FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 322 — LA Code / Code childrens-code / Article 322
Purpose
Status: in_force

The purpose of this Chapter is to provide further protection for protected persons who are witnesses to or victims of a crime and to permit the trial concerning such crime to proceed with a minimum of additional intrusion into the lives of such protected persons. To effect this purpose, the need for a special exception to the hearsay rule allowing receipt of videotaped statements of the protected person's account and the need for closed-circuit television for transmitting certain protected person's testimony is recognized.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2004, No. 241, §2.
La. Civ. Code art. 600 — LA Code / Code civil-code / Article 600
Disposition of animals.
Status: in_force

The usufructuary may dispose of individual animals of the herd, subject to the obligation to deliver to the naked owner at the end of the usufruct the value that the animals had at the time of disposition.

The usufructuary may also dispose of the herd or of a substantial part thereof, provided that he acts as a prudent administrator. In such a case, the proceeds are subject to the provisions of Article 618.

Acts 1976, No. 103, §1.
La. Civ. Code art. 816 — LA Code / Code civil-code / Article 816
Partition in kind; warranty
Status: in_force

When a thing is partitioned in kind, each co-owner incurs the warranty of a vendor toward his co-owners to the extent of his share.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 3300 — LA Code / Code civil-code / Article 3300
Creation of judicial mortgage
Status: in_force

A judicial mortgage is created by filing a judgment with the recorder of mortgages.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
La. Civ. Code art. 2812 — LA Code / Code civil-code / Article 2812
The sharing of a partner's interest with a third person.
Status: in_force

A partner may share his interest in the partnership with a third person without the consent of his partners, but he cannot make him a member of the partnership. He is responsible for damage to the partnership caused by the third person as though he caused it himself.

Acts 1980, No. 150, §1.
La. Ch. Code art. 791 — LA Code / Code childrens-code / Article 791
Contempt; prehearing detention
Status: in_force

A. If there are reasonable grounds to believe that the child has violated the terms of a judgment of disposition, the child may be taken into custody in accordance with Article 735 or 736.

B. If, in addition, there are reasonable grounds to believe that taking the child into custody is necessary for his protection or control or to assure the child's appearance at the contempt hearing, the child may be taken into custody to a secure detention facility in accordance with Article 735 or 736.

C. The peace officer, probation officer, or an appropriate representative of the arresting agency shall have the authority and responsibility to transport the child to such shelter care facility or detention facility.

D. If the child is taken to a shelter care facility or detention facility, there shall be a hearing within twenty-four hours, exclusive of legal holidays, to determine whether:

(1) A judgment of disposition was entered in compliance with Article 782.

(2) Reasonable grounds exist that the child has violated the judgment of disposition.

E. If the requirements of Paragraph D are met, the child may be detained for up to three days pending a hearing on the rule for contempt. This time limitation shall run from the time of the reasonable grounds determination or the taking into custody, whichever is later.

F. A child shall not be detained in a secure juvenile detention facility for any alleged violation of an informal family services plan agreement.

Acts 1995, No. 1095, §3; Acts 1999, No. 1313, §1.
La. Civ. Code art. 278 — LA Code / Code civil-code / Article 278
Liability concerning minor's legal mortgage.
Status: in_force

The undertutor who fails or neglects to cause to be inscribed in the manner required by law, the evidence of the minor's legal mortgage against his tutor, shall be liable for all the damages which the minor may sustain in consequence of such failure or neglect; and this claim for damages shall not be prescribed so long as the minor's right of action exists against his tutor.
La. Code Civ. Proc. art. 1702.1 — LA Code / Code code-of-civil-procedure / Article 1702.1
Default judgment without hearing in open court; required information; certifications
Status: in_force

A. When the plaintiff seeks a default judgment without appearing for a hearing in open court as provided in Article 1702(B)(1) and (C), the plaintiff shall file a written request for default judgment containing a certification that the suit is on an open account, promissory note, or other negotiable instrument, on a conventional obligation, or on a check dishonored for nonsufficient funds, and that the necessary invoices and affidavit, note and affidavit, or check or certified reproduction thereof are attached, along with any proof required by law and a proposed default judgment. If attorney fees are sought under R.S. 9:2781 or 2782, the attorney shall certify that fact and the fact that the number of days required by R.S. 9:2781(A) or 2782(A), respectively, have elapsed since demand was made upon the defendant.

B. The certification shall indicate the type of service made on the defendant and the date of service and shall also include a certification by the clerk that the record was examined by the clerk, including therein the date of the examination and a statement that no answer or other pleading has been filed within the time prescribed by law or by the court.

