FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 1092 — LA Code / Code code-of-civil-procedure / Article 1092
Third person asserting ownership of, or mortgage or privilege on, seized property
Status: in_force

A third person claiming ownership of, or a mortgage or privilege on, property seized may assert his claim by intervention. If the third person asserts ownership of the seized property, the intervention may be filed at any time prior to the judicial sale of the seized property, and the court may grant him injunctive relief to prevent such sale before an adjudication of his claim of ownership.

If the third person claims a mortgage or privilege on the entire property seized, whether superior or inferior to that of the seizing creditor, the intervention may be filed at any time prior to the distribution by the sheriff of the proceeds of the sale of the seized property, and the court shall order the sheriff to hold such proceeds subject to its further orders. When the intervener claims such a mortgage or privilege only on part of the property seized, and the intervention is filed prior to the judicial sale, the court may order the separate sale of the property on which the intervener claims a mortgage or privilege; or if a separate sale thereof is not feasible or necessary, or the intervener has no right thereto, the court may order the separate appraisement of the entire property seized and of the part thereof on which the intervener claims a mortgage or privilege.

An intervener claiming the proceeds of a judicial sale does not thereby admit judicially the validity, nor is he estopped from asserting the invalidity, of the claim of the seizing creditor.

Amended by Acts 1962, No. 92, §1.
La. Ch. Code art. 686 — LA Code / Code childrens-code / Article 686
Duration of disposition
Status: in_force

A judgment of disposition shall remain in force only until a child reaches his eighteenth birthday. It may expire earlier by its own terms, if it is modified, or if it is vacated.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 3434 — LA Code / Code civil-code / Article 3434
Loss of the right to possess
Status: in_force

The right to possess is lost upon abandonment of possession. In case of eviction, the right to possess is lost if the possessor does not recover possession within a year of the eviction.

When the right to possess is lost, possession is interrupted.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Crim. Proc. art. 486 — LA Code / Code code-of-criminal-procedure / Article 486
Repugnancy; surplusage
Status: in_force

An indictment that charges an offense in accordance with the provisions of this Title shall not be invalid or insufficient because it contains repugnant allegations. Unnecessary allegations may be disregarded as surplusage.
La. Civ. Code art. 1887 — LA Code / Code civil-code / Article 1887
Discharge of any prior obligor does not affect security
Status: in_force

If the new obligor has assumed the obligation and acquired the thing given as security, the discharge of any prior obligor by the obligee does not affect the security or its rank.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2814 — LA Code / Code civil-code / Article 2814
Partner as mandatary of the partnership
Status: in_force

A partner is a mandatary of the partnership for all matters in the ordinary course of its business other than the alienation, lease, or encumbrance of its immovables. A provision that a partner is not a mandatary does not affect third persons who in good faith transact business with the partner. Except as provided in the articles of partnership, any person authorized to execute a mortgage or security agreement on behalf of a partnership shall, for purposes of executory process, have authority to execute a confession of judgment in the act of mortgage or security agreement without execution of the articles of partnership by authentic act.

Acts 1980, No. 150, §1. Amended by Acts 1981, No. 888, §1; Acts 1989, No. 137, §16, eff. Sept. 1, 1989.
La. Ch. Code art. 789 — LA Code / Code childrens-code / Article 789
Modification of judgment of disposition
Status: in_force

A judgment of disposition may be modified if the court finds that the conditions and circumstances justify the modification.

Acts 1991, No. 235, §7.
La. Civ. Code art. 3341 — LA Code / Code civil-code / Article 3341
Limits on the effect of recordation
Status: in_force

The recordation of an instrument:

(1) Does not create a presumption that the instrument is valid or genuine.

(2) Does not create a presumption as to the capacity or status of the parties.

(3) Has no effect unless the law expressly provides for its recordation.

(4) Is effective only with respect to immovables located in the parish where the instrument is recorded.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005.

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. 3483 — LA Code / Code civil-code / Article 3483
Just title
Status: in_force

A just title is a juridical act, such as a sale, exchange, or donation, sufficient to transfer ownership or another real right. The act must be written, valid in form, and filed for registry in the conveyance records of the parish in which the immovable is situated.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Evid. art. 412.3 — LA Code / Code code-of-evidence / Article 412.3
Statements made by victims of trafficking during investigations
Status: in_force

If a victim of human trafficking or trafficking of children for sexual purposes is also a defendant in any case arising from unlawful acts committed as part of the same trafficking activity, any inculpatory statement made by the victim as a result of questioning by any person then known by the victim to be a law enforcement officer is inadmissible against the victim, except pursuant to Article 801 of this Code or in any prosecution of the victim for perjury, at a trial of the victim for the unlawful acts committed by the victim as part of the same trafficking activity if all of the following conditions exist:

(1) The victim cooperates with the investigation and prosecution, including the giving of a use-immunity statement as directed by the prosecuting attorney.

