FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 1872 — LA Code / Code code-of-civil-procedure / Article 1872
Interested parties may obtain declaration of rights, status, or other legal relations
Status: in_force

A person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
La. Code Crim. Proc. art. 215.2 — LA Code / Code code-of-criminal-procedure / Article 215.2
Detaining of persons on premises of correctional institution for questioning about contraband; detention for arrest
Status: in_force

A. A specifically authorized employee of a correctional institution may use reasonable force to detain a person for questioning on the premises of a correctional institution for a length of time not to exceed one hour, when he has reasonable cause to believe that the person is carrying contraband as defined in R.S. 14:402(D).

B. The specifically authorized employee, when he has reasonable cause to believe that the person is carrying contraband as defined in R.S. 14:402(D), may also detain such a person for arrest by a peace officer or for the procurement of a search warrant. The detention shall not constitute an arrest.

Added by Acts 1984, No. 236, §1.
La. Code Civ. Proc. art. 1444 — LA Code / Code code-of-civil-procedure / Article 1444
Motion to terminate; limit examination
Status: in_force

At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in Article 1426. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. The provisions of Article 1469 apply to the award of expenses incurred in relation to the motion.

Acts 1976, No. 574, §1.
La. Civ. Code art. 460 — LA Code / Code civil-code / Article 460
Construction of navigation facilities on public places by port commissions or municipalities.
Status: in_force

Port commissions of the state, or in the absence of port commissions having jurisdiction, municipalities may, within the limits of their respective jurisdictions, construct and maintain on public places, in beds of natural navigable water bodies, and on their banks or shores, works necessary for public utility, including buildings, wharves, and other facilities for the mooring of vessels and the loading or discharging of cargo and passengers.

Acts 1978, No. 728, §1.
La. Ch. Code art. 1196 — LA Code / Code childrens-code / Article 1196
Release of claims by alleged father; consent to adoption; Statement of Family History
Status: in_force

A. At any time following the birth of the child, any alleged or adjudicated father may execute an authentic act of consent to the adoption of his child, releasing any real or potential claims to the child, including a waiver of service for any subsequent adoption proceeding.

B. Such a consent shall be irrevocable upon execution.

C. Such a consent shall not be evidence of a confession, admission, or acknowledgment of paternity in any proceeding.

D. Any father who executes a release of claims shall also execute the Statement of Family History set forth in Article 1125. All other rights and duties set forth in Chapter 8 of Title XI shall be applicable as if the release were a surrender.

E. A father as described by Article 1193(2) shall not be authorized to execute a release of claims but may execute a surrender in accordance with Article 1122.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 2001, No. 567, §1.
La. Civ. Code art. 1794 — LA Code / Code civil-code / Article 1794
Solidary obligation for obligors
Status: in_force

An obligation is solidary for the obligors when each obligor is liable for the whole performance. A performance rendered by one of the solidary obligors relieves the others of liability toward the obligee.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1423 — LA Code / Code childrens-code / Article 1423
Coroner; notice; independent examination; discharge
Status: in_force

A. Upon admission of any minor by emergency certificate to a treatment facility, it shall be the duty of the director of the treatment facility immediately to notify the coroner of the parish in which the treatment facility is located of the admission, giving the following information if known:

(1) The minor's name, address, date of birth.

(2) Name of certifying physician, family psychiatric mental health nurse practitioner, or psychologist.

(3) Date and time of admission.

(4) The name and address of the treatment facility.

B. Within seventy-two hours of admission, the minor patient shall be independently examined by the coroner or his deputy who shall execute an emergency certificate pursuant to Article 1422, which shall be a necessary precondition to the person's continued confinement.

C. However, in the event that the coroner has made the initial examination and executed the first emergency commitment certificate, then a second examination shall be made within the seventy-two hour period set forth in this Article by any physician at the treatment facility where the minor patient is confined.

D. If from his examination the coroner concludes that the minor is not a proper subject for emergency admission, then the minor shall not be further detained in the treatment facility and shall be discharged by the director forthwith.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2012, No. 489, §1.
La. Ch. Code art. 1107.1 — LA Code / Code childrens-code / Article 1107.1
Intent to surrender for adoption
Status: in_force

During her pregnancy or thereafter, a mother of a child may execute an intent to surrender for adoption in accordance with Chapter 2-A of this Title.