Added by Acts 1984, No. 507, §1. Acts 1987, No. 182, §1; Acts 1992, No. 292, §1; Acts 2001, No. 1075, §2; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
La. Ch. Code art. 1281.9 — LA Code / Code childrens-code / Article 1281.9
Persons who may petition for intercountry adoption
Status: in_force

A United States citizen and his spouse who is a United States citizen or has lawful immigration status may petition jointly, or an unmarried United States citizen at least twenty-five years of age, may petition for intercountry adoption. At least one petitioner shall be a domiciliary of Louisiana. When one joint petitioner dies after the petition has been filed, the adoption proceedings may continue as though the survivor was a single original petitioner.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Code Civ. Proc. art. 2164 — LA Code / Code code-of-civil-procedure / Article 2164
Scope of appeal and action to be taken; costs
Status: in_force

The appellate court shall render any judgment which is just, legal, and proper upon the record on appeal. The court may award damages, including attorney fees, for frivolous appeal or application for writs, and may tax the costs of the lower or appellate court, or any part thereof, against any party to the suit, as in its judgment may be considered equitable.

Acts 2010, No. 184, §1.
La. Code Civ. Proc. art. 3443 — LA Code / Code code-of-civil-procedure / Article 3443
Sale of succession property; publication of notice of sale
Status: in_force

A. Notice of the public sale of property, movable or immovable, by the succession representative of a small succession shall be published once and only in the parish where the succession is pending, and the property shall be sold no less than ten days nor more than fifteen days after publication.

B. Notice of the application of the succession representative of a small succession to sell succession property, movable or immovable, at private sale shall be published once and only in the parish where the succession proceeding is pending and shall state that any opposition to the proposed sale shall be filed within ten days of the date of publication.

Acts 2024, No. 90, §1.
La. Civ. Code art. 2300 — LA Code / Code civil-code / Article 2300
Obligation that does not exist
Status: in_force

A thing is not owed when it is paid or delivered for the discharge of an obligation that does not exist.

Acts 1995, No. 1041, §1, eff. Jan. 1, 1996.
La. Civ. Code art. 2704 — LA Code / Code civil-code / Article 2704
Nonpayment of rent
Status: in_force

If the lessee fails to pay the rent when due, the lessor may, in accordance with the provisions of the Title "Conventional Obligations or Contracts", dissolve the lease and may regain possession in the manner provided by law.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 2621 — LA Code / Code civil-code / Article 2621
Acceptance, when effective; option turns into contract to sell; rejection
Status: in_force

The acceptance or rejection of an offer contained in an option is effective when received by the grantor. Upon such an acceptance the parties are bound by a contract to sell.

Rejection of the offer contained in an option terminates the option but a counteroffer does not.

Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961; Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 424.5 — LA Code / Code childrens-code / Article 424.5
CASA; appearance; witness
Status: in_force

A. The CASA volunteer shall be entitled to attend all court proceedings and hearings of any kind pertaining to a child for whom he is assigned.

B. The CASA volunteer may be called as a witness in the proceedings by any party or by the court and may request of the court the opportunity to appear as a witness.

Acts 1999, No. 275, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 932 — LA Code / Code code-of-criminal-procedure / Article 932
Jurors, juries, and jury venires
Status: in_force

Except where the context clearly indicates otherwise, as used in this Code:

(1) "Juror" means a grand or a petit juror.

(2) "Petit jury" means the jury that tries a defendant.

(3) "Panel" is a group of persons selected according to law from a grand jury or petit jury venire to serve as a grand jury, or as a petit jury.
La. Civ. Code art. 2452 — LA Code / Code civil-code / Article 2452
Sale of the thing of another
Status: in_force

The sale of a thing belonging to another does not convey ownership.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 4605 — LA Code / Code code-of-civil-procedure / Article 4605
Preference; appointment of notary; discretion of court
Status: in_force

A partition proceeding shall be tried with preference over other ordinary proceedings.

After the trial of the proceeding, if the court finds that the plaintiff is entitled to a partition of the property, the court shall appoint a notary to make the partition in accordance with law.

Except as otherwise provided in Article 4606, the court has discretion to direct the manner and conditions of effecting the partition, so that it will be most advantageous and convenient to the parties.
La. Civ. Code art. 609 — LA Code / Code civil-code / Article 609
Termination of legacy of revenues.
Status: in_force

A legacy of revenues from specified property is a kind of usufruct and terminates upon death of the legatee unless a shorter period has been expressly stipulated.

Acts 1976, No. 103, §1.
La. Civ. Code art. 1320 — LA Code / Code civil-code / Article 1320
Ownership as basis for action of partition.
Status: in_force

It is not necessary, to support the action of partition, that the coheirs, or the party commencing it, should be in actual possession of the succession or of the thing to be divided; for among coheirs and coproprietors, it is not the possession but the ownership, which is the basis of the action.
La. Civ. Code art. 2780 — LA Code / Code civil-code / Article 2780
Recipient of payments
Status: in_force

The recipient of payments under an annuity contract may be a natural person or a juridical person.