(2) The victim testifies truthfully at any hearing or trial related to the trafficking activity, or agrees, either in writing or on the record, to testify truthfully at any hearing or trial related to the trafficking activity in any prosecution of any other person charged with an offense arising from the same trafficking activity, regardless of whether the testimony is unnecessary due to entry of a plea by the other person.

(3) The victim has agreed in writing to receive services or participate in a program that provides services to victims of human trafficking or trafficking of children for sexual purposes, if such services are available.

Acts 2014, No. 564, §5.
La. Civ. Code art. 2317 — LA Code / Code civil-code / Article 2317
Acts of others and of things in custody.
Status: in_force

We are responsible, not only for the damage occasioned by our own act, but for that which is caused by the act of persons for whom we are answerable, or of the things which we have in our custody. This, however, is to be understood with the following modifications.
La. Code Civ. Proc. art. 3333 — LA Code / Code code-of-civil-procedure / Article 3333
Contents of account
Status: in_force

An account shall show the money and other property received by and in the possession of the succession representative at the beginning of the period covered by the account, the revenue, other receipts, disbursements, and disposition of property during the period, and the remainder in his possession at the end of the period.
La. Code Crim. Proc. art. 161 — LA Code / Code code-of-criminal-procedure / Article 161
Property subject to seizure
Status: in_force

A. Except as authorized by Article 163.1 or 163.2, a judge may issue a warrant authorizing the search for and seizure of any thing within the territorial jurisdiction of the court which:

(1) Has been the subject of theft.

(2) Is intended for use or has been used as a means of committing an offense.

(3) May constitute evidence tending to prove the commission of an offense.

B. A judge of a city court located in the city of Bastrop may, only with the consent of the judicial district court, issue a warrant authorizing the search for and seizure of anything within the territorial jurisdiction of the district court.

C. A judge may also issue a search warrant in all other cases specifically provided by law. A justice of the peace may issue a search warrant only in those cases specifically provided by law.

Acts 1993, No. 846, §1; Acts 2005, No. 38, §1; Acts 2011, 1st Ex. Sess., No. 16, §1; Acts 2022, No. 384, §1.
La. Code Civ. Proc. art. 2415 — LA Code / Code code-of-civil-procedure / Article 2415
Delivery of property or payment of indebtedness to sheriff
Status: in_force

A. When the garnishee admits in his answer, or when on trial of a contradictory motion under Article 2414 it is found that he has in his possession property belonging to the judgment debtor or is indebted to him, the court shall order the garnishee to deliver the property immediately to the sheriff or to pay him the indebtedness when due. Delivery or payment to the sheriff discharges the garnishee's obligation to the judgment debtor to the extent of the delivery or payment.

B. This Article does not apply to garnishment of wages, salaries, tips reported to the employer, or commissions.

Acts 2022, No. 265, §1.
La. Civ. Code art. 2755 — LA Code / Code civil-code / Article 2755
Master's and crew's privilege on vessel for payment of wages.
Status: in_force

The masters of ships and other vessels, and their crews, have a privilege on the ship, for the wages due to them on the last voyage.
La. Civ. Code art. 1385 — LA Code / Code civil-code / Article 1385
Exclusion of warranty.
Status: in_force

The warranty does not take place, if the kind of eviction suffered has been excepted by a particular and express clause of the act; but it can not be stipulated in a partition, by a general clause that there shall be no warranty among the coheirs for any kind of disturbance whatever.
La. Code Crim. Proc. art. 976 — LA Code / Code code-of-criminal-procedure / Article 976
Motion to expunge record of arrest that did not result in a conviction
Status: in_force

A. A person may file a motion to expunge a record of his arrest for a felony or misdemeanor offense that did not result in a conviction if any of the following apply:

(1) The person was not prosecuted for the offense for which he was arrested, and the limitations on the institution of prosecution have barred the prosecution for that offense.

(2) The district attorney for any reason declined to prosecute any offense arising out of that arrest, including the reason that the person successfully completed a pretrial diversion program.

(3) Prosecution was instituted and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

(4) The person was judicially determined to be factually innocent and entitled to compensation for a wrongful conviction pursuant to the provisions of R.S. 15:572.8. The person may seek to have the arrest and conviction which formed the basis for the wrongful conviction expunged without the limitations or time delays imposed by the provisions of this Article or any other provision of law to the contrary.

