FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 1002.1 — LA Code / Code code-of-criminal-procedure / Article 1002.1
Designation of crime of violence against family member, household member, or dating partner
Status: in_force

Notwithstanding the provisions of Articles 814 and 817 and any other provision of law to the contrary, when a person is charged with any felony crime of violence enumerated or defined in R.S. 14:2(B), for which the person would be prohibited from possessing a firearm pursuant to R.S. 14:95.1 if convicted, the district attorney may allege in the indictment or bill of information that the victim of the crime was a family member, household member, or dating partner for the purpose of invoking the provisions of this Title, including Article 1002(A)(1)(i). If the person pleads guilty to the indictment or bill of information, the fact that the victim was a family member, household member, or dating partner shall be deemed admitted. If the matter proceeds to trial, the issue of whether the victim was a family member, household member, or dating partner shall be submitted to the jury and the verdict shall include a specific finding of fact as to that issue in addition to a specification of the offense as to which the verdict is found.

Acts 2019, No. 427, §3.
La. Code Crim. Proc. art. 805 — LA Code / Code code-of-criminal-procedure / Article 805
Same; charge as to verdict acquitting on account of insanity
Status: in_force

The court shall charge the jury that if it acquits a defendant on account of a plea of insanity it shall state that the defendant was found not guilty by reason of insanity.
La. Ch. Code art. 313 — LA Code / Code childrens-code / Article 313
Duration of jurisdiction over proceedings
Status: in_force

A. A court exercising juvenile jurisdiction no longer exercises such jurisdiction in any proceeding authorized by this Code upon:

(1) Declination of jurisdiction.

(2) Transfer of the proceeding.

(3) Expiration or satisfaction of an informal adjustment agreement.

(4) Expiration or satisfaction of an informal family services plan agreement.

(5) Expiration, satisfaction, or vacation of a juvenile disposition or adult sentence.

(6) Dismissal of the proceeding.

B. A court exercising juvenile jurisdiction no longer exercises such jurisdiction in any proceeding authorized by Article 311(B)(1) upon the filing of a motion in accordance with R.S. 46:236.2(B)(2). When the motion is granted, the individual or caretaker to whom the support obligation is owed shall be the proper party to enforce the child support obligation or any arrears owed.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2010, No. 913, §1; Acts 2018, No. 373, §1, eff. October 1, 2018.
La. Code Civ. Proc. art. 4231 — LA Code / Code code-of-civil-procedure / Article 4231
Disqualification of tutor
Status: in_force

A. No person may be appointed tutor who is:

(1) Under eighteen years of age;

(2) Interdicted, or who, on contradictory hearing, is proved to be mentally incompetent;

(3) A convicted felon, under the laws of the United States or of any state or territory thereof;

(4) Indebted to the minor, unless he discharges the debt prior to the appointment;

(5) An adverse party to a suit to which the minor is a party; or

(6) A person who, on contradictory hearing, is proved to be incapable of performing the duties of the office, or to be otherwise unfit for appointment because of his physical or mental condition or bad moral character.

B. Except as provided in Paragraph C of this Article, the provisions of Subparagraphs (1), (3), (4), and (5) of Paragraph A do not apply to the parent of the minor.

C. The provisions of Paragraph B of this Article shall not apply to a natural parent of the minor who is convicted of a felony involving theft of funds or misappropriation of funds, a crime of violence as defined in R.S. 14:2(B), a sex offense as defined in R.S. 15:542 or R.S. 46:1844, or any other crime against an individual under the age of eighteen years.

Amended by Acts 1974, No. 573, §1; Acts 2001, No. 741, §1.
La. Civ. Code art. 50 — LA Code / Code civil-code / Article 50
Termination of curatorship of right
Status: in_force

The curatorship of the property of the absent person terminates of right when he appoints a person to represent him in this state, when his whereabouts become known, or when he dies.