Acts 2012, No. 258, §1, eff. Jan. 1, 2013.
La. Code Civ. Proc. art. 5096 — LA Code / Code code-of-civil-procedure / Article 5096
Compensation
Status: in_force

The court shall allow the attorney at law appointed to represent a defendant a reasonable fee for his services, which shall be paid by the plaintiff, but shall be taxed as costs of court.

The attorney so appointed may require the plaintiff to furnish security for the costs which may be paid by, and the reasonable fee to be allowed, the attorney.

If the attorney so appointed is retained as counsel for the defendant, the attorney shall immediately advise the court and opposing counsel of such employment.
La. Civ. Code art. 701 — LA Code / Code civil-code / Article 701
Servitude of view.
Status: in_force

The servitude of view is the right by which the owner of the dominant estate enjoys a view; this includes the right to prevent the raising of constructions on the servient estate that would obstruct the view.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 4361 — LA Code / Code code-of-civil-procedure / Article 4361
Adjudication of minor's interest to parent co-owner
Status: in_force

The parent of a minor who owns property in common with him may obtain a judgment adjudicating the share of the minor either in all of the property or any part thereof to the parent at a price fixed under oath by experts appointed by the court. The adjudication may be made even though there are other co-owners. The proposed adjudication must be approved by the court after compliance with Article 4271.
La. Civ. Code art. 98 — LA Code / Code civil-code / Article 98
Mutual duties of married persons
Status: in_force

Married persons owe each other fidelity, support, and assistance.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 1034 — LA Code / Code code-of-civil-procedure / Article 1034
Exceptions and motions
Status: in_force

A defendant in an incidental action may plead any of the exceptions available to a defendant in a principal action, and may raise any of the objections enumerated in Articles 925 through 927, except that an objection of improper venue may not be urged if the principal action has been instituted in the proper venue. Exceptions pleaded by the defendant in an incidental action shall be subject to all of the provisions of Articles 924 through 934.

A party to an incidental action may plead any of the written motions available to a party to a principal action, subject to the provisions of Articles 961 through 969.
La. Code Civ. Proc. art. 2885 — LA Code / Code code-of-civil-procedure / Article 2885
Mystic testament
Status: in_force

A. Except as provided in Article 2886, the mystic testament must be proved by the testimony of at least three of the witnesses who were present at the act of superscription. These witnesses shall testify, in substance:

(1) That they recognize the sealed envelope presented to them to be the same that the testator delivered to the notary in their presence, declaring to the latter that it contained the testator's testament; and

(2) That they recognize their signatures and that of the notary in the act of superscription, if they signed it, or the signature of the notary and of the person who signed for them, if the witnesses did not know how to sign their names.

B. The notary before whom the act of superscription has been passed may testify as one of the three witnesses required above.

C. A person's testimony for the purpose of this Article may be given in the form of an affidavit executed after the death of the testator, unless the court in its discretion requires the person to appear and testify orally. All affidavits accepted by the court in lieu of oral testimony shall be filed in the probate proceedings. This Paragraph does not apply to testimony with respect to the genuineness of a will that is judicially attacked.

Acts 1987, No. 270, §1; Acts 1999, No. 85, §1.
La. Civ. Code art. 1891 — LA Code / Code civil-code / Article 1891
Release of real security
Status: in_force

Release of a real security given for performance of the obligation does not give rise to a presumption of remission of debt.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 192 — LA Code / Code civil-code / Article 192
Contestation action; proof
Status: in_force

The mother shall prove by clear and convincing evidence both that her former husband is not the father and that her present husband is the father. The testimony of the mother shall be corroborated by other evidence.

Acts 2005, No. 192, §1, eff. June 29, 2005.
La. Civ. Code art. 901 — LA Code / Code civil-code / Article 901
Direct and collateral relationship
Status: in_force

The series of degrees forms the line. The direct line is the series of degrees between persons who descend one from another. The collateral line is the series of degrees between persons who do not descend one from another, but who descend from a common ancestor.

In the direct line, the number of degrees is equal to the number of generations between the heir and the deceased. In the collateral line, the number of degrees is equal to the number of generations between the heir and the common ancestor, plus the number of generations between the common ancestor and the deceased.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Civ. Code art. 2315.9 — LA Code / Code civil-code / Article 2315.9
Liability for damages caused by acts of terror
Status: in_force

A. In addition to general and special damages, a prevailing plaintiff shall also be awarded court costs and reasonable attorney fees in the appropriate district or appellate court upon proof that the injuries on which the action is based were caused by an act of terror or terrorism resulting in injury to the person or damage to the person's property, regardless of whether the defendant was prosecuted for his acts.

B. The rights and remedies provided by this Article are in addition to any other rights and remedies provided by law.

C. As used in this Article, the terms shall be defined as follows:

(1) "Act of terror" or "terrorism" means the commission of any of the acts occurring primarily in this state and as enumerated in this Subparagraph, when the offender has the intent to intimidate or coerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion:

(a) Intentional killing of a human being.

(b) Intentional infliction of serious bodily injury upon a human being.

(c) Kidnapping of a human being.

(d) Aggravated arson upon any structure, watercraft, or movable.

(e) Aggravated criminal damage to property.

(2) "Terrorist" means a person who knowingly does any of the following:

(a) Commits an act of terror.

(b) Acts as an accessory before or after the fact, aids or abets, solicits, or conspires to commit an act of terror.

(c) Lends material support to an act of terror.

D. Upon motion of the defendant or upon its own motion, if the court determines that any action alleging an act of terror is frivolous or fraudulent, the court shall award costs of court, reasonable attorney fees, and any other related costs to the defendant and any other sanctions and relief requested pursuant to Code of Civil Procedure Article 863.

E. An action under the provisions of this Article shall be subject to a liberative prescriptive period of two years.

Acts 2015, No. 337, §1.
La. Civ. Code art. 2009 — LA Code / Code civil-code / Article 2009
Obligee not bound to prove damage
Status: in_force

An obligee who avails himself of a stipulated damages clause need not prove the actual damage caused by the obligor's nonperformance, defective performance, or delay in performance.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2453 — LA Code / Code civil-code / Article 2453
Sale of thing pending litigation of ownership
Status: in_force

When the ownership of a thing is the subject of litigation, the sale of that thing during the pendency of the suit does not affect the claimant's rights. Where the thing is immovable, the rights of third persons are governed by the laws of registry.

Amended by Acts 1878, No. 3; Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 334 — LA Code / Code childrens-code / Article 334
Return day
Status: in_force

A. Except as otherwise provided in this Code, the return day of the appeal shall be thirty days from the date the appeal is granted, if no costs are required, or from the date estimated costs are paid, unless the trial court fixes a lesser period.

B. The trial court may grant only one extension of the return day, and such extension shall not exceed thirty days. Subsequent extensions of the return day may be granted by the appellate court for sufficient cause.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
La. Ch. Code art. 822 — LA Code / Code childrens-code / Article 822
Place of continued custody prior to adjudication
Status: in_force

A. Following the hearing required by Article 819, the court may order a child alleged to have committed a delinquent act or alleged to have violated probation or parole for a delinquent act, continued in custody in a licensed public or private facility for juveniles, if licensure is required by law for such a facility, or in a private home subject to the supervision of the court or in a juvenile detention center.

B. The court shall not place a child alleged to be delinquent in the custody of either the department of Children and Family Services or the department of Public Safety and Corrections prior to adjudication.

C. No child subject to the jurisdiction of the juvenile court shall be held in an adult jail or lockup.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 230 — LA Code / Code code-of-criminal-procedure / Article 230
Rights of person arrested
Status: in_force

The person arrested has, from the moment of his arrest, a right to procure and confer with counsel and to use a telephone or send a messenger for the purpose of communicating with his friends or with counsel.
La. Civ. Code art. 2361 — LA Code / Code civil-code / Article 2361
Obligations incurred during marriage; presumption.
Status: in_force

Except as provided in Article 2363, all obligations incurred by a spouse during the existence of a community property regime are presumed to be community obligations.

Acts 1979, No. 709, §1.
La. Code Civ. Proc. art. 3955 — LA Code / Code code-of-civil-procedure / Article 3955
Service of petition
Status: in_force

A. When a petition for divorce is filed in accordance with Civil Code Article 102, service of the petition shall be requested on the defendant within ninety days of the filing of the petition.

B. If the defendant is an absentee, the request for appointment of an attorney to represent the absentee defendant within ninety days of commencement of the action constitutes compliance with the requirements of Paragraph A of this Article.

C. The defendant may expressly waive the requirements of Paragraph A of this Article by any written waiver. The requirement provided by Paragraph A of this Article shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of the petition, in which case, after due proceedings, the action shall be dismissed.

D. If not waived, a request for service of citation upon the defendant shall be considered timely if requested on the defendant within the time period provided by this Article, notwithstanding insufficient or erroneous service.

Acts 2010, No. 407, §1; Acts 2014, No. 379, §2, eff. May 30, 2014; Acts 2017, No. 419, §1.
La. Code Crim. Proc. art. 220 — LA Code / Code code-of-criminal-procedure / Article 220
Submission to arrest; use of force
Status: in_force

A person shall submit peaceably to a lawful arrest. The person making a lawful arrest may use reasonable force to effect the arrest and detention, and also to overcome any resistance or threatened resistance of the person being arrested or detained.