determined to be necessary by the court.

D. The provisions of this Article shall not be construed to limit the constitutional right to bail or the inherent authority of the court to set bail.

Acts 2010, No. 141, §1.
La. Civ. Code art. 2577 — LA Code / Code civil-code / Article 2577
Ownership of improvements and augmentations pending redemption
Status: in_force

The buyer is entitled to all improvements he made on the thing that can be removed when the seller exercises the right of redemption. If such improvements cannot be removed, the buyer is entitled to the enhancement of the value of the thing resulting from the improvements. The buyer is also entitled to the enhancement of the value of the thing resulting from ungathered fruits and unharvested crops.

If the thing sold under right of redemption is naturally increased by accession, alluvion, or accretion before the redeeming seller exercises the right, the increase belongs to the seller.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 112 — LA Code / Code civil-code / Article 112
Determination of final periodic support
Status: in_force

A. When a spouse has not been at fault prior to the filing of a petition for divorce and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support in accordance with Paragraph B of this Article.

B. The court shall consider all relevant factors in determining the amount and duration of final support, including:

(1) The income and means of the parties, including the liquidity of such means.

(2) The financial obligations of the parties, including any interim allowance or final child support obligation.

(3) The earning capacity of the parties.

(4) The effect of custody of children upon a party's earning capacity.

(5) The time necessary for the claimant to acquire appropriate education, training, or employment.

(6) The health and age of the parties.

(7) The duration of the marriage.

(8) The tax consequences to either or both parties.

(9) The existence, effect, and duration of any act of domestic abuse committed by the other spouse upon the claimant or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of domestic violence.

C. When a spouse is awarded a judgment of divorce pursuant to Article 103(2), (3), (4), or (5), or when the court determines that a party or a child of one of the spouses was the victim of domestic abuse committed by the other party during the marriage, that spouse is presumed to be entitled to final periodic support.

D. The sum awarded under this Article shall not exceed one-third of the obligor's net income. Nevertheless, when support is awarded after a judgment of divorce is rendered pursuant to Article 103(4) or (5), or when the court determines that a party or a child of one of the spouses was the victim of domestic abuse committed by the other party during the marriage, the sum awarded may exceed one-third of the obligor's net income and may be awarded as a lump sum.

Amended by Acts 1916, No. 247; Acts 1928, No. 21; Acts 1934, 2nd Ex.Sess., No. 27; Acts 1964, No. 48; Acts 1979, No. 72, §1; Acts 1982, No. 293, §1; Acts 1986, No. 229, §1; Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2006, No. 749, §1, eff. June 30, 2006; Acts 2014, No. 316, §1; Acts 2014, No. 616, §1; Acts 2018, No. 265, §1.
La. Code Civ. Proc. art. 3953 — LA Code / Code code-of-civil-procedure / Article 3953
Nullity of judgment
Status: in_force

A judgment rendered in accordance with Civil Code Article 102 shall be an absolute nullity when:

(1) Less than the requisite period of time, in accordance with Article 103.1, has elapsed between service of the petition, or between execution of written waiver of service of the petition, and filing of the rule to show cause.

(2) Less than the requisite period of time, in accordance with Article 103.1, has elapsed between the date the parties commenced living separate and apart and filing of the rule to show cause.

(3) The requirements of this Title with respect to jurisdiction and venue have not been met.

Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1991, No. 367, §2; Acts 1995, No. 386, §2; Acts 2006, No. 743, §2, eff. Jan. 1, 2007.
La. Code Civ. Proc. art. 3002 — LA Code / Code code-of-civil-procedure / Article 3002
Same; petition for possession
Status: in_force

The petition of the heirs for possession under Article 3001 shall include allegations as to: the competency of the petitioners; the date of death of the deceased, and all other facts on which the jurisdiction of the court is based; the facts showing that petitioners are the sole heirs of the deceased; and that the succession is relatively free of debt, as provided in Article 3001.

The petition of the surviving spouse in community for possession under Article 3001 shall include all of the above allegations except those relating to heirship; shall allege the facts showing that he is the surviving spouse in community; shall state what property belonged to the community; and if he claims the usufruct of any interest in the community property, shall allege the fact showing that he is entitled thereto.

The allegations of the petition for possession shall be verified by the affidavit of at least one of the petitioners.

Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
La. Code Civ. Proc. art. 4903 — LA Code / Code code-of-civil-procedure / Article 4903
Delay for answering in parish and city courts
Status: in_force

The defendant shall answer within ten days of the service of citation, except that when the citation is served through the secretary of state, the delay, as to all defendants, shall be fifteen days after service.

Acts 1986, No. 156, §1.
La. Code Crim. Proc. art. 4 — LA Code / Code code-of-criminal-procedure / Article 4
Number; gender
Status: in_force

Unless the context clearly indicates otherwise:

(1) Words used in the singular number apply also to the plural; words used in the plural number include the singular; and

(2) Words used in one gender apply also to the other.
La. Code Civ. Proc. art. 3544 — LA Code / Code code-of-civil-procedure / Article 3544
Plaintiff's security
Status: in_force

The security required for the issuance of a writ of attachment shall be for the amount of the plaintiff's demand, exclusive of interest and costs. If the writ is obtained on the sole ground that the defendant is a nonresident, the security shall not exceed two hundred fifty dollars, but on proper showing the court may increase the security to any amount not exceeding the amount of the demand.
La. Ch. Code art. 1283.13 — LA Code / Code childrens-code / Article 1283.13
Petition for final decree following interlocutory decree
Status: in_force

A. The child shall have lived with the petitioner for at least one year and at least six months shall have elapsed after the granting of an interlocutory decree before the petitioner may file a petition for final decree of adoption.

B. The court shall set a time and place for the hearing of the petition for final decree. The petition for final decree need not be served upon anyone except the department.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Civ. Code art. 1382 — LA Code / Code civil-code / Article 1382
Partition compared to exchange.
Status: in_force

Partition is a sort of exchange, which the coheirs make among themselves, one giving up his right in the thing which he abandons for the right of the other in the thing he takes.
La. Civ. Code art. 2669 — LA Code / Code civil-code / Article 2669
Relation with other titles
Status: in_force

In all matters not provided for in this Title, the contract of lease is governed by the rules of the Titles of "Obligations in General" and "Conventional Obligations or Contracts".

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 2770 — LA Code / Code civil-code / Article 2770
Workmen employed by contractor, rights against owner.
Status: in_force

Masons, carpenters and other workmen, who have been employed in the construction of a building or other works, undertaken by the job, have their action against the proprietor of the house on which they have worked, only for the sum which may be due by him to the undertaker at the time their action is commenced.
La. Code Evid. art. 414 — LA Code / Code code-of-evidence / Article 414
Worker's compensation payments
Status: in_force

Evidence of the nature and extent of a worker's compensation claim or of payment of past or future worker's compensation benefits shall not be admissible to a jury, directly or indirectly, in any civil proceeding with respect to a claim for damages relative to the same injury for which the worker's compensation benefits are claimed or paid. Such evidence shall be admissible and presented to the judge only.

Acts 1990, No. 973, §2.
La. Ch. Code art. 837.4 — LA Code / Code childrens-code / Article 837.4
Two-year evaluation; hearing
Status: in_force

A. If, after two years of the initial contradictory hearing to determine the mental capacity of the child to proceed, the restoration service provider determines that the child has not attained the mental capacity to proceed, the provider shall evaluate the likelihood of the child to attain the mental capacity to proceed within one year. If unlikely, the court shall, within a reasonable time and after at least ten days notice to the district attorney, counsel for the child, the parents of the child, the child, the physical custodian of the child, and the restoration service provider, conduct a contradictory hearing to determine whether the child, in the one year following, will likely have the mental capacity to proceed and whether he is a danger to himself or others, or is gravely disabled.

B. After the hearing, if the child has not attained the mental capacity to proceed, and there is evidence that the child will not attain the mental capacity to proceed within a year, the court may either:

(1) Dismiss the petition in accordance with Article 876.

(2) Adjudicate the family of the child to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.

(3) Place the child in the custody of his parents or other suitable person or private or public institution or agency under such terms and conditions as deemed in the best interest of the child and the public, which conditions may include the provision of outpatient services by any suitable public or private agency.

C. If the court determines that the child, as a result of mental illness, is dangerous to himself or others or is gravely disabled and is incapable of proceeding and is unlikely in the foreseeable future to be capable of proceeding, the court may order commitment to a designated and medically suitable treatment facility. The court order shall constitute an order of civil commitment as provided in Title XIV. However, no child shall be discharged or conditionally discharged except upon court order after a motion and contradictory hearing.

Acts 2006, No. 266, §1.
La. Code Civ. Proc. art. 738 — LA Code / Code code-of-civil-procedure / Article 738
Unincorporated association; members
Status: in_force

An unincorporated association has the procedural capacity to be sued in its own name. The members of an unincorporated association may be sued jointly on an obligation of the association and the association may be joined as a defendant in such an action.
La. Code Civ. Proc. art. 4863 — LA Code / Code code-of-civil-procedure / Article 4863
Determination of recusal; appointment of judge ad hoc
Status: in_force

A. In a parish or city court having more than one judge, the motion to recuse shall be tried by another judge of the same court. The manner in which the judge is selected to try the recusal shall be provided by rule of court.

B. In all other cases, the motion shall be tried by an ad hoc judge appointed by the supreme court.

Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1.
La. Code Crim. Proc. art. 274 — LA Code / Code code-of-criminal-procedure / Article 274
Application for issuance of requisition
Status: in_force

When a district attorney desires the return to this state of a person wanted to be tried for a crime, he shall present to the governor a written application for a requisition for the return of the person charged. The application shall state the name of the person wanted, the crime with which he is charged, and the approximate time, place, and circumstances of its commission. It shall also specify the state in which he is believed to be and his probable location in that state at the time the application is made. The application shall recommend a peace officer or other person as agent to receive the accused. It shall certify that, in the opinion of the district attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
La. Code Crim. Proc. art. 591 — LA Code / Code code-of-criminal-procedure / Article 591
Double jeopardy; definition
Status: in_force

No person shall be twice put in jeopardy of life or liberty for the same offense, except, when on his own motion, a new trial has been granted or judgment has been arrested, or where there has been a mistrial legally ordered under the provisions of Article 775 or ordered with the express consent of the defendant.
La. Civ. Code art. 578 — LA Code / Code civil-code / Article 578
Ordinary and extraordinary repairs.
Status: in_force

Extraordinary repairs are those for the reconstruction of the whole or of a substantial part of the property subject to the usufruct. All others are ordinary repairs.

Acts 1976, No. 103, §1.
La. Civ. Code art. 2929 — LA Code / Code civil-code / Article 2929
Formation of the contract; delivery
Status: in_force

The formation of a contract of deposit requires, besides an agreement, the delivery of the thing to the depositary.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Civ. Code art. 1929 — LA Code / Code civil-code / Article 1929
Expiration of irrevocable offer for lack of acceptance
Status: in_force

An irrevocable offer expires if not accepted within the time prescribed in the preceding Article.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2700 — LA Code / Code civil-code / Article 2700
Warranty of peaceful possession
Status: in_force

The lessor warrants the lessee's peaceful possession of the leased thing against any disturbance caused by a person who asserts ownership, or right to possession of, or any other right in the thing.

In a residential lease, this warranty encompasses a disturbance caused by a person who, with the lessor's consent, has access to the thing or occupies adjacent property belonging to the lessor.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Crim. Proc. art. 208 — LA Code / Code code-of-criminal-procedure / Article 208
Summons; defined
Status: in_force

A summons is an order in writing, issued and signed by a magistrate or a peace officer in the name of the state, stating the offense charged and the name of the alleged offender, and commanding him to appear before the court designated in the summons at the time and place stated in the summons.
La. Code Crim. Proc. art. 972.1 — LA Code / Code code-of-criminal-procedure / Article 972.1
Expungement of records; local courts
Status: in_force

The following courts, throughout their several territorial jurisdictions, shall have authority to expunge records in accordance with this Title:

(1) District courts and their commissioners within their trial jurisdiction.

(2) City or parish courts within their trial jurisdiction.

(3) Mayor's courts and traffic courts within their trial jurisdiction.

(4) Juvenile and family courts within their trial jurisdiction.

(5) Municipal and traffic courts of New Orleans within their trial jurisdiction.

Acts 2023, No. 90, §1.
La. Civ. Code art. 2017 — LA Code / Code civil-code / Article 2017
Express dissolution clause
Status: in_force

The parties may expressly agree that the contract shall be dissolved for the failure to perform a particular obligation. In that case, the contract is deemed dissolved at the time it provides for or, in the absence of such a provision, at the time the obligee gives notice to the obligor that he avails himself of the dissolution clause.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 2163 — LA Code / Code code-of-civil-procedure / Article 2163
Peremptory exception filed in appellate court; remand if prescription or peremption pleaded
Status: in_force

A. The appellate court may consider a peremptory exception filed for the first time in that court if the exception is pleaded prior to a submission of the case for a decision and if proof of the ground of the exception appears of record.

B. If the ground for the peremptory exception pleaded in the appellate court is prescription or peremption, the plaintiff may demand that the case be remanded to the trial court for trial of the exception.

Acts 2024, No. 371, §1.