FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3098 — LA Code / Code code-of-civil-procedure / Article 3098
Priority of appointment
Status: in_force

A. When the appointment as administrator or dative testamentary executor is claimed by more than one qualified person, except as otherwise provided by law, preference in the appointment shall be given by the court in the following order to:

(1) The best qualified among the surviving spouse, competent heirs or legatees, or the legal representatives of any incompetent heirs or legatees of the deceased.

(2) The best qualified of the nominees of the surviving spouse, of the competent heirs or legatees, or of the legal representatives of any incompetent heirs or legatees of the deceased.

(3) The best qualified of the creditors of the deceased or a creditor of the estate of the deceased, or a co-owner of immovable property with the deceased.

B. "Best qualified", as used in this Article, means the claimant best qualified personally, and by training and experience, to administer the succession.

Acts 1992, No. 778, §1; Acts 1993, No. 29, §1.
La. Code Crim. Proc. art. 980 — LA Code / Code code-of-criminal-procedure / Article 980
Contradictory hearing
Status: in_force

A. Any entity named in Article 979 of this Code that receives notice of the motion may object to the granting of a motion to expunge a record.

B.(1) Except as provided in Subparagraph (2) of this Paragraph, an objecting party shall file an affidavit of response with reasons for the objection in the record with service to the defendant within sixty days from the date of service of the motion and specifically state the grounds for the objection.

(2) If the Louisiana Bureau of Criminal Identification and Information objects to the granting of the motion to expunge a record, it shall file an affidavit of response with reasons for the objection in the record with service to the defendant within one hundred and twenty days from the date of the service of the motion until August 1, 2015. On August 1, 2015, and thereafter, if the Louisiana Bureau of Criminal Identification and Information objects to the granting of the motion to expunge a record, it shall file an affidavit of response with reasons for the objection in the record with service to the defendant within sixty days from the date of the service of the motion.

C. The court may grant an extension of time to file an objection not to exceed thirty days from the expiration of the original sixty days for a party to object.

D. Any objection timely filed shall have a contradictory hearing. If an objection is timely filed, the district attorney or an objecting party shall request that the matter be set for a contradictory hearing. A notice of hearing shall be served on the defendant and those persons provided for in Article 979 of this Code.

E. The objecting agency must show by a preponderance of the evidence why the motion of expungement should not be granted.

F. If no objection is filed by an agency listed under Article 979 of this Code, the defendant may waive the contradictory hearing, and the court shall grant the motion to expunge the record if the court determines that the mover is entitled to the expungement in accordance with law.

G. Any agency listed under Article 979 of this Code may expressly waive its time period to object by filing a formal "No Opposition" into the record.

Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.
La. Code Civ. Proc. art. 4655 — LA Code / Code code-of-civil-procedure / Article 4655
Service of process; delay for answer
Status: in_force

Service of citation and a copy of the petition in a concursus proceeding shall be made in the same form and manner, and the delays for answering are the same, as in an ordinary proceeding.
La. Code Civ. Proc. art. 2127.3 — LA Code / Code code-of-civil-procedure / Article 2127.3