FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 1763 — LA Code / Code code-of-civil-procedure / Article 1763
Examination of juror
Status: in_force

A. The court shall examine prospective jurors as to their qualifications and may conduct such further examination as it deems appropriate.

B. The parties or their attorneys shall individually conduct such examination of prospective jurors as each party deems necessary, but the court may control the scope of the examination to be conducted by the parties or their attorneys.

Acts 1983, No. 534, §5; Acts 1990, No. 603, §1.
La. Ch. Code art. 1285.4 — LA Code / Code childrens-code / Article 1285.4
Service of process
Status: in_force

A copy of the petition for adoption of a Hague Convention adoptee together with all exhibits shall be served by registered or certified mail, return receipt requested, postage prepaid, and properly addressed to the department and on any agency having legal custody of the child.

Acts 2013, No. 86, §1.
La. Civ. Code art. 104 — LA Code / Code civil-code / Article 104
Reconciliation
Status: in_force

The cause of action for divorce is extinguished by the reconciliation of the parties.

Amended by Acts 1979, No. 677, §1; Acts 1980, No. 351, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.
La. Ch. Code art. 1467 — LA Code / Code childrens-code / Article 1467
Capacity required
Status: in_force

A. No admission may be deemed voluntary unless the admitting physician determines that the minor to be admitted has the capacity to make a knowing and voluntary consent to the admission.

B. Knowing and voluntary consent shall be determined by the ability of the minor to understand:

(1) That the treatment facility to which the minor patient is requesting admission is one for persons with mental illness or persons suffering from substance abuse.

(2) That he is making an application for admission.

(3) The nature of his status and the provisions governing discharge or conversion to an involuntary status.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
La. Code Civ. Proc. art. 1976 — LA Code / Code code-of-civil-procedure / Article 1976
Service of notice
Status: in_force

Notice of the motion for new trial and of the time and place assigned for hearing thereon must be served upon the opposing party as provided by Article 1314.
La. Code Civ. Proc. art. 3307 — LA Code / Code code-of-civil-procedure / Article 3307
Homologation; payment
Status: in_force

A. An opposition may be filed at any time before homologation, and shall be tried as a summary proceeding. If no opposition has been filed, the succession representative may have the tableau of distribution homologated and the court may grant the authority requested at any time after the expiration of seven days from the date of publication or from the date the notice required by Article 3306 is mailed, whichever is later.

B. If an opposition has been taken under advisement by the court after the trial thereof, notice of the signing of the judgment homologating the tableau of distribution, as originally submitted or as amended by the court, need be mailed by the clerk of court only to counsel for the opponent, or to the opponent if not represented by counsel.

C. After the delay for a suspensive appeal from the judgment of homologation has elapsed, the succession representative shall pay the debts approved by the court.

Amended by Acts 1961, No. 23, §1; Acts 1980, No. 280, §1; Acts 1989, No. 116, §1; Acts 1990, No. 65, §1, eff. June 27, 1990.
La. Code Civ. Proc. art. 4628 — LA Code / Code code-of-civil-procedure / Article 4628
Deposit of absentee's share into registry of court
Status: in_force

After deducting the portion of the court costs and expenses of the sale to be paid by the absentee, the fee awarded by the court to the attorney appointed to represent him, and any amount required by the judgment to be paid a co-owner, the absentee's share of the proceeds of the sale shall be deposited into the registry of the court for the account of the absentee, his succession representative or heirs. This deposit may be withdrawn only on order of the court, in accordance with the law regulating such deposits.
La. Civ. Code art. 679 — LA Code / Code civil-code / Article 679
Abandonment of common wall.
Status: in_force

The co-owner of a common wall may be relieved of the obligation to contribute to the cost of repairs by abandoning in writing his right to use it, if no construction of his is actually supported by the common wall.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1975 — LA Code / Code civil-code / Article 1975
Output or requirements
Status: in_force

The quantity of a contractual object may be determined by the output of one party or the requirements of the other.

In such a case, output or requirements must be measured in good faith.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 819 — LA Code / Code code-of-criminal-procedure / Article 819
Separate verdict for each count
Status: in_force

If there is more than one count in an indictment, the jury must find a verdict as to each count, unless it cannot agree on a verdict as to a count.
La. Code Civ. Proc. art. 1231 — LA Code / Code code-of-civil-procedure / Article 1231
Types of service; time of making
Status: in_force

Service of citation or other process may be either personal or domiciliary, and except as otherwise provided by law, each has the same effect.

Service, whether personal or domiciliary, may be made at any time of day or night, including Sundays and holidays.
La. Code Civ. Proc. art. 1035 — LA Code / Code code-of-civil-procedure / Article 1035
Answer
Status: in_force

The answer in an incidental action shall be filed within the delay allowed by Article 1001, and shall be subject to all of the rules set forth in Articles 1001 and 1003 through 1006.

Acts 2014, No. 655, §1.
La. Code Crim. Proc. art. 627 — LA Code / Code code-of-criminal-procedure / Article 627
Appeals
Status: in_force

If a change of venue is granted to the defendant over the objection of the state, or if the court denies an application by the state for a change of venue, the state shall have the right to appeal from the ruling, within the legal delays for making a motion for an appeal, before a trial on the merits. Prior to sentence the defendant may not appeal from a ruling changing or refusing to change the venue.
La. Civ. Code art. 2607 — LA Code / Code civil-code / Article 2607
Buyer may accept part of things delivered
Status: in_force

Out of a quantity of things delivered by the seller, the buyer may accept those things that conform to the contract and form a commercial unit and may reject those that do not conform. The buyer must pay at the contract rate for any things that are accepted.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Evid. art. 1003 — LA Code / Code code-of-evidence / Article 1003
Admissibility of duplicates
Status: in_force

A duplicate is admissible to the same extent as an original unless:

(1) A genuine question is raised as to the authenticity of the original;

(2) In the circumstances it would be unfair to admit the duplicate in lieu of the original; or

(3) The original is a testament offered for probate, a contract on which the claim or defense is based, or is otherwise closely related to a controlling issue.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989; Acts 2001, No. 941, §1; Acts 2003, No. 1135, §1, eff. July 1, 2003.
La. Ch. Code art. 1012 — LA Code / Code childrens-code / Article 1012
Authority of the court
Status: in_force

Upon reviewing a petition for disclosure, the court may deny it for lack of a proper showing of compelling necessity. Before granting a petition, the court may appoint a curator ad hoc and shall set the petition for a hearing.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Code Crim. Proc. art. 224 — LA Code / Code code-of-criminal-procedure / Article 224
Forcible entry in making arrest
Status: in_force

In order to make an arrest, a peace officer, who has announced his authority and purpose, may break open an outer or inner door or window of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, where the person to be arrested is or is reasonably believed to be, if he is refused or otherwise obstructed from admittance. The peace officer need not announce his authority and purpose when to do so would imperil the arrest.
La. Ch. Code art. 711 — LA Code / Code childrens-code / Article 711
Simultaneous hearings
Status: in_force

When appropriate, case review hearings and permanency hearings may be scheduled to be heard simultaneously, provided the record reflects that the appropriate findings and orders are made pursuant to this Chapter and Chapter 15 of this Title.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999.
La. Ch. Code art. 1307.4 — LA Code / Code childrens-code / Article 1307.4
Initiation by the Department of Children and Family Services of support proceeding under convention
Status: in_force

A. In a support proceeding under this Section, the Department of Children and Family Services, of this state shall:

(1) Transmit and receive applications; and

(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

B. The following support proceedings are available to an obligee under the Convention:

(1) Recognition or recognition and enforcement of a foreign support order;

(2) Enforcement of a support order issued or recognized in this state;

(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(4) Establishment of a support order if recognition of a foreign support order is refused under Article 1307.8(B)(2), (4), or (9);

(5) Modification of a support order of a tribunal of this state; and

(6) Modification of a support order of a tribunal of another state or a foreign country.

C. The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(2) Modification of a support order of a tribunal of this state; and

(3) Modification of a support order of a tribunal of another state or a foreign country.

D. A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Crim. Proc. art. 359 — LA Code / Code code-of-criminal-procedure / Article 359
Nonproduction of person confined; justification
Status: in_force

If the person in custody cannot for any reason be brought before the court, the reasons therefor shall be stated in the answer. If the court is satisfied with the reasons stated, the hearing may proceed without his presence. If the court is not satisfied with the reasons stated, it may require the immediate production of the person in custody.

Amended by Acts 1976, No. 448, §1; Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
La. Civ. Code art. 2367.3 — LA Code / Code civil-code / Article 2367.3
Satisfaction of separate obligation with separate property
Status: in_force

If a spouse uses separate property during the existence of the community property regime to satisfy the separate obligation of the other spouse, the spouse whose property was used is entitled to reimbursement for the amount or value the property had at the time it was used.

Acts 2009, No. 204, §1.
La. Civ. Code art. 550 — LA Code / Code civil-code / Article 550
Right to all fruits.
Status: in_force

The usufructuary is entitled to the fruits of the thing subject to usufruct according to the following articles.

Acts 1976, No. 103, §1.
La. Ch. Code art. 1307.5 — LA Code / Code childrens-code / Article 1307.5
Direct request
Status: in_force

A. A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

B. A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Articles 1307.6 through 1307.13 apply.

C. In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:

(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and

(2) An obligee or obligor that in the issuing country has benefitted from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.

D. A petitioner filing a direct request is not entitled to assistance from the Department of Children and Family Services.

E. This Section does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 2837 — LA Code / Code civil-code / Article 2837
Partnership in commendam; definition.
Status: in_force

A partnership in commendam consists of one or more general partners who have the powers, rights, and obligations of partners, and one or more partners in commendam, or limited partners, whose powers, rights, and obligations are defined in this Chapter.

Acts 1980, No. 150, §1.
La. Ch. Code art. 827 — LA Code / Code childrens-code / Article 827
Judgment of release from continued custody
Status: in_force

A. The court authorizing a child's release from continued custody shall issue an order containing bail provisions, if any, and a statement of conditions imposed upon the child. This order shall also set forth the date of the child's next court appearance.

B. The court shall advise the child and his parents, guardian, or legal custodian of the child's duty to appear as well as of any conditions specified in the order.

C. The child and his parent, guardian, or legal custodian shall sign the agreement of security and release and acknowledge the conditions of release imposed by the court.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 676 — LA Code / Code code-of-criminal-procedure / Article 676
Ad hoc judge to try cause when judge recused
Status: in_force

A. When a judge of a court having more than two judges recuses himself or is recused after a trial of the motion, the matter shall be randomly reassigned to another judge for trial of the cause in accordance with the procedures contained in Article 675.

B. When a judge of a court having two judges recuses himself or is recused after a trial of the motion, the cause shall be tried by the other judge of that court.

C. When the judge of a court having only one judge recuses himself or is recused after a trial of the motion, the supreme court shall appoint an ad hoc judge to try the cause.

D. The ad hoc judge has the same power and authority to dispose of the cause as the recused judge would have.

Amended by Acts 1972, No. 191, §1; Acts 2001, No. 417, §2; Acts 2022, No. 42, §1.
La. Code Civ. Proc. art. 1971 — LA Code / Code code-of-civil-procedure / Article 1971
Granting of new trial
Status: in_force

A new trial may be granted, upon contradictory motion of any party or by the court on its own motion, to all or any of the parties and on all or part of the issues, or for reargument only. If a new trial is granted as to less than all parties or issues, the judgment may be held in abeyance as to all parties and issues.
La. Code Crim. Proc. art. 32 — LA Code / Code code-of-criminal-procedure / Article 32
Forfeiture of peace bond
Status: in_force

When the magistrate determines that a breach of peace in violation of a peace bond has been committed, he shall order a forfeiture of the bond and send notice of the forfeiture by certified mail to the defendant and to his surety. If neither the defendant nor his surety appears within fifteen days to contest the forfeiture, the order shall become final and executory.
La. Civ. Code art. 1826 — LA Code / Code civil-code / Article 1826
Effects
Status: in_force

A. When subrogation results from a person's performance of the obligation of another, that obligation subsists in favor of the person who performed it who may avail himself of the action and security of the original obligee against the obligor, but is extinguished for the original obligee.

B. An original obligee who has been paid only in part may exercise his right for the balance of the debt in preference to the new obligee. This right shall not be waived or altered if the original obligation arose from injuries sustained or loss occasioned by the original obligee as a result of the negligence or intentional conduct of the original obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2001, No. 305, §1.
La. Civ. Code art. 273 — LA Code / Code civil-code / Article 273
Necessity for appointment.
Status: in_force

In every tutorship there shall be an undertutor.

Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.
La. Civ. Code art. 1883 — LA Code / Code civil-code / Article 1883
No effect when obligation is invalid
Status: in_force

Novation has no effect when the obligation it purports to extinguish does not exist or is absolutely null.

If the obligation is only relatively null, the novation is valid, provided the obligor of the new one knew of the defect of the extinguished obligation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 640 — LA Code / Code civil-code / Article 640
Content of the servitude.
Status: in_force

The right of use may confer only an advantage that may be established by a predial servitude.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 2297 — LA Code / Code code-of-civil-procedure / Article 2297
Alias fieri facias
Status: in_force

After a writ of fieri facias has been returned unsatisfied, another writ of fieri facias may be issued.
La. Code Civ. Proc. art. 5091.1 — LA Code / Code code-of-civil-procedure / Article 5091.1
Appointment of attorney in disavowal actions
Status: in_force

In any action to disavow paternity, the judge shall appoint an attorney to represent the child whose status is at issue, and the attorney so appointed shall not represent any other party in the litigation.

Added by Acts 1976, No. 430, §3.
La. Code Crim. Proc. art. 984 — LA Code / Code code-of-criminal-procedure / Article 984
Additional requirements for the expungement of records involving the operation of a vehicle while intoxicated; additional fee
Status: in_force

A. A person convicted of operating a vehicle while intoxicated shall be required to supplement the motions required in this Title with proof in the form of a certified letter from the Department of Public Safety and Corrections, office of motor vehicles, that the person has complied with the requirements of this Article. The certified letter shall be attached to the motion to expunge the record of arrest and conviction for operating a vehicle while intoxicated.

B. The court shall order the clerk of court to mail to the Department of Public Safety and Corrections, office of motor vehicles, all of the following as provided by the defendant:

(1) A certified copy of the record of the plea of guilty or nolo contendere.

(2) Fingerprints of the defendant.

(3) Proof that the defendant meets the requirements as set forth in Article 556 or 556.1 of this Code which shall include the defendant's date of birth, social security number, and driver's license number.

C. An additional fifty-dollar court cost shall be assessed at this time against the defendant and paid to the Department of Public Safety and Corrections, office of motor vehicles, for the costs of storage and retrieval of the records. The court cost provided by this Paragraph shall be submitted to the department regardless of whether the clerk of court is submitting this matter to the department pursuant to Paragraph B or D of this Article.

D. In lieu of forwarding the items listed in Paragraph B of this Article, the clerk of court may send a copy of the letter issued by the department pursuant to Subparagraph (B)(1) of Article 894 if the clerk had previously submitted records of the plea to the department pursuant to that Article.

Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.
La. Code Crim. Proc. art. 327 — LA Code / Code code-of-criminal-procedure / Article 327
Those who may not be sureties
Status: in_force

A person shall not be released on bail for which an attorney at law, a judge, or ministerial officer of a court becomes a surety or provides money or property for bail; but the invalidity of such bail shall not be a defense to an action to forfeit and enforce the bail.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1999, No. 1272, §1; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Civ. Code art. 3048 — LA Code / Code civil-code / Article 3048
Surety's right of subrogation
Status: in_force

The surety who pays the principal obligation is subrogated by operation of law to the rights of the creditor.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Code Evid. art. 104 — LA Code / Code code-of-evidence / Article 104
Preliminary questions
Status: in_force

NOTE: SEE C.E. ART. 1103.

A. Questions of admissibility generally. Preliminary questions concerning the competency or qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of Paragraph B. In making its determination it is not bound by the rules of evidence except those with respect to privileges.

B. Relevancy conditioned on fact. Subject to other provisions of this Code, when the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

C. Hearing of jury. Hearings on matters to be decided by the judge alone shall be conducted out of the hearing of the jury when the interests of justice require. Hearings on the admissibility of confessions or admissions by the accused or evidence allegedly unlawfully obtained shall in all cases be conducted out of the hearing of the jury, but when there has been a ruling prior to trial, it shall not be necessary to conduct another hearing as to admissibility before presentation of the evidence to a jury.

D. Weight and credibility. The preliminary determination by the court that evidence is admissible does not limit the right of a party to introduce evidence relevant to weight or credibility at the trial.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Civ. Proc. art. 3152 — LA Code / Code code-of-civil-procedure / Article 3152
Security of provisional administrator
Status: in_force

The person appointed provisional administrator shall furnish security for the faithful performance of his duties in an amount determined by the court as being adequate for the protection of the heirs, legatees, surviving spouse in community, and creditors of the succession.
La. Ch. Code art. 1306.12 — LA Code / Code childrens-code / Article 1306.12
Recognition of order modified in another state
Status: in_force

If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:

(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;

(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and

(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.