Acts 2003, No. 564, §1.
La. Code Civ. Proc. art. 1264 — LA Code / Code code-of-civil-procedure / Article 1264
Unincorporated association
Status: in_force

Service on an unincorporated association is made by personal service on the agent appointed, if any, or in his absence, upon a managing official, at any place where the business of the association is regularly conducted. In the absence of all officials from the place where the business of the association is regularly conducted, service of citation or other process may be made by personal service upon any member of the association.
La. Civ. Code art. 567 — LA Code / Code civil-code / Article 567
Contracts affecting the usufructuary's liability
Status: in_force

The usufructuary may lease, alienate, or encumber his right. All such contracts cease of right at the end of the usufruct.

If the usufructuary leases, alienates, or encumbers his right, he is responsible to the naked owner for the abuse that the person with whom he has contracted makes of the property.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Civ. Code art. 3239 — LA Code / Code civil-code / Article 3239
Right of pursuit after sale of ship.
Status: in_force

Creditors having privileges on ships or other vessels, may pursue the vessel in the possession of any person who has obtained it by virtue of a sale; in this case, however, a distinction must be made between a forced and a voluntary sale.
La. Ch. Code art. 633 — LA Code / Code childrens-code / Article 633
Form of petition
Status: in_force

A. The petition shall contain a caption setting forth the name of the court and the title of the action. The petition shall be entitled, "The State of Louisiana in the Interest of..."

B. Allegations of fact shall be simple, concise, and direct and shall be set forth in numbered paragraphs. As far as practicable, each paragraph shall be limited to a single set of circumstances. Allegations of fact may be made on information and belief.

C. Failure to comply with formal requirements of this Article shall not be grounds for dismissal of a petition or invalidation of the proceedings unless it results in substantial prejudice.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 2014, No. 133, §1.
La. Code Civ. Proc. art. 1732 — LA Code / Code code-of-civil-procedure / Article 1732
Limitation upon jury trials
Status: in_force

A trial by jury shall not be available in:

(1) A suit where the amount of no individual petitioner's cause of action exceeds ten thousand dollars exclusive of interest and costs, except as follows:

(a) If an individual petitioner stipulates or otherwise judicially admits sixty days or more prior to trial that the amount of the individual petitioner's cause of action does not exceed ten thousand dollars exclusive of interest and costs, a defendant shall not be entitled to a trial by jury.

(b) If an individual petitioner stipulates or otherwise judicially admits for the first time less than sixty days prior to trial that the amount of the individual petitioner's cause of action does not exceed ten thousand dollars exclusive of interest and costs, any other party may retain the right to a trial by jury if that party is entitled to a trial by jury pursuant to this Article and has otherwise complied with the procedural requirements for obtaining a trial by jury.

(c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if, as a result of a compromise or dismissal of one or more claims or parties which occurs less than sixty days prior to trial, an individual petitioner stipulates or otherwise judicially admits that the amount of the individual petitioner's cause of action does not exceed ten thousand dollars exclusive of interest and costs, a defendant shall not be entitled to a trial by jury.

(2)(a) A suit commenced in a parish or city court, wherein the individual petitioner stipulates or otherwise judicially admits that the amount of the individual petitioner's cause of action does not exceed the amount in dispute to which the jurisdiction of the court is limited by Articles 4842 and 4843, exclusive of interest, penalties, attorney fees, and costs.

(b) The provisions of this Subparagraph shall not apply to delictual or quasi-delictual actions, which shall be governed by the provisions of Subparagraph (1) of this Article.

(3) A suit on an unconditional obligation to pay a specific sum of money, unless the defense thereto is forgery, fraud, error, want, or failure of consideration.

(4) A summary, executory, probate, partition, mandamus, habeas corpus, quo warranto, injunction, concursus, workers' compensation, emancipation, tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce proceeding.

(5) A proceeding to determine custody, visitation, alimony, or child support.

(6) A proceeding to review an action by an administrative or municipal body.

(7) All cases where a jury trial is specifically denied by law.

Acts 1983, No. 534, §1. Amended by Acts 1984, No. 301, §1; Acts 1987, No. 766, §1; Acts 1988, No. 147, §1; Acts 1989, No. 107, §1; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 661, §1; Acts 1999, No. 1363, §1; Acts 2004, No. 26, §2; Acts 2013, No. 391, §1; Acts 2020, 1st Ex. Sess., No. 37, §2, eff. Jan. 1, 2021.
La. Ch. Code art. 1352 — LA Code / Code childrens-code / Article 1352
Diversion; support provisions
Status: in_force

A. With the consent of the defendant, at any time prior to a trial on a charge of criminal neglect of family brought pursuant to R.S. 14:74 the court, in lieu of imposing the punishment herein before provided, may issue a support order, after considering the circumstances and financial ability of the defendant, directing the defendant to pay a certain sum, at such periods as the court directs, and to maintain health care insurance.

