FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 3497 — LA Code / Code civil-code / Article 3497
Actions subject to a five year prescription
Status: in_force

The following actions are subject to a liberative prescription of five years:

An action for annulment of a testament;

An action for the reduction of an excessive donation;

An action for the rescission of a partition and warranty of portions; and

An action for damages for the harvesting of timber without the consent of the owner.

This prescription is suspended in favor of minors, during minority.

Acts 1983, No. 173, §1, eff. Jan. 1, 1984; Acts 2009, No. 107, §1.
La. Code Crim. Proc. art. 536 — LA Code / Code code-of-criminal-procedure / Article 536
Form and contents of motion to quash; place to file
Status: in_force

A motion to quash shall be in writing, signed by the defendant or his attorney, and filed in open court or in the office of the clerk of court. It shall specify distinctly the grounds on which it is based. The court shall hear no objection based on grounds not stated in the motion.
La. Civ. Code art. 1599 — LA Code / Code civil-code / Article 1599
Payment of legacies, preference of payment
Status: in_force

If the testator has not expressly declared a preference in the payment of legacies, the preference shall be governed by the following Articles.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 1917 — LA Code / Code code-of-civil-procedure / Article 1917
Findings of the court and reasons for judgment
Status: in_force

A. In all appealable contested cases, other than those tried by a jury, the court when requested to do so by a party shall give in writing its findings of fact and reasons for judgment, provided the request is made not later than ten days after the mailing of the notice of the signing of the judgment.

B. In nonjury cases to recover damages for injury, death, or loss, whether or not requested to do so by a party, the court shall make specific findings that shall include those matters to which reference is made in Paragraph C of Article 1812 of this Code. These findings need not include reasons for judgment.

Amended by Acts 1979, No. 431, §3, eff. Aug. 1, 1980; Acts 1980, No. 111, §1, eff. Aug. 1, 1980; Acts 1980, No. 112, §1, eff. June 26, 1980; Acts 2005, No. 205, §1, eff. Jan. 1, 2006.
La. Civ. Code art. 1607 — LA Code / Code civil-code / Article 1607
Revocation of entire testament by testator
Status: in_force

Revocation of an entire testament occurs when the testator does any of the following:

(1) Physically destroys the testament, or has it destroyed at his direction.

(2) So declares in one of the forms prescribed for testaments or in an authentic act.

(3) Identifies and clearly revokes the testament by a writing that is entirely written and signed by the testator in his own handwriting.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 785 — LA Code / Code code-of-criminal-procedure / Article 785
Tales jurors
Status: in_force

A. In a parish other than Orleans having more than one division of court, holding petit jury terms simultaneously, when a petit jury venire of one division is or is about to be exhausted before a trial jury is impaneled, the judge of that division, with the consent of the judge of a division that has not exhausted its petit jury venire, may order the petit jury venire of the latter division or such portion thereof not being used by the latter division, to report to his division to serve as tales jurors. The names of the petit jury veniremen so ordered to report shall be drawn as provided by Article 784 for examination as prospective trial jurors. Those who are impaneled as trial jurors shall serve as though regularly selected as tales jurors. Those who are not selected as trial jurors shall be ordered to report back to the division of court in which they were previously serving as petit jury veniremen.

B. In all other instances, except as provided in Article 409.1 of this code, when the petit jury venire is or is about to be exhausted before a trial jury is impaneled, the judge may order the secretary of the jury commission or the clerk of court to draw indiscriminately and by lot such number of tales jurors from the general venire box as in the opinion of the court may be necessary to complete the impaneling of the trial jury.

C. Immediately after the drawing of tales jurors, they shall be summoned to attend court at such time as the court may direct, and shall be subject to the same duties as petit jurors.

D. In parishes other than Orleans, the judge may order the summoning of tales jurors from among the bystanders or persons in or about the courthouse, in place of the drawing of tales jurors.

E. When called, tales jurors shall be selected for completion of the panel in accordance with Article 784.

Amended by Acts 1975, No. 406, §1; Acts 1975, No. 696, §1.
La. Civ. Code art. 764 — LA Code / Code civil-code / Article 764
Burden of proof of use.
Status: in_force

When the prescription of nonuse is pleaded, the owner of the dominant estate has the burden of proving that he or some other person has made use of the servitude as appertaining to his estate during the period of time required for the accrual of the prescription.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 3828 — LA Code / Code code-of-civil-procedure / Article 3828
Custody pendente lite
Status: in_force

If judgment cannot be rendered immediately, the court may award the custody to a proper person until rendition of the judgment.
La. Code Civ. Proc. art. 3331 — LA Code / Code code-of-civil-procedure / Article 3331
Time for filing account
Status: in_force