B. Pursuant to R.S. 15:578.1, no person arrested for a violation of R.S. 14:98 (operating a vehicle while intoxicated) or a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance, and placed by the prosecuting authority into a pretrial diversion program, shall be entitled to an expungement of the record until five years have elapsed since the date of arrest for that offense.

C. The motion to expunge a record of arrest that did not result in a conviction of a misdemeanor or felony offense shall be served pursuant to the provisions of Article 979.

Acts 2014, No. 145, §1; Acts 2015, No. 200, §1; Acts 2016, No. 125, §1, eff. May 19, 2016; Acts 2020, No. 132, §1.
La. Civ. Code art. 470 — LA Code / Code civil-code / Article 470
Incorporeal immovables.
Status: in_force

Rights and actions that apply to immovable things are incorporeal immovables. Immovables of this kind are such as personal servitudes established on immovables, predial servitudes, mineral rights, and petitory or possessory actions.

Acts 1978, No. 728, §1.
La. Civ. Code art. 1860 — LA Code / Code civil-code / Article 1860
Quality of thing to be given
Status: in_force

When the performance consists of giving a thing that is determined as to its kind only, the obligor need not give one of the best quality but he may not tender one of the worst.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 308 — LA Code / Code childrens-code / Article 308
Authority of courts to refer child abuse, neglect
Status: in_force

A. Whenever any court of this state in the trial of any proceeding has cause to believe that a child's physical or mental health or welfare is endangered by abuse or neglect, it may report and refer the charges to the local child protection unit of the Department of Children and Family Services in accordance with Article 610.

B. If from its investigation the department determines that the report is validated or if it has obtained an instanter order from the juvenile court, it shall file appropriate written notice in the civil proceeding in which the complaint arose. Thereafter, the juvenile court shall have jurisdiction to resolve the case as a child in need of care proceeding pursuant to the provisions of Title VI.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Civ. Code art. 3220 — LA Code / Code civil-code / Article 3220
THE PRIVILEGE OF THE CREDITOR ON
Status: in_force

THE THING PLEDGED

Art. 3220. Privilege of pledgee.

The creditor acquires the right of possessing and retaining the movable which he has received in pledge, as a security for his debt, and may cause it to be sold for the payment of the same.

Hence proceeds the privilege which he enjoys on the thing.
La. Civ. Code art. 1830 — LA Code / Code civil-code / Article 1830
Effects of legal subrogation
Status: in_force

When subrogation takes place by operation of law, the new obligee may recover from the obligor only to the extent of the performance rendered to the original obligee. The new obligee may not recover more by invoking conventional subrogation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 767 — LA Code / Code childrens-code / Article 767
Presence at adjudication hearing; exclusion of witnesses
Status: in_force

A. The child, his caretakers, counsel, the petitioner, the district attorney, authorized officials of the court, and witnesses called by the parties may be present at the adjudication hearing.

B. The court may admit any other person who has a proper interest in the proceedings or the work of the court.

C. On its own motion the court may, and on the request of a party the court shall, order that the witnesses, other than parties, be excluded from the courtroom or from a place where they can see or hear the proceedings, and refrain from discussing the facts of the case with anyone other than counsel in the case. In the interest of justice, the court may exempt any witness from its order.

Acts 1991, No. 235, §7.
La. Civ. Code art. 102 — LA Code / Code civil-code / Article 102
Judgment of divorce; living separate and apart prior to rule
Status: in_force

Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the requisite period of time, in accordance with Article 103.1, has elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least the requisite period of time, in accordance with Article 103.1, prior to the filing of the rule to show cause.

The motion shall be a rule to show cause filed after all such delays have elapsed.

Amended by Acts 1952, No. 229, §1; Acts 1958, No. 331; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §1; Acts 1993, No. 107, §1; Acts 1995, No. 386, §1; Acts 1997, No. 1380, §1; Acts 2006, No. 743, §1, eff. Jan. 1, 2007.
La. Ch. Code art. 541 — LA Code / Code childrens-code / Article 541
Legislative findings; purposes; goals
Status: in_force

A. In an effort to reform and restructure the juvenile justice system and to improve the availability and quality of programs and services available to assist children who are at risk of becoming part of the system, as well as those who are already involved in the juvenile justice system, the legislature supports interagency efforts to gather comprehensive data and to actively share and disseminate data among those agencies responsible for making informed decisions regarding the treatment, care, security, and rehabilitation of children within the state.

B. The legislature finds that the sharing and integration of appropriate data and information may have numerous benefits for the children and families involved in the juvenile justice system, as well as for the state and local agencies attempting to provide services for them.