B. This support shall be ordered payable to the applicable payee.

C. The amount of support as set by the court may be increased or decreased as the circumstances may require.

D. The court may also require the defendant to enter into a recognizance, with or without surety, in order to insure the payment of support and the maintenance of health care insurance. The condition of the recognizance shall be that the defendant shall make his or her personal appearance in court whenever required to do so, and shall further comply with the terms of the order or of any subsequent modification thereof.

Acts 1993, No. 442, §2, eff. June 9, 1993.
La. Code Civ. Proc. art. 2854 — LA Code / Code code-of-civil-procedure / Article 2854
Search for testament
Status: in_force

If the testament is not in the possession of the petitioner, he shall pray that the court direct that a search be made for the testament by a notary of the parish. In its order directing the search, the court may order any person having in his possession or under his control any books, papers, or documents of the deceased, or any bank box, safety deposit vault, or other receptacle likely to contain the testament of the deceased, to permit the examination of the books, papers, and documents, and of the contents of the bank box, safety deposit vault, or other receptacle, by the notary.
La. Code Civ. Proc. art. 3321 — LA Code / Code code-of-civil-procedure / Article 3321
Interim allowance for maintenance during administration
Status: in_force

When a succession is sufficiently solvent, the surviving spouse, heirs, or legatees shall be entitled to a reasonable periodic allowance in money for their maintenance during the period of administration, if the court concludes that such an allowance is necessary, provided the sums so advanced to the spouse, heirs, or legatees are within the amount eventually due them. Such payments shall be charged to the share of the person receiving them.

A surviving spouse, heir, or legatee may compel the payment of an allowance during the administration by contradictory motion against the succession representative.

Notice of the filing of a petition for authority to pay an allowance, or of a contradictory motion to compel the payment of an allowance, shall be published once in the manner provided by law. The notice shall state that any opposition must be filed within ten days from the date of publication.
La. Code Civ. Proc. art. 4431 — LA Code / Code code-of-civil-procedure / Article 4431
Foreign tutor; authority and powers
Status: in_force

Upon producing proof of his appointment, a tutor or guardian of a minor residing outside Louisiana, appointed by a court outside Louisiana, may appear in court on behalf of the minor without qualifying as tutor according to the law of Louisiana, when no tutor has been appointed in this state. He may perform acts affecting the minor's property in Louisiana, when authorized by the court of the parish in which the property is situated, in the same manner as a tutor appointed by a court in Louisiana.

Whenever the action of an undertutor would be necessary, an undertutor ad hoc shall be appointed by the court.
La. Code Civ. Proc. art. 1064 — LA Code / Code code-of-civil-procedure / Article 1064
Additional parties
Status: in_force

Persons other than those made parties to the original action may be made parties to the reconventional demand.

Acts 1995, No. 858, §1.
La. Civ. Code art. 2629 — LA Code / Code civil-code / Article 2629
Effect against third persons
Status: in_force

An option, right of first refusal, or contract to sell that involves immovable property is effective against third persons only from the time the instrument that contains it is filed for registry in the parish where the immovable is located.

An option, right of first refusal, or contract to sell that involves movable property is effective against third persons who, at the time of acquisition of a conflicting right, had actual knowledge of that transaction.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 1845 — LA Code / Code civil-code / Article 1845
Confirmation of donation
Status: in_force

A donation inter vivos that is null for lack of proper form may be confirmed by the donor but the confirmation must be made in the form required for a donation.

The universal successor of the donor may, after his death, expressly or tacitly confirm such a donation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1585 — LA Code / Code civil-code / Article 1585
Universal legacy
Status: in_force

A universal legacy is a disposition of all of the estate, or the balance of the estate that remains after particular legacies.

A universal legacy may be made jointly for the benefit of more than one legatee without changing its nature.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 804 — LA Code / Code code-of-criminal-procedure / Article 804
Same; charge as to presumption of innocence, reasonable doubt, and several grades of offense
Status: in_force

A. In all cases the court shall charge the jury that:

(1) A person accused of crime is presumed by law to be innocent until each element of the crime, necessary to constitute his guilt, is proven beyond a reasonable doubt;

(2) It is the duty of the jury, in considering the evidence and in applying to that evidence the law as given by the court, to give the defendant the benefit of every reasonable doubt arising out of the evidence or out of the lack of evidence in the case; and

(3) It is the duty of the jury if not convinced of the guilt of a defendant beyond a reasonable doubt, to find him not guilty.