Acts 1990, No. 989, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 3211 — LA Code / Code civil-code / Article 3211
Innkeepers and masters of boarding houses.
Status: in_force

It is not keepers of taverns and hotels alone, who are comprehended in the term masters of boarding houses, and who enjoy a privilege for their supplies, but all persons who make a business of receiving persons at board for a fixed price.
La. Civ. Code art. 1470 — LA Code / Code civil-code / Article 1470
Persons capable of giving or receiving
Status: in_force

All persons have capacity to make and receive donations inter vivos and mortis causa, except as expressly provided by law.

Acts 1991, No. 363, §1.
La. Ch. Code art. 1277 — LA Code / Code childrens-code / Article 1277
Other remedies not affected
Status: in_force

Nothing contained in this Chapter shall limit a person's right to proceed under Chapter 5 of this Title to obtain confidential adoption information.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 1979 — LA Code / Code civil-code / Article 1979
Revocation
Status: in_force

The stipulation may be revoked only by the stipulator and only before the third-party beneficiary has manifested his intention of availing himself of the benefit.

If the promisor has an interest in performing, however, the stipulation may not be revoked without his consent.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2025, No. 488, §1.
La. Civ. Code art. 1412 — LA Code / Code civil-code / Article 1412
Rescission in favor of minor effective for all parties.
Status: in_force

The minor who obtains relief against a partition, relieves those of full age; for the partition can not subsist for one, and be annulled for another.
La. Code Civ. Proc. art. 1792 — LA Code / Code code-of-civil-procedure / Article 1792
Charge to the jury
Status: in_force

A. At any time during the trial, the court may instruct the jury on the law applicable to any issue in the case.

B. After the trial of the case and the presentation of all the evidence and arguments, the court shall instruct the jurors on the law applicable to the cause submitted to them. The court shall reduce such instructions to writing. The court shall further instruct the jury that it may take with it or have sent to it a written copy of all instructions and charges and any object or document received in evidence when a physical examination thereof is required to enable the jury to reach its verdict.

C. This charge shall be in writing and available to the parties and to jurors in their deliberations.

Acts 1983, No. 534, §7; Acts 1997, No. 668, §1.
La. Civ. Code art. 2503 — LA Code / Code civil-code / Article 2503
Modification or exclusion of warranty, seller's liability for personal acts, restitution of price in case of eviction
Status: in_force

The warranty against eviction is implied in every sale. Nevertheless, the parties may agree to increase or to limit the warranty. They may also agree to an exclusion of the warranty, but even in that case the seller must return the price to the buyer if eviction occurs, unless it is clear that the buyer was aware of the danger of eviction, or the buyer has declared that he was buying at his peril and risk, or the seller's obligation of returning the price has been expressly excluded.

In all those cases the seller is liable for an eviction that is occasioned by his own act, and any agreement to the contrary is null.

The buyer is subrogated to the rights in warranty of the seller against other persons, even when the warranty is excluded.

Amended by Acts 1924, No. 116; Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1252 — LA Code / Code childrens-code / Article 1252
Duties of department; home study; confidential report
Status: in_force

A. The department shall not investigate the proposed intrafamily adoption except upon order of the court. If the court orders an investigation, it may request any information which it deems relevant and require that the department submit a confidential report of its findings to the court.

B. The department shall make every effort to locate any living parent whose consent is required under Article 1193 to determine the parent's attitude toward the proposed adoption. If a curator ad hoc has been appointed by the court pursuant to Article 1250, the department shall supply him with all information pertinent to the location of an absentee parent within fifteen days of its receipt of a copy of the order appointing the curator ad hoc.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2012, No. 603, §1.
La. Ch. Code art. 900 — LA Code / Code childrens-code / Article 900
Duration of a disposition based on a misdemeanor-grade adjudication
Status: in_force

A. No judgment of disposition shall remain in force for a period exceeding the maximum term of imprisonment for the offense which forms the basis for the adjudication, except that if the child is placed on probation, the term of probation may extend for a maximum of one year, or for such longer period of time as the child is a full-time participant in a juvenile drug court program operated by a court of this state, if such participation has been ordered by the court as a condition of the child's probation. The court shall give a child credit for time spent in secure detention prior to the imposition of disposition.