A succession representative shall file an account annually and at any other time when ordered by the court on its own motion or on the application of any interested person.
La. Civ. Code art. 2602 — LA Code / Code civil-code / Article 2602
Contract by conduct of the parties
Status: in_force

A contract of sale of movables may be established by conduct of both parties that recognizes the existence of that contract even though the communications exchanged by them do not suffice to form a contract. In such a case the contract consists of those terms on which the communications of the parties agree, together with any applicable provisions of the suppletive law.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 1493.1 — LA Code / Code civil-code / Article 1493.1
Children conceived through donation of gametes
Status: in_force

Any child conceived from the use of gametes donated by an individual shall not be deemed a forced heir of that individual, unless the individual would be an ascendant of first or second degree notwithstanding the donation of genetic material through an in vitro fertilization process.

Acts 2016, No. 495, §1.
La. Code Civ. Proc. art. 3156 — LA Code / Code code-of-civil-procedure / Article 3156
Maximum security of executor
Status: in_force

The executor cannot be compelled to furnish security, under the provisions of Articles 3153 through 3155, in an amount in excess of the maximum security required of the administrator under Article 3151.
La. Civ. Code art. 2465 — LA Code / Code civil-code / Article 2465
Price left to determination by third person
Status: in_force

The price may be left to the determination of a third person. If the parties fail to agree on or to appoint such a person, or if the one appointed is unable or unwilling to make a determination, the price may be determined by the court.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 27 — LA Code / Code code-of-criminal-procedure / Article 27
Application for peace bond; examination
Status: in_force

An applicant for a peace bond shall file an affidavit charging that the defendant has threatened or is about to commit a specified breach of the peace. The magistrate with whom the application is filed may examine under oath the complainant and any witnesses produced.
La. Code Crim. Proc. art. 22.1 — LA Code / Code code-of-criminal-procedure / Article 22.1
Direct contempt; fingerprinting and photographing; exceptions
Status: in_force

No person arrested or found guilty for the first offense of direct contempt of court either for failure to attend court as a member of a jury venire when proof of service of the summons appears on the record or for failure to comply with a subpoena to attend court to serve as a witness when proof of service of the subpoena appears on the record shall be subject to fingerprinting or have his photograph taken in any arrest or postsentence procedure.

Acts 1985, No. 937, §2.
La. Civ. Code art. 2757 — LA Code / Code civil-code / Article 2757
Agreement to furnish work or materials or both.
Status: in_force

A person, who undertakes to make a work, may agree, either to furnish his work and industry alone, or to furnish also the materials necessary for such a work.
La. Civ. Code art. 3501 — LA Code / Code civil-code / Article 3501
Prescription and revival of money judgments
Status: in_force

A money judgment rendered by a trial court of this state is prescribed by the lapse of ten years from its signing if no appeal has been taken, or, if an appeal has been taken, it is prescribed by the lapse of ten years from the time the judgment becomes final.

An action to enforce a money judgment rendered by a court of another state or a possession of the United States, or of a foreign country, is barred by the lapse of ten years from its rendition; but such a judgment is not enforceable in this state if it is prescribed, barred by the statute of limitations, or is otherwise unenforceable under the laws of the jurisdiction in which it was rendered.

Any party having an interest in a money judgment may have it revived before it prescribes, as provided in Article 2031 of the Code of Civil Procedure. A judgment so revived is subject to the prescription provided by the first paragraph of this Article. An interested party may have a money judgment rendered by a court of this state revived as often as he may desire.

Acts 1983, No. 173, §1, eff. Jan. 1, 1984.
La. Ch. Code art. 1264 — LA Code / Code childrens-code / Article 1264
Post-adoption visitation rights of grandparents
Status: in_force

Notwithstanding any provision of law to the contrary, the natural parents of a deceased parent whose child is thereafter adopted and the parents of a party who has forfeited the right to object to the adoption of the child pursuant to Article 1245 may have limited visitation rights to the adopted child.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2023, No. 16, §1; Acts 2024, No. 92, §1.
La. Civ. Code art. 3293 — LA Code / Code civil-code / Article 3293
Obligations for which mortgage may be established
Status: in_force

A conventional mortgage may be established to secure performance of any lawful obligation, even one for the performance of an act. The obligation may have a term and be subject to a condition.

Acts 1991, No. 652, §1, eff. Jan. 1, 1992.
La. Ch. Code art. 820 — LA Code / Code childrens-code / Article 820
Grounds for continued custody prior to adjudication
Status: in_force

At the continued custody hearing, the state shall prove that there is probable cause that the child has committed a delinquent act or has violated a condition of his probation or release.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Ch. Code art. 1248 — LA Code / Code childrens-code / Article 1248
Service; resident parent
Status: in_force

A. If a parent upon whom service is required under Article 1247 resides within this state, service shall be made either personally or by domiciliary service not less than thirty days prior to the commencement of the hearing on the petition.

B. If any social security numbers are contained in the petition or in any of the exhibits attached to the petition, they may be redacted from the copies being served.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2012, No. 603, §1.
La. Civ. Code art. 47 — LA Code / Code civil-code / Article 47
Curator of an absent person's property
Status: in_force

An absent person is one who has no representative in this state and whose whereabouts are not known and cannot be ascertained by diligent effort.

When an absent person owns property in this state, the court may, upon petition of any interested party and a showing of necessity, appoint a curator to manage the property of the absent person.

Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
La. Ch. Code art. 1454 — LA Code / Code childrens-code / Article 1454
Hearing to determine continued involuntary commitment
Status: in_force

A. The court may at any time upon application or upon its own motion order a new hearing to be held in order to determine whether the involuntary status of the minor patient should be continued.

B. Minor patients committed judicially shall have their cases reviewed in a hearing every one hundred twenty days.

C. The review hearing shall be conducted according to the procedures and standards set forth in this Chapter and may be held by the juvenile court in the parish in which the minor patient is being confined or, if not confined, by the juvenile court in the parish in which he resides or may be found. The hearing shall not be transferred to another district except for good cause shown.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 1997, No. 985, §2.
La. Code Civ. Proc. art. 5121 — LA Code / Code code-of-civil-procedure / Article 5121
Bond payable to clerk; cash bonds by plaintiffs authorized; person in interest may sue
Status: in_force

When a party to a judicial proceeding is required by law or order of court to furnish security, any bond so furnished shall be made payable to the clerk of the trial court in which the proceeding was brought. When the party required to furnish same is a plaintiff, a cash bond may be furnished in lieu of other security, at his option.

Any person in interest may sue thereon. No error, inaccuracy, or omission is naming the obligee on the bond is a defense to an action thereon.

Amended by Acts 1970, No. 492, §1.
La. Civ. Code art. 1251 — LA Code / Code civil-code / Article 1251
Methods of making collations.
Status: in_force

Collations are made in kind or by taking less.
La. Ch. Code art. 1273 — LA Code / Code childrens-code / Article 1273
Confidentiality
Status: in_force

Documents filed with the office of children and family services, pursuant to this Chapter, shall be confidential and shall not be available for inspection, except under the procedures set forth in this Chapter.

NOTE: Art. 1273 as amended by Acts 2025, No. 477, eff. October 1, 2027.

Art. 1273. Confidentiality

Documents filed with the office of child welfare, pursuant to this Chapter, shall be confidential and shall not be available for inspection, except under the procedures set forth in this Chapter.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2010, No. 266, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
La. Civ. Code art. 2802 — LA Code / Code civil-code / Article 2802
Applicability of rules of conventional obligations.
Status: in_force

The contract of partnership is governed by the provisions in the Title: Of Conventional Obligations, in all matters that are not otherwise provided for by this Title.

Acts 1980, No. 150, §1.
La. Ch. Code art. 1236 — LA Code / Code childrens-code / Article 1236
Interlocutory decree; review hearings
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. 468 — LA Code / Code civil-code / Article 468
Deimmobilization.
Status: in_force

Component parts of an immovable so damaged or deteriorated that they can no longer serve the use of lands or buildings are deimmobilized.

The owner may deimmobilize the component parts of an immovable by an act translative of ownership and delivery to acquirers in good faith.

In the absence of rights of third persons, the owner may deimmobilize things by detachment or removal.

Acts 1978, No. 728, §1. Amended by Acts 1979, No. 180, §2.
La. Code Civ. Proc. art. 4137 — LA Code / Code code-of-civil-procedure / Article 4137
Subordination of legal mortgage to conventional mortgage
Status: in_force

The legal mortgage provided in Article 4134 may be subordinated to a conventional mortgage or other security to be given on the property of the tutor, provided such subordination is authorized by the court after proof that such would be to the best interest of the minor and provided the concurrence of the undertutor is first obtained.

Added by Acts 1980, No. 389, §1.
La. Civ. Code art. 3117 — LA Code / Code civil-code / Article 3117
Nomination of umpire.
Status: in_force

The nomination of the umpire is either made by the parties themselves at the time of the submission, or left to the discretion of the arbitrators.
La. Civ. Code art. 178 — LA Code / Code civil-code / Article 178
Definition
Status: in_force

Filiation is the legal relationship between a child and his parent.

Acts 2009, No. 3, §1, eff. June 9, 2009.
La. Code Crim. Proc. art. 833 — LA Code / Code code-of-criminal-procedure / Article 833
Presence of defendant; misdemeanor prosecution
Status: in_force

A. The court may permit an unrepresented or pro se defendant charged with a misdemeanor to be arraigned, enter his plea of guilty, or be tried, in his absence.

B.(1) A plea of not guilty of a misdemeanor may be allowed to be entered through counsel of record.

(2) A plea of not guilty of a misdemeanor shall be allowed to be entered through counsel of record in the absence of the defendant by the filing of a sworn affidavit in advance of the scheduled arraignment date.

C. The sworn affidavit referenced in Subparagraph (B)(2) of this Article shall include the caption of the case and summons number, citation number or docket number as applicable, and state as follows:

AFFIDAVIT ACCEPTING SERVICE AND

WAIVER OF PRESENCE

BEFORE ME, the undersigned authority, did personally come and appear, ____________(CLIENT'S NAME), who after being duly sworn did depose and say:

1.

Affiant acknowledges that he is the defendant in the above captioned criminal matter; that he is aware of all charges pending against him in this matter and that he has retained the services of ____________ (ATTORNEY(S) or LAW FIRM) to represent him in these proceedings;

2.

Affiant is aware that he is scheduled to be in court on the ______ day of ______, 20__ at ___ o'clock and that he has the right to be present on that day but expressly wishes to waive this right and to have his legal counsel appear on his behalf;

3.

Affiant is aware that in his absence, additional court dates could be scheduled in these proceedings and he hereby appoints his above named legal counsel as his agent(s) to accept service of notice to appear for those dates on his behalf, that he accepts service of those dates through his counsel and that he expressly waives his appearance for those dates and authorizes his counsel to appear on his behalf;4.

Affiant understands that the court, in its sole discretion, may revoke its acceptance of this waiver and require that affiant personally appear in open court on subsequent court dates; that his counsel will also be notified; that a notice of appearance will be mailed to affiant at his address of record and that affiant's failure to appear at the subsequent court date could result in the issuance of an arrest warrant, a revocation of appearance bond and/or is punishable as contempt of court;

5.

Finally, Affiant acknowledges that his current address is: _______________(Street, Apt/Lot No, City, State and Zip Code); and authorizes the court to use this address for all notices, unless changed in writing by affiant.

____________________________________

Affiant

SWORN TO AND SUBSCRIBED BEFORE ME, notary, this ____ day of ______, 20__.

____________________________________

NOTARY PUBLIC

Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 1015, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §2; Acts 2021, No. 235, §1; Acts 2022, No. 446, §1.
La. Code Crim. Proc. art. 354 — LA Code / Code code-of-criminal-procedure / Article 354
Granting of writ; time and place for answer
Status: in_force

The court to which the application is presented shall immediately grant a writ of habeas corpus, unless it appears by the petition itself or by the documents annexed to it that the person in custody is not entitled to be set at liberty. The writ may issue at any time on any day, in term time or vacation, and shall fix the place and time for the answer, which shall be as early as practicable, and shall not exceed seventy-two hours from the time of the issuance of the writ.

Amended by Acts 1968, No. 139, §1; Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
La. Code Crim. Proc. art. 295 — LA Code / Code code-of-criminal-procedure / Article 295
Admissibility of transcripts in other proceedings
Status: in_force

A. The transcript of the testimony of a defendant who testified at the preliminary examination is admissible against him upon the trial of the case or, if relevant, in any subsequent judicial proceeding.

B. The transcript of testimony of any other witness who testified at the preliminary examination is admissible for any purpose in any subsequent proceeding in the case, on behalf of either party, if the court finds that the witness is dead, too ill to testify, cannot be found, or is otherwise unavailable for testimony, and that the absence of the witness was not procured by the party offering the testimony.

C. The transcript of testimony given by a person at a preliminary examination may be used by any party in a subsequent judicial proceeding for the purpose of impeaching or contradicting the testimony of such person as a witness.

Amended by Acts 1982, No. 554, §1.
La. Civ. Code art. 880 — LA Code / Code civil-code / Article 880
Intestate succession
Status: in_force

In the absence of valid testamentary disposition, the undisposed property of the deceased devolves by operation of law in favor of his descendants, ascendants, and collaterals, by blood or by adoption, and in favor of his spouse not judicially separated from him, in the order provided in and according to the following articles.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Code Evid. art. 602 — LA Code / Code code-of-evidence / Article 602
Lack of personal knowledge
Status: in_force

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that he has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the testimony of the witness himself. This Article is subject to the provisions of Article 703, relating to opinion testimony by expert witnesses.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.