C. The legislature finds that such data sharing and integration can serve the best interests of the child and the family, contribute to higher levels of effectiveness in service delivery, greater efficiency and productivity, and eventually reductions in the costs of juvenile justice services. Specifically, such data sharing and integration can reduce redundant data entry, expedite the processing of cases, provide for more timely service delivery, ensure more accurate and up-to-date information, assist in the development of a seamless system of services, and contribute to better performance and greater accountability by all involved parties.

D. The legislature finds that the goals and purposes of this Chapter, including the goal to develop a seamless system of services for children and their families, would be furthered by the development of a central repository of data for planning and evaluation purposes and urges the Children's Cabinet to work towards the development of such a central repository.

Acts 2005, No. 119, §1, eff. Jan. 1, 2006.
La. Code Crim. Proc. art. 766 — LA Code / Code code-of-criminal-procedure / Article 766
Opening statement by state; scope
Status: in_force

The opening statement of the state shall explain the nature of the charge, and set forth, in general terms, the nature of the evidence by which the state expects to prove the charge.
La. Civ. Code art. 893 — LA Code / Code civil-code / Article 893
Brothers and sisters related by half-blood
Status: in_force

The property that devolves to the brothers or sisters is divided among them equally, if they are all born of the same parents. If they are born of different unions, it is equally divided between the paternal and maternal lines of the deceased: brothers or sisters fully related by blood take in both lines and those related by half-blood take each in his own line. If there are brothers or sisters on one side only, they take the entirety to the exclusion of all relations in the other line.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Code Civ. Proc. art. 4501 — LA Code / Code code-of-civil-procedure / Article 4501
Rights of parents during marriage over minor's property
Status: in_force

A. Except as otherwise provided by law, during marriage, the parents shall seek court approval to alienate, encumber, or lease the property of the minor, incur an obligation of the minor, or compromise a claim of the minor, in the same manner and using the same procedure as a tutor. The parents shall petition jointly, unless one parent is mentally incompetent, interdicted, or imprisoned, or is an absent person, in which case the other parent shall petition alone. One parent may also petition alone, with permission of the court, if the other parent fails or refuses to do so.

B. An ascendant having parental authority shall be considered a parent for the purposes of this Article.

Acts 2003, No. 467, §1; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
La. Civ. Code art. 1271 — LA Code / Code civil-code / Article 1271
Forced alienation of immovables subject to collation.
Status: in_force

But if the donee has been forced to alienate the immovable property, he shall be obliged to collate by taking less the price he has received from this sale and no more.

As, for example, if the donee shall be obliged to submit to a sale of the immovable for some object of public utility, or to discharge a mortgage imposed by the donor, or because the immovable was held in common with another person who has prayed for the sale in order to obtain a partition of it.
La. Civ. Code art. 2511 — LA Code / Code civil-code / Article 2511
Partial eviction, rights of buyer
Status: in_force

When the buyer is evicted from only a part of the thing sold, he may obtain rescission of the sale if he would not have bought the thing without that part. If the sale is not rescinded, the buyer is entitled to a diminution of the price in the proportion that the value of the part lost bears to the value of the whole at the time of the sale.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 3063 — LA Code / Code civil-code / Article 3063
Commercial suretyship rules apply to legal suretyship
Status: in_force

The provisions governing commercial suretyship contained in this Title apply to legal suretyship except as otherwise provided in this Chapter.

Acts 1987, No. 409, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 28 — LA Code / Code civil-code / Article 28
Capacity to make juridical acts
Status: in_force

A natural person who has reached majority has capacity to make all sorts of juridical acts, unless otherwise provided by legislation.

Acts 1987, No. 125, §1, eff. Jan. 1, 1988.
La. Code Evid. art. 1005 — LA Code / Code code-of-evidence / Article 1005
Public records
Status: in_force

The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with Article 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 3001 — LA Code / Code civil-code / Article 3001
Mandatary's duty of performance; standard of care
Status: in_force

The mandatary is bound to fulfill with prudence and diligence the mandate he has accepted. He is responsible to the principal for the loss that the principal sustains as a result of the mandatary's failure to perform.

Amended by Acts 1979, No. 711, §1; Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Crim. Proc. art. 8 — LA Code / Code code-of-criminal-procedure / Article 8
Assistants and deputies included
Status: in_force

Unless the context clearly indicates the contrary, official titles, such as clerk of court, coroner, district attorney, and sheriff, include assistants and deputies.
La. Civ. Code art. 2457 — LA Code / Code civil-code / Article 2457
Transfer of ownership; things not individualized
Status: in_force

When the object of a sale is a thing that must be individualized from a mass of things of the same kind, ownership is transferred when the thing is thus individualized according to the intention of the parties.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.