B. If an order of commitment to the custody of the Department of Public Safety and Corrections is subsequently modified and the child is placed on parole, the maximum term of parole shall be the remainder of the sentence originally imposed.

C. These maximums do not apply if:

(1) A portion of an order of commitment was suspended, in which case the term of parole shall end when the time period so suspended has elapsed.

(2) The child commits a felony after having been committed to the custody of the Department of Public Safety and Corrections or while on probation and is tried as an adult and convicted or pleads guilty, in which case the judgment of disposition in the juvenile court shall terminate as of the date of conviction. The child shall earn no diminution of his felony sentence based upon time served under the order of disposition.

(3) The judgment expires by its own terms, is modified, or is vacated.

(4) The child reaches age twenty-one.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2003, No. 334, §1; Acts 2016, No. 499, §2.
La. Ch. Code art. 1127 — LA Code / Code childrens-code / Article 1127
Request for disclosure of nonidentifying medical records or genetic information
Status: in_force

A. Any adopted person, or if still a minor, his legal representative on his behalf, or a surrendering biological parent, may, upon written request, obtain nonidentifying medical or genetic information from the agency, firm, or lawyer without the necessity of filing a motion for disclosure as required by the provisions of Chapter 5 of Title XII of this Code.

B. Upon such a written request, the agency, firm, or lawyer shall make a good faith effort to review and abstract nonidentifying genetic or medical information from all available records and sources that are similar in content to the Statement of Family History.

C. Such nonidentifying medical or genetic information shall be made available for a reasonable charge.

D. For the purposes of this Article, an "agency, firm, or lawyer" shall include an agency, firm, or lawyer that is no longer licensed or authorized by the state for the placement of children for adoption, but was licensed or authorized by the state to perform such service at the time the child was surrendered.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1995, No. 1108, §1; Acts 1999, No. 884, §1; Acts 1999, No. 1062, §3, eff. Jan. 1, 2000; Acts 2008, No. 583, §1.
La. Ch. Code art. 741 — LA Code / Code childrens-code / Article 741
Grounds for continued custody
Status: in_force

The court may authorize the continued custody of a child prior to adjudication if there are reasonable grounds to believe that the child is in need of services and that continued custody is necessary for his protection or control.

Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
La. Code Crim. Proc. art. 553 — LA Code / Code code-of-criminal-procedure / Article 553
Method of pleading
Status: in_force

A. Except when otherwise provided under Paragraph B of this Article or by local rule in accordance with Articles 551 and 562, the defendant in a felony case shall plead in person. In misdemeanor cases, the defendant may plead not guilty through counsel, may plead guilty through counsel with consent of the court, may appear and enter his plea of guilty by way of simultaneous audio-visual transmission in accordance with local rules of court and Articles 551 and 562, and may plead and be arraigned in accordance with procedures established according to R.S. 32:57(C). A corporation may plead through counsel in all cases. The plea shall be made in open court and shall be immediately entered in the minutes of the court. A failure to enter a plea in the minutes shall not affect the validity of any proceeding in the case.

B. By rule adopted pursuant to R.S. 13:472, the judge of the district court or a majority of the judges in a multi-district court may permit the defendant in a noncapital felony case to waive formal arraignment and enter a plea of not guilty without pleading in person. The rule shall require that the plea be in writing and shall set forth the filing procedure. Any formal defect shall not affect the validity of the proceeding.

C. Repealed by Acts 2020, No. 160, §2.

Acts 1980, No. 570, §1; Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 1011, §1; Acts 2003, No. 206, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §§1, 2.
La. Code Crim. Proc. art. 25 — LA Code / Code code-of-criminal-procedure / Article 25
Penalties for contempt
Status: in_force

A. A person may not be adjudged guilty of a contempt of court except for misconduct defined as such, or made punishable as such, expressly by law.

B. Except as otherwise provided in this Article, a court may punish a person adjudged guilty of contempt of court in connection with a criminal proceeding by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or both.

C. When an attorney is adjudged guilty of a direct contempt of court, the punishment shall be limited to a fine of not more than one hundred dollars, or imprisonment for not more than twenty-four hours, or both; and, for any subsequent direct contempt of the same court by the same offender, a fine of not more than two hundred dollars, or imprisonment for not more than ten days, or both.

D. A justice of the peace may punish a person adjudged guilty of a direct contempt of court by a fine of not more than fifty dollars, or imprisonment in the parish jail for not more than twenty-four hours, or both.

E. When a contempt of court consists of the omission to perform an act which is yet in the power of the person charged with contempt to perform, he may be imprisoned until he performs it, and in such a case this shall be specified in the court's order.

Acts 1991, No. 508, §1.
La. Code Evid. art. 509 — LA Code / Code code-of-evidence / Article 509
Work product rule not affected
Status: in_force

Nothing in this Chapter shall be construed as derogating from the protection afforded by the rules relating to work product.

Acts 1992, No. 376, §1, eff. Jan. 1, 1993.
La. Civ. Code art. 1798 — LA Code / Code civil-code / Article 1798
Obligation subject to condition or term
Status: in_force

An obligation may be solidary though for one of the obligors it is subject to a condition or term.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 612 — LA Code / Code civil-code / Article 612
Term; third person reaching a certain age.
Status: in_force

A usufruct granted until a third person reaches a certain age is a usufruct for a term. If the third person dies, the usufruct continues until the date the deceased would have reached the designated age.

Acts 1976, No. 103, §1.
La. Code Civ. Proc. art. 3005 — LA Code / Code code-of-civil-procedure / Article 3005
Same; petition for possession; evidence
Status: in_force

The petition of the heirs for possession under Article 3004 shall include allegations as to: the competency of the petitioners; the date of death of the intestate, and all other facts on which the jurisdiction of the court is based; and the facts showing that petitioners and the incompetent heirs named in the petition, if any, are the sole heirs of the intestate.

The petition of the surviving spouse in community for possession under Article 3004 shall include all of the pertinent allegations of Article 3002.

The allegation of the petition for possession shall be verified by the affidavit of at least one of the petitioners.

The allegations of the petition for possession shall be proved as provided in Article 3003.

Amended by Acts 1979, No. 711, §3, eff. Jan. 1, 1980.
La. Ch. Code art. 1282.1 — LA Code / Code childrens-code / Article 1282.1
Petition; contents; form
Status: in_force

A. The petition for recognition of foreign adoption shall be styled: "In re __________, Applying for Recognition of Foreign Adoption from a Non-Hague Convention Country." The petition or an attached exhibit shall state:

(1) The full name, address, age, occupation, and marital status of each petitioner, at least one of whom is a domiciliary of the state of Louisiana.

(2) The name by which the child is known to petitioners.

(3) The place and date of the birth of the child if known; if not known, then the approximate age of the child.

(4) The date and circumstances under which the child was adopted in a foreign country and entered the home of the petitioner.

(5) Any relationship existing between the petitioner and the child.

B. The petition shall be accompanied by a certification for adoption, a certified copy of the documentation of orphan status, documentary proof of citizenship status, a copy of the child's immigrant visa or resident alien card, the original or a certified copy of a valid foreign adoption decree, together with a notarized translation, and the original or certified copy of a valid birth certificate, together with a notarized translation, and an affidavit of fees and expenses.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Ch. Code art. 1107.2 — LA Code / Code childrens-code / Article 1107.2
Intent to surrender for adoption; purpose; limitations
Status: in_force

A. The purpose of an act of intent to surrender for adoption is to facilitate early planning for the child who may be surrendered by the mother for adoption and to provide due notice at the earliest possible time to any alleged or adjudicated father who may have an interest in the child's custody.

B. An act of intent to surrender for adoption may be executed only by a pregnant female or mother of a child.

C. The intent to surrender for adoption process may be used only when the alleged or adjudicated father is identified and can be served.

D. The intent to surrender for adoption process may not be used to terminate the rights of a legal father.

Acts 2003, No. 564, §1.
La. Ch. Code art. 854 — LA Code / Code childrens-code / Article 854
Appearance to answer petition; time
Status: in_force

A. If the petition is filed prior to or during the hearing to determine continued custody, the court may order the child to answer the petition upon completion of the hearing. If not so ordered and the child is continued in custody, he shall be ordered to appear to answer the petition within five days after the filing of the petition.

B. In all other cases, the child shall be ordered to appear to answer the petition within fifteen days after the filing of the petition.

C. For good cause, the court may extend such period.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Civ. Code art. 1915 — LA Code / Code civil-code / Article 1915
Rules applicable to all contracts
Status: in_force

All contracts, nominate and innominate, are subject to the rules of this title.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 1918 — LA Code / Code code-of-civil-procedure / Article 1918
Form of final judgment
Status: in_force

A. A final judgment in accordance with Article 1841 shall be identified as such by appropriate language; shall be signed and dated; and shall, in its decree, identify the name of the party in whose favor the relief is awarded, the name of the party against whom the relief is awarded, and the relief that is awarded. If appealed, a final judgment that does not contain the appropriate decretal language shall be remanded to the trial court, which shall amend the judgment in accordance with Article 1951 within the time set by the appellate court.

B. When written reasons for the judgment are assigned, they shall be set out in an opinion separate from the judgment.

Acts 2021, No. 259, §2.
La. Civ. Code art. 1609 — LA Code / Code civil-code / Article 1609
Revocation of juridical act prior to testator's death
Status: in_force

The revocation of a testament, legacy, or other testamentary provision that is made in any manner other than physical destruction of the testament, subsequent inter vivos disposition or divorce is not effective if the revocation itself is revoked prior to the testator's death.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Ch. Code art. 752 — LA Code / Code childrens-code / Article 752
Service and return; resident caretaker
Status: in_force

A. If a caretaker resides within the state, service shall be made personally or by domiciliary service or by certified mail as soon as possible and not less than fifteen days prior to commencement of the adjudication hearing on the matter.

B. The person effecting service shall execute a return and, if service was made by certified mail, the return receipt shall be attached thereto.

Acts 1991, No. 235, §7.
La. Code Civ. Proc. art. 3 — LA Code / Code code-of-civil-procedure / Article 3
Same; cannot be conferred by consent
Status: in_force

The jurisdiction of a court over the subject matter of an action or proceeding cannot be conferred by consent of the parties. A judgment rendered by a court which has no jurisdiction over the subject matter of the action or proceeding is void.
La. Civ. Code art. 1914 — LA Code / Code civil-code / Article 1914
Nominate and innominate contracts
Status: in_force

Nominate contracts are those given a special designation such as sale, lease, loan, or insurance.

Innominate contracts are those with no special designation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 772 — LA Code / Code civil-code / Article 772
Renunciation by owner.
Status: in_force

A renunciation of a servitude by a co-owner of the dominant estate does not discharge the servient estate, but deprives him of the right to use the servitude.

Acts 1977, No. 514, §1.
La. Code Crim. Proc. art. 345 — LA Code / Code code-of-criminal-procedure / Article 345
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 1999, No. 325, §1; Acts 1999, No. 759, §1; Acts 1999, No. 1054, §1; Acts 2001, No. 1218, §1; Acts 2004, No. 374, §1; Acts 2006, No. 466, §2, eff. June 15, 2006; Acts 2010, No. 709, §1; Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.