The court may, but is not required to, define "the presumption of innocence" or "reasonable doubt" or give any other or further charge upon the same than that contained in this article.

B. When there are several grades of an offense contained in a single count, the court shall charge the jury as to each grade of which the defendant could be found guilty. The court shall in that case also charge the jury that if it has a reasonable doubt as to any or all grades of the offense charged it shall find the defendant not guilty of that grade, or all grades of the offense, as the case may be.

Amended by Acts 1968, No. 144, §1.
La. Code Civ. Proc. art. 852 — LA Code / Code code-of-civil-procedure / Article 852
Pleadings allowed; replicatory pleadings prohibited
Status: in_force

The pleadings allowed in civil actions, whether in a principal or incidental action, shall be in writing and shall consist of petitions, exceptions, written motions, and answers. No replicatory pleadings shall be used and all new matter alleged in exceptions, contradictory motions, and answers, whether in a principal or incidental action, shall be considered denied or avoided.
La. Code Crim. Proc. art. 926.3 — LA Code / Code code-of-criminal-procedure / Article 926.3
Motion for testing of evidence
Status: in_force

A. Upon motion of the state or the petitioner, the district court may order the testing or examination of any evidence relevant to the offense of conviction in the custody and control of the clerk of court, the state, or the investigating law enforcement agency.

B. If the motion is made by the petitioner and the state does not expressly consent to the testing or examination, a motion made under this Article shall be granted only following a contradictory hearing at which the petitioner shall establish that good cause exists for the testing or examination. If the state does not expressly consent to the testing or examination and the motion made under this Article is granted following the contradictory hearing, the district attorney and investigating law enforcement agency shall not be ordered to bear any of the costs associated with the testing or examination.

Acts 2021, No. 104, §1.
La. Ch. Code art. 646.1 — LA Code / Code childrens-code / Article 646.1
Prehearing conference
Status: in_force

A. On its own motion or on motion of counsel, the court may convene a prehearing conference attended by the district attorney, the department, counsel for all parties, unrepresented parties, and such other persons as the court deems proper.

B. The prehearing conference may be conducted either in person or by telephone to consider any of the following:

(1) The consideration of alternatives to formal court proceedings when their use is appropriate and in the best interests of the child.

(2) Efforts to identify and locate an absent parent, and suitable relatives or other suitable individuals willing and able to offer a stable and safe home for the child.

(3) Whether there is an issue of paternity requiring the issuance of an order for immediate blood or tissue sampling in accordance with the provisions of R.S. 9:396 et seq.

(4) The simplification of the issues including the elimination of frivolous claims or defenses.

(5) The necessity or desirability of amendments to the petition.

(6) What material facts and issues exist without substantial controversy, and what material facts and issues are actually and in good faith controverted.

(7) Proof, stipulations regarding the authenticity of documents, and advance rulings from the court on the admissibility of the evidence.

(8) Limitations or restrictions on, or regulation of, the use of expert testimony.

(9) The control and scheduling of discovery.

(10) The identification of witnesses, documents, and exhibits.

(11) Such other matters as may aid in the disposition of the action.

C. The court shall render an order which recites the action taken at the prehearing conference, the amendments allowed to the petition, and the agreements made by the parties as to any of the matters considered, and which limits the issues for adjudication to those not disposed of by admissions or agreements of counsel. Such order controls the subsequent course of the action, unless modified at the adjudication hearing to prevent manifest injustice.

D. If counsel for any party fails to obey a prehearing order, or to appear at the prehearing and scheduling conference, or is substantially unprepared to participate in the conference, or fails to participate in good faith, the court, upon its own motion or on the motion of a party, after hearing, may make orders as are just, including orders provided in Code of Civil Procedure Article 1471(A)(2), (3), and (4). In lieu of or in addition to any other sanction, the court may require the party or counsel for the party, or both, to pay the reasonable expenses incurred by noncompliance with this Paragraph, including attorney fees.

Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
La. Civ. Code art. 448 — LA Code / Code civil-code / Article 448
Division of things.
Status: in_force

Things are divided into common, public, and private; corporeals and incorporeals; and movables and immovables.

Acts 1978, No. 728, §1.
La. Code Crim. Proc. art. 464 — LA Code / Code code-of-criminal-procedure / Article 464
Nature and contents of indictment
Status: in_force

The indictment shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall state for each count the official or customary citation of the statute which the defendant is alleged to have violated. Error in the citation or its omission shall not be ground for dismissal of the indictment or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice.