FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 921 — LA Code / Code childrens-code / Article 921
Order of expungement and sealing; agency records
Status: in_force

A. An order for the expungement and sealing of juvenile records and reports shall be in the form provided in Article 925 and shall require that both of the following occur:

(1) Except as otherwise provided by law, all officials, agencies, institutions, boards, systems, and law enforcement offices, and their employees, agents, and consultants, expunge and seal all records and reports, in any form, and any other photographic, fingerprint, DNA, or any other information of any kind and all kinds or descriptions relating to the conduct or conditions referred to in the motion for expungement and sealing.

(2) All agencies and law enforcement offices file with the court an affidavit to the effect that such records and reports have been expunged and sealed and that no notation or references have been retained in any central depository which will or might lead to the inference that any record or report ever was on file with that agency or law enforcement office. A copy of the affidavit of expungement and sealing shall be retained by the court.

B. The order shall state that the expungement and sealing is to be effected no later than thirty days from the date of the order. The order shall also specify the limitations on information that may be maintained in accordance with this Article.

C. An order for expungement and sealing shall be served in the manner provided for service of the motion on both the district attorney and the head of each agency whose records or reports are to be expunged and sealed.

D. A copy of the order of expungement and sealing may be maintained by the custodian of records and reports of the agency or office. However, the custodian shall not disclose to anyone the fact that such order is maintained or that the expunged and sealed records or reports previously existed except upon written order of the court.

Acts 1997, No. 1127, §1, eff. July 14, 1997; Acts 2017, No. 362, §1.
La. Code Evid. art. 613 — LA Code / Code code-of-evidence / Article 613
Foundation for extrinsic attack on credibility
Status: in_force

Except as the interests of justice otherwise require, extrinsic evidence of bias, interest, or corruption, prior inconsistent statements, conviction of crime, or defects of capacity is admissible after the proponent has first fairly directed the witness' attention to the statement, act, or matter alleged, and the witness has been given the opportunity to admit the fact and has failed distinctly to do so.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 3496 — LA Code / Code civil-code / Article 3496
Action against attorney for return of papers
Status: in_force

An action by a client against an attorney for the return of papers delivered to him for purposes of a law suit is subject to a liberative prescription of three years. This prescription commences to run from the rendition of a final judgment in the law suit or the termination of the attorney-client relationship.

Acts 1983, No. 173, §1, eff. Jan. 1, 1984.
La. Civ. Code art. 2560 — LA Code / Code civil-code / Article 2560
Payment of the price before disturbance of possession
Status: in_force

A buyer who paid the price before being evicted of the thing may not demand that the seller return the price or give security for it.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 1824 — LA Code / Code civil-code / Article 1824
Defenses
Status: in_force

A person who, by agreement with the obligee, has assumed another's obligation may not raise against the obligee any defense based on the relationship between the assuming obligor and the original obligor.

The assuming obligor may raise any defense based on the relationship between the original obligor and obligee. He may not invoke compensation based on an obligation owed by the obligee to the original obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1793 — LA Code / Code code-of-civil-procedure / Article 1793
Instructions to jury; objections
Status: in_force

A. At the close of the evidence, or at such earlier time as the court reasonably directs, a party may file written requests that the court instruct the jury on the law as set forth in the requests.

B. The court shall inform the parties of its proposed action on the written requests and shall also inform the parties of the instructions it intends to give to the jury at the close of the evidence within a reasonable time prior to their arguments to the jury.

C. A party may not assign as error the giving or the failure to give an instruction unless he objects thereto either before the jury retires to consider its verdict or immediately after the jury retires, stating specifically the matter to which he objects and the grounds of his objection. If he objects prior to the time the jury retires, he shall be given an opportunity to make the objection out of the hearing of the jury.

D. The jury may take with it or have sent to it a written copy of all instructions and charges.

Acts 1983, No. 534, §7; Acts 1987, No. 699, §1; Acts 1997, No. 668, §1; Acts 2021, No. 259, §2.
La. Ch. Code art. 837.2 — LA Code / Code childrens-code / Article 837.2
Report of restoration service provider
Status: in_force

A. A restoration service provider shall submit a report to the court, the district attorney, and counsel representing the child ninety days after the initial contradictory hearing to determine the mental capacity of the child to proceed and every ninety days thereafter, as long as the child is receiving restoration services.

B. Each report shall include all of the following:

(1) The services provided to the child, including medication, education, and counseling.

(2) The likelihood that the mental capacity of the child to proceed will be restored in the foreseeable future.

(3) The progress of the child including his ability to:

(a) Understand and appreciate the delinquency allegations against him.

(b) Understand and appreciate the range and nature of possible adjudications and the range of dispositions that may be imposed.

(c) Comprehend his situation in relation to the proceedings.

(d) Make simple decisions in response to well-explained alternatives.

(e) Distinguish an admission from a denial and understand and appreciate the consequences of each.

(f) Understand and appreciate his legal rights.

(g) Understand and appreciate what defenses are available and maintain a consistent defense.

(h) Understand and appreciate the adversarial nature of the legal process, including the roles of the judge, defense counsel, and the district attorney.

(i) Disclose to counsel facts pertinent to the proceedings at issue and aid counsel in locating and examining relevant witnesses.

(j) Display appropriate courtroom behavior.

(k) Testify relevantly without his mental state deteriorating under the stress of trial.

(l) Listen to witness testimony and inform counsel of any distortions and misstatements.

C. If the child has been placed by the court in an out-of-home placement, the report shall also include an assessment of the danger the child poses to himself or others and an assessment of the appropriateness of the placement. In addition, the restoration service provider or agency with custody of the child shall also file a report which includes all components required in Paragraph B of this Article at any time the provider or agency determines that the child has attained the mental capacity to proceed or out-of-home placement is no longer appropriate.

D. Testimony from a restoration service provider and reports provided to the court regarding restoration services shall not include any statement of the child relating to the alleged offense, and no such statement may be used against the child in subsequent court proceedings.

Acts 2006, No. 266, §1.
La. Civ. Code art. 687 — LA Code / Code civil-code / Article 687
Trees, bushes, and plants on the boundary.
Status: in_force

Trees, bushes, and plants on the boundary are presumed to be common unless there be proof to the contrary.

An adjoining owner has the right to demand the removal of trees, bushes, or plants on the boundary that interfere with the enjoyment of his estate, but he must bear the expense of removal.

Acts 1977, No. 514, §1.
La. Civ. Code art. 461 — LA Code / Code civil-code / Article 461
Corporeals and incorporeals.
Status: in_force

Corporeals are things that have a body, whether animate or inanimate, and can be felt or touched.

Incorporeals are things that have no body, but are comprehended by the understanding, such as the rights of inheritance, servitudes, obligations, and right of intellectual property.

Acts 1978, No. 728, §1.
La. Ch. Code art. 868 — LA Code / Code childrens-code / Article 868
Medical treatment of children; costs
Status: in_force

A. On its own motion, or on the motion of the child or the district attorney, the court may order the parent of a child concerning whom a petition has been filed to provide necessary medical or surgical care.

B. If the parent fails to provide such care, the court may, after due notice to the parent, order the care and order the parent to pay all or part of the expense.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 2028 — LA Code / Code civil-code / Article 2028
Effects as to third persons
Status: in_force

Any simulation, either absolute or relative, may have effects as to third persons.

Counterletters can have no effects against third persons in good faith. Nevertheless, if the counterletter involves immovable property, the principles of recordation apply with respect to third persons.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2012, No. 277, §1.
La. Civ. Code art. 3354 — LA Code / Code civil-code / Article 3354
Applicability
Status: in_force

The provisions of this Chapter apply only to the mortgages and privileges encumbering immovables and to pledges of the lessor's rights in the lease of an immovable and its rents.

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. Ch. Code art. 841 — LA Code / Code childrens-code / Article 841
Effect of agreement
Status: in_force

A. An informal adjustment agreement shall not be considered an adjudication. Evidence of the existence of an agreement shall not be used against the child over objection in any adjudication hearing or criminal trial. That evidence may be used in a disposition hearing in the juvenile court or for the purpose of a presentence investigation after a criminal conviction.

B. An informal adjustment agreement suspends the proceedings on the delinquent acts charged in the complaint or petition. If any of the terms of the agreement are violated, the case may proceed to an adjudication hearing on the charges. If the child satisfies the terms of the agreement, he shall be discharged from further supervision, and the pending complaint or petition shall be dismissed with prejudice.

C. Any incriminating statement made by the child to the person giving counsel or advice and in the discussions or conferences incident to the informal adjustment agreement shall not be used against the child, over objection, in an adjudication hearing or criminal trial. The incriminating statement may be used in a disposition hearing in the court or for the purpose of a presentence investigation after a criminal conviction.

D. If any medical, mental health, sensory, or special competency evaluation is performed during the period of an informal adjustment agreement, the report shall not include any incriminating statement made by the child. The examination shall not occur until five days after the clerk of court has given notice to all parties of the examination order. Any incriminating statement made by the child to the evaluator, which would violate the child's privilege against self-incrimination, shall not be used against him in any future court proceedings, adjudication hearing, or later criminal trial.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2001, No. 567, §1; Acts 2010, No. 594, §1.
La. Code Crim. Proc. art. 573.3 — LA Code / Code code-of-criminal-procedure / Article 573.3
Running of time limitations; exception; crimes against the Firefighters' Retirement System
Status: in_force

The time limitations established by this Chapter shall not commence to run as to a crime described in R.S. 11:2261.1(C) and committed against the Firefighters' Retirement System until the crime is discovered by the Firefighters' Retirement System.

Acts 2018, No. 115, §2.
La. Civ. Code art. 964 — LA Code / Code civil-code / Article 964
Accretion upon renunciation in intestate successions
Status: in_force

The rights of an intestate successor who renounces accrete to those persons who would have succeeded to them if the successor had predeceased the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Ch. Code art. 951 — LA Code / Code childrens-code / Article 951
Purpose
Status: in_force

The purpose of this Title is to facilitate and expedite proceedings involving minor traffic offenses. The intent of this Title is to recognize both the state's strong interest in protecting the public safety through the imposition of reasonable regulations on the operation of motor vehicles and the due process rights of children accused of traffic violations.

Acts 1991, No. 235, §9, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3743 — LA Code / Code code-of-civil-procedure / Article 3743
Rights of third possessor
Status: in_force

When property subject to a legal or a judicial mortgage is seized to enforce the mortgage, or is about to be seized for this purpose, and the property is no longer owned by the original debtor, the third possessor has the following rights:

(1) To arrest the seizure, or threatened seizure, and consequent judicial sale of the property by injunction on the grounds that the mortgage was not recorded, that the inscription of its recordation had perempted, or that the debt secured by the mortgage is prescribed or extinguished, or to plead discussion as provided in Articles 5154 and 5155; and

(2) All of the rights granted a third possessor under Article 2703(1) and (3).
La. Code Civ. Proc. art. 2752 — LA Code / Code code-of-civil-procedure / Article 2752
Injunction procedure
Status: in_force

A. The petition for injunction shall be filed in the court where the executory proceeding is pending, either in the executory proceeding or in a separate suit. The injunction proceeding to arrest a seizure and sale shall be governed by the provisions of Articles 3601 through 3609 and 3612, except as provided in Article 2753. However, a temporary restraining order shall not issue to arrest the seizure and sale of immovable property, but the defendant may apply for a preliminary injunction in accordance with Article 3602. In the event the defendant does apply for a preliminary injunction the hearing for such shall be held before the sale of the property.

B. If the court finds that the temporary restraining order or preliminary injunction was wrongfully issued, the court, unless the proceedings are stayed, in addition to the damages authorized under Article 3608, may allow the sheriff to proceed with the sale by virtue of the prior advertisement, if not expired.

Acts 1987, No. 139, §1; Acts 1988, No. 812, §1.
La. Ch. Code art. 1279.2 — LA Code / Code childrens-code / Article 1279.2
Legislative findings
Status: in_force

The legislature finds:

1. It is in the best interest of a foster child who is adoption-eligible to be placed in a permanent adoptive family as soon as practicable.

2. The state has an interest in decreasing the delays in finalizing adoptions in order to facilitate permanent adoption and family cohesion.

Acts 2013, No. 66, §1, eff. May 31, 2013.
La. Civ. Code art. 1968 — LA Code / Code civil-code / Article 1968
Unlawful cause
Status: in_force

The cause of an obligation is unlawful when the enforcement of the obligation would produce a result prohibited by law or against public policy.

Examples of obligations with unlawful causes include those that arise from gaming, gambling, and wagering not authorized by law.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2019, No. 106, §1.
La. Civ. Code art. 1796 — LA Code / Code civil-code / Article 1796
Solidarity not presumed
Status: in_force

Solidarity of obligation shall not be presumed. A solidary obligation arises from a clear expression of the parties' intent or from the law.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 621 — LA Code / Code childrens-code / Article 621
Taking child into custody without a court order
Status: in_force

A. A peace officer or probation officer of the court may take a child into custody without a court order if there are reasonable grounds to believe that the child's surroundings are such as to endanger the child's health, welfare, and safety and immediate removal appears to be necessary. The peace officer shall have the responsibility to promptly notify and release the child to the department.

B. Employees of the department shall secure an instanter order before taking a child into custody.

C. The department may release the child or secure an instanter order.

D. The department shall promptly notify the parents or caretaker of the nature of the allegations and, if the child is not released, of the time and place of the continued custody hearing.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2006, No. 278, §1; Acts 2022, No. 272, §1.
La. Code Crim. Proc. art. 335 — LA Code / Code code-of-criminal-procedure / Article 335
Rule to show cause; bond forfeiture
Status: in_force

If the defendant fails to make an appearance and has not been surrendered or constructively surrendered within one hundred eighty days of the execution of the certificate that notice of warrant for arrest was sent, the prosecuting attorney may file a rule to show cause requesting that a bond forfeiture judgment be rendered. The rule to show cause shall be mailed to the defendant and served on all other parties against whom a judgment is sought. The rule to show cause shall be set for a contradictory hearing. The time period for filing a rule to show cause to obtain a judgment of bond forfeiture shall be within five years after the notice of warrant for arrest is sent.

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §1, eff. Jan. 1, 2017; Acts 2024, No. 221, §1.
La. Ch. Code art. 791.2 — LA Code / Code childrens-code / Article 791.2
Parish involvement
Status: in_force

Duly authorized representatives of the school board; law enforcement including the sheriffs' offices and city and municipal police offices; courts exercising jurisdiction over juveniles and their parents and guardians; and offices of the district attorney, corrections and designated service providers shall sign interagency agreements specific to each parish which represents a commitment by each entity to agree to provide the following types of services:

(1) School boards and their systems in general will assist child welfare and attendance officers in creating student background data, including attendance records, unexcused absences, conduct violations, discipline records, report cards, and transcripts as permitted by law. School systems will also provide access to all school-based education, counseling, and related services.

(2) Law enforcement agencies in a parish, including the sheriff and municipal and local police, generally will provide selective transportation of youth to the centers and in-kind service identification of truants through regular law enforcement operations and provide for a presence at a center.

(3) Families in need of services personnel will work in partnership with the child welfare and attendance officers to monitor client progress, file all petitions in the cases of noncompliance of the plan for court appearance, and coordinate other services.

(4) Courts having jurisdiction over juveniles and their families will work with collaborating agencies to identify youth and monitor treatment plan progress and, to the degree possible, assist the center in obtaining and utilizing a continuum of services and sanctions for identified youth. The courts in conjunction with the district attorneys will direct formal court action on noncompliance cases and integrate the needs of truant youth with existing drug treatment court programs.

(5) Through multiagency collaborative efforts between various community service organization services, there will be a unified effort to provide services related to child abuse and neglect to identified youth. Service and treatment plans will be developed, including mental health evaluation and treatment; with parental substance abuse evaluation and treatment, educational evaluation, probation services, and alternative school placement and guidance. 1

(6) The various offices of the district attorneys will designate prosecutors to work with the district and juvenile courts to develop and implement a coordinated effort to deal with truants and their families early in their court involvement and assist with data follow-up and outcome evaluation. Additionally, the offices of the district attorneys, if necessary, will institute charges that may be levied against the family when they are noncompliant with the service plan.

Acts 1999, No. 1372, §1; Acts 2001, No. 745, §1; Acts 2007, No. 169, §1, eff. June 27, 2007.

1 As appears in enrolled bill.
La. Civ. Code art. 3429 — LA Code / Code civil-code / Article 3429
Exercise of possession by another
Status: in_force

Possession may be exercised by the possessor or by another who holds the thing for him and in his name. Thus, a lessor possesses through his lessee.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 2588 — LA Code / Code civil-code / Article 2588
Encumbrances created by buyer
Status: in_force

The seller who exercises the right of redemption is entitled to recover the thing free of any encumbrances placed upon it by the buyer. Nevertheless, when the thing is an immovable, the interests of third persons are governed by the laws of registry.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 2324.1 — LA Code / Code civil-code / Article 2324.1
Damages; discretion of judge or jury
Status: in_force

In the assessment of damages in cases of offenses, quasi offenses, and quasi contracts, much discretion must be left to the judge or jury.

Acts 1984, No. 331, §3, eff. Jan. 1, 1985.
La. Ch. Code art. 884 — LA Code / Code childrens-code / Article 884
Adjudication order
Status: in_force

A. Following the adjudication hearing, the court shall immediately declare whether the evidence warrants an adjudication that the child is delinquent. In exceptional circumstances, the court may take the matter under advisement.

B. If the evidence demonstrates that the child's family is in need of services, the court may adjudicate the child's family to be in need of services and proceed to a disposition in accordance with Chapters 10 and 12 of Title VII.

C. If the court finds that the evidence does not warrant any requested or authorized adjudication, it shall dismiss the petition.

D. In addition to any other use provided for in this Code, a prior adjudication order of delinquency, whether felony grade or misdemeanor grade, may be used as a predicate offense for enhancement purposes in future juvenile delinquency proceedings only.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1999, No. 1317, §4; Acts 2004, No. 321, §1; Acts 2011, No. 321, §1.
La. Code Crim. Proc. art. 344 — LA Code / Code code-of-criminal-procedure / Article 344
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1995, No. 927, §1; Acts 2006, No. 246, §1; Acts 2010, No. 914, §1; Acts 2012, No. 771, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.