FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 573.1 — LA Code / Code code-of-criminal-procedure / Article 573.1
Running of time limitations; exception; persons with infirmities
Status: in_force

A. The time limitations established by Article 572 shall not commence to run as to any crime wherein the victim is a person with infirmities until the crime is discovered by a competent victim, or in the case of an incompetent victim, by a law enforcement officer. This shall include but is not limited to the crimes of simple battery of persons with infirmities (R.S. 14:35.2), cruelty to persons with infirmities (R.S. 14:93.3), exploitation of persons with infirmities (R.S. 14:93.4), sexual battery of persons with infirmities (R.S. 14:93.5), and abuse of persons with infirmities through electronic means (R.S. 14:283.3).

B.(1) "Law enforcement officer" shall mean any employee of the state, a political subdivision, a municipality, a sheriff, or other public agency whose permanent duties include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and who is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state.

(2) "Person with infirmities" shall mean a person who suffers from a mental or physical disability, including those associated with advanced age, which renders the person incapable of adequately providing for his personal care. The term "person with infirmities" may include but is not limited to any individual who is an outpatient or resident of a nursing home, facility for persons with intellectual disabilities, mental health facility, hospital, or other residential facility, or a recipient of home or community-based care or services.

Acts 2010, No. 317, §1; Acts 2014, No. 811, §31, eff. June 23, 2014; Acts 2021, No. 72, §1.
La. Civ. Code art. 1419 — LA Code / Code civil-code / Article 1419
Rights of pursuit of creditor
Status: in_force

When there is an administration and a creditor asserts and establishes his claim after payment has been made to other creditors or distribution of the estate in whole or in part has been made to successors pursuant to a court order, the claim of the creditor must be satisfied in the following order: first, from the assets remaining under administration in the estate; next, from the successors to whom distribution has been made; and then from unsecured creditors who received payments, in proportion to the amounts received by them, but in this event the creditor may not recover more than his share.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 788 — LA Code / Code code-of-criminal-procedure / Article 788
Tendering jurors
Status: in_force

A. After the examination provided by Article 786, a prospective juror may be tendered first to the state, which shall accept or challenge him. If the state accepts the prospective juror, he shall be tendered to the defendant, who shall accept or challenge him. When a prospective juror is accepted by the state and the defendant, he shall be sworn immediately as a juror. This Article is subject to the provisions of Articles 795 and 796.

B. If the court does not require tendering of jurors, it shall by local rule provide for a system of simultaneous exercise of challenges.

Acts 1983, No. 603, §1.
La. Code Crim. Proc. art. 883.2 — LA Code / Code code-of-criminal-procedure / Article 883.2
Restitution to victim
Status: in_force

A. In all cases in which the court finds an actual pecuniary loss to a victim, or in any case where the court finds that costs have been incurred by the victim in connection with a criminal prosecution, the trial court shall order the defendant to provide restitution to the victim as a part of any sentence that the court shall impose.

B. Additionally, if the defendant agrees as a term of a plea agreement, the court shall order the defendant to provide restitution to other victims of the defendant's criminal conduct, although those persons are not the victim of the criminal charge to which the defendant pleads. Such restitution to other persons may be ordered pursuant to Article 895 or 895.1 of this Code or any other provision of law permitting or requiring restitution to victims.

C. The court shall order that all restitution payments be made by the defendant to the victim through the court's designated intermediary, and in no case shall the court order the defendant to deliver or send a restitution payment directly to a victim, unless the victim consents.

D. Notwithstanding any other provision of law to the contrary, if the defendant is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court may order a periodic payment plan pursuant to the provisions of Article 875.1.

Acts 1999, No. 783, §3, eff. Jan. 1, 2000; Acts 1999, No. 988, §1; Acts 2007, No. 22, §1; Acts 2010, No. 160, §1; Acts 2014, No. 180, §1; Acts 2017, No. 260, §1, eff. Aug. 1, 2018; Acts 2018, No. 137, §1, eff. Aug. 1, 2018; Acts 2018, No. 668, §4, eff. Aug. 1, 2018; Acts 2019, No. 253, §2; Acts 2021, No. 313, §3A, see Act.
La. Civ. Code art. 3366 — LA Code / Code civil-code / Article 3366
Cancellation upon written request; form and content
Status: in_force

A. The recorder of mortgages shall cancel, in whole or in part and in the manner prescribed by law, the recordation of a mortgage, pledge, or privilege upon receipt of a written request for cancellation in a form prescribed by law and that:

(1) Identifies the mortgage, pledge, or privilege by reference to the place in the records where it is recorded; and

(2) Is signed by the person requesting the cancellation.

B. The effect of recordation of the instrument ceases upon cancellation by the recorder pursuant to the provisions of this Article.

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. 950 — LA Code / Code civil-code / Article 950
Knowledge required of successor as prerequisite to acceptance or renunciation
Status: in_force

An acceptance or renunciation is valid only if the successor knows of the death of the person to be succeeded and knows that he has rights as a successor. It is not necessary that he know the extent of those rights or the nature of his relationship to the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 3111 — LA Code / Code civil-code / Article 3111
Oath of arbitrators.
Status: in_force

Before examining the difference to them submitted, the arbitrators ought to take an oath before a judge or justice of the peace, to render their award with integrity and impartiality in the cause which is laid before them.
La. Code Crim. Proc. art. 409.1 — LA Code / Code code-of-criminal-procedure / Article 409.1
Orleans parish central jury pool
Status: in_force

A. There is hereby created a central jury pool for the Criminal District Court for the Parish of Orleans which shall be administered by the Jury Commission of the Parish of Orleans as hereinafter provided.

B. In order to properly and adequately administer and operate the central jury pool for the Criminal District Court for the Parish of Orleans, the chairman of the Jury Commissioners for the Parish of Orleans shall designate two jury commissioners each month who shall be specifically charged with the responsibility for administering and operating the central jury pool. The chairman of the jury commissioners shall rotate the responsibility for the administration and operation of the central jury pool amongst the other four jury commissioners so that no jury commissioner shall be assigned to the central jury pool for more than six months out of every twelve months.

C. The Criminal District Court for the Parish of Orleans acting en banc shall by majority vote determine the number of jurors to serve in the central jury pool in any given month, the jury days for that month, and all other matters relative to the operating procedures of the central jury pool.

D. The jury commission shall select the number of jurors to serve in the central jury pool as hereinabove determined by the criminal district court acting en banc and by the method now prescribed by law.

E. The provisions of this Act shall be cumulative of and in addition to the method now prescribed by law for the selection of a jury panel for the Criminal District Court for the Parish of Orleans except that those provisions in conflict with this Act are hereby repealed and declared invalid insofar as they apply to the Criminal District Court for the Parish of Orleans.

Acts 1972, No. 41, §§1 to 5.
La. Civ. Code art. 54 — LA Code / Code civil-code / Article 54
Absent person; declaration of death
Status: in_force

One who has been an absent person for five years is presumed to be dead. If the absence commenced between August 26, 2005, and September 30, 2005, and was related to or caused by Hurricane Katrina or Rita, the absent person who is not currently charged with an offense that is defined as a felony under the laws of the state of Louisiana or the United States of America shall be presumed dead after the passage of two years. Upon petition by an interested party, the court shall render judgment declaring the death of the absent person and shall determine the date on which the absence commenced and the date of death.

Acts 1990, No. 989, §1, eff. Jan. 1, 1991; Acts 2006, No. 258, §1.
La. Ch. Code art. 831 — LA Code / Code childrens-code / Article 831
Review of bail orders
Status: in_force

A child refused bail, or as a remedy for excessive bail, may invoke the supervisory jurisdiction of the court of appeal.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 4136 — LA Code / Code code-of-civil-procedure / Article 4136
Substitution of one kind of security for another
Status: in_force

Any tutor who desires to give bond or security and thus release from an existing general or special mortgage the whole or a portion of the property covered thereby may do so with the approval of the court as provided in Article 4271, provided the bond or security tendered fully protects the minor.

Any of the securities enumerated in Articles 4132 and 4133 may be substituted at any time either in whole or in part for any other kind, at the option of the tutor, and with the approval of the court as provided in Article 4271, which shall enter the necessary orders to render the substitutions effective. If other security has been furnished instead of a general mortgage, the tutor may not revert to a general mortgage.

When a bond or security is substituted only in part for the general or special mortgage, the amount thereof may be proportionately smaller based on the value of the property to be released from mortgage.
La. Civ. Code art. 2315.8 — LA Code / Code civil-code / Article 2315.8
Liability for damages caused by domestic abuse
Status: in_force

A. In addition to general and special damages, exemplary damages may be awarded upon proof that the injuries on which the action is based were caused by a wanton and reckless disregard for the rights and safety of a family or household member, as defined in R.S. 46:2132, through acts of domestic abuse resulting in serious bodily injury or severe emotional and mental distress, regardless of whether the defendant was prosecuted for his or her acts.

B. Upon motion of the defendant or upon its own motion, if the court determines that an action seeking damages under this Article is frivolous or fraudulent, the court shall award costs of court, reasonable attorney fees, and any other related costs to the defendant and any other sanctions and relief requested pursuant to Code of Civil Procedure Article 863.

Acts 2014, No. 315, §1; Acts 2018, No. 264, §1.
La. Ch. Code art. 894 — LA Code / Code childrens-code / Article 894
Disposition after finding of insanity
Status: in_force

In cases in which a child has not been adjudicated a delinquent and has been found to be insane at the time of the offense, the court may take any of the following actions:

(1) Place the child in the custody of his parents or other suitable person under such terms and conditions as deemed in the best interests of the child and the public.

(2) Place the child on probation in the custody of his parents or other suitable person under such terms and conditions as deemed in the best interests of the child and the public.

(3) Commit the child to the Louisiana Department of Health, office of behavioral health or a private mental institution or an institution for persons with mental illness pursuant to Article 895 of this Chapter.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2009, No. 384, §5, eff. July 1, 2010; Acts 2014, No. 811, §33, eff. June 23, 2014.
La. Code Civ. Proc. art. 1266 — LA Code / Code code-of-civil-procedure / Article 1266
Limited liability company
Status: in_force

A. Service of citation or other process on a domestic or foreign limited liability company is made by personal service on any one of its agents for service of process.

B. If the limited liability company has failed to designate an agent for service of process, if there is no registered agent by reason of death, resignation, or removal, or if the person attempting to make service certifies that he is unable, after due diligence, to serve the designated agent, service of the citation or other process may be made by any of the following methods:

(1) Personal service on any manager if the management of the limited liability company is vested in one or more managers or if management is not so vested in managers, then on any member.

(2) Personal service on any employee of suitable age and discretion at any place where the business of the limited liability company is regularly conducted.

(3) Service of process under the provisions of R.S. 13:3204, if the limited liability company is subject to the provisions of R.S. 13:3201.

(4) Repealed by Acts 2001, No. 407, §2.

Acts 1999, No. 145, §1; Acts 2001, No. 407, §2.
La. Code Evid. art. 409 — LA Code / Code code-of-evidence / Article 409
Payment of medical and similar expenses
Status: in_force

In a civil case, evidence of furnishing or offering or promising to pay expenses or losses occasioned by an injury to person or damage to property is not admissible to prove liability for the injury or damage nor is it admissible to mitigate, reduce, or avoid liability therefor. This Article does not require the exclusion of such evidence when it is offered solely for another purpose, such as to enforce a contract for payment.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Ch. Code art. 717 — LA Code / Code childrens-code / Article 717
Notice of modification
Status: in_force

If a judgment of disposition is modified, a copy of the minute entry reflecting the modification shall be served upon the petitioner, the child, his parent, and any person, institution, or agency to whom custody of the child is assigned.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Ch. Code art. 1638 — LA Code / Code childrens-code / Article 1638
Severability and construction
Status: in_force

NOTE: Art. 1638 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. The provisions of this Chapter and the compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this Chapter and the compact shall be liberally construed to effectuate its purposes.

C. Nothing in this Chapter or the compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members.

Acts 2010, No. 893, §1.
La. Code Civ. Proc. art. 645 — LA Code / Code code-of-civil-procedure / Article 645
Pleading nonjoinder of a party
Status: in_force

The failure to join a party to an action may be pleaded in the peremptory exception, or may be noticed by the trial or appellate court on its own motion.

Acts 1995, No. 662, §1.
La. Code Civ. Proc. art. 4916 — LA Code / Code code-of-civil-procedure / Article 4916
Venue; justice of the peace courts
Status: in_force

The rules of venue provided in Articles 41 through 45 and in Articles 71 through 79 apply to suits brought in justice of the peace courts, except where these articles use the word "parish" it shall be construed to mean the territorial jurisdiction of the justice of the peace court.

Acts 1986, No. 156, §1; Acts 2012, No. 392, §1.
La. Ch. Code art. 1283.14 — LA Code / Code childrens-code / Article 1283.14
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 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 1999, No. 1268, §1; Acts 2014, No. 721, §1.
La. Civ. Code art. 2705 — LA Code / Code civil-code / Article 2705
Abatement of rent for unforeseen loss of crops
Status: in_force

In the absence of a contrary agreement, the agricultural lessee may not claim an abatement of the rent for the loss of his unharvested crops unless the loss was due to an unforeseeable and extraordinary event that destroyed at least one-half of the value of the crops. Any compensation that the lessee has received or may receive in connection with the loss, such as insurance proceeds or government subsidies, shall be taken into account in determining the amount of abatement.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Ch. Code art. 1190 — LA Code / Code childrens-code / Article 1190
Authority of the court
Status: in_force

A. Upon reviewing a motion for disclosure on grounds of either inheritance rights or medical necessity, the court may deny it for lack of a proper showing of compelling necessity. Before granting a motion, the court may appoint a curator ad hoc and shall set the motion for a hearing.

B. Written notice of the date, time, and place of any disclosure proceedings shall be served and a return made in the same manner as a petition on any custodian of records sought to be disclosed at least fifteen days prior to the hearing.

C. Upon a motion by an adopted person, or if a minor, his legal representative, seeking disclosure from the records of the court of nonidentifying medical or genetic information acquired from a physician, agency, or any other source, the court shall order the clerk to make the information available.

D.(1) The court shall grant a motion seeking nonidentifying medical or genetic information, a motion seeking information to verify a match of voluntary registration pursuant to Chapter 15 of this Title, or a motion seeking other information required by law to be disclosed.

(2) The court may appoint a curator ad hoc to open and review the adoption record and original birth certificate. The curator shall report his findings in accordance with Article 1191.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2003, No. 812, §1; Acts 2008, No. 583, §1.
La. Ch. Code art. 866 — LA Code / Code childrens-code / Article 866
Discovery
Status: in_force

Discovery shall be as provided in the Louisiana Code of Criminal Procedure.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 471 — LA Code / Code code-of-criminal-procedure / Article 471
Ownership
Status: in_force

Ownership, or the name of the owner of property, need not be alleged in the indictment, unless such ownership or name of the owner is essential to the offense.
La. Code Civ. Proc. art. 1314 — LA Code / Code code-of-civil-procedure / Article 1314
Same; service by sheriff
Status: in_force

A. A pleading which is required to be served, but which may not be served under Article 1313, shall be served by the sheriff by either of the following:

(1) Service on the adverse party in any manner permitted under Articles 1231 through 1266.

(2)(a) Personal service on the counsel of record of the adverse party or delivery of a copy of the pleading to the clerk of court, if there is no counsel of record and the address of the adverse party is not known.

(b) Except as otherwise provided in Article 2293, service may not be made on the counsel of record after a final judgment terminating or disposing of all issues litigated has been rendered, the delays for appeal have lapsed, and no timely appeal has been taken.

B. Personal service on a partner or office associate of a counsel of record, including a secretary, receptionist, legal staff, administrative staff, or paralegal in the employ of the counsel of record, at the office address of record of the counsel of record shall constitute valid service under Paragraph A of this Article.

Amended by Acts 1968, No. 125, §1; Acts 1997, No. 268, §1; Acts 1997, No. 1056, §1; Acts 1999, No. 1263, §1, eff. Jan. 1, 2000; Acts 2001, No. 512, §1; Acts 2012, No. 242, §1.
La. Civ. Code art. 808 — LA Code / Code civil-code / Article 808
Partition excluded
Status: in_force

Partition of a thing held in indivision is excluded when its use is indispensable for the enjoyment of another thing owned by one or more of the co-owners.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Ch. Code art. 960 — LA Code / Code childrens-code / Article 960
Traffic cases heard before juvenile traffic referee; appeal to court
Status: in_force

A. In cases of traffic violations, the child may appeal to the court from a judgment of the juvenile traffic referee. Such an appeal shall be filed within three days of the judgment of disposition.

B. On appeal, the case shall be tried de novo, and there shall be no further appeal.

Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
La. Ch. Code art. 1305.6 — LA Code / Code childrens-code / Article 1305.6
Contest by obligor
Status: in_force

A. An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Section 6, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.

B. The obligor shall give notice of the contest to:

(1) A support enforcement agency providing services to the obligee;

(2) Each employer that has directly received an income-withholding order relating to the obligor; and

(3) The person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.

Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Crim. Proc. art. 856 — LA Code / Code code-of-criminal-procedure / Article 856
Motion to urge all available grounds; exceptions
Status: in_force

A motion for a new trial shall urge all grounds known and available to the defendant at the time of the filing of the motion. However, the court may permit the defendant to supplement his original motion by urging an additional ground, or may permit the defendant to file an additional motion for a new trial, prior to the court's ruling on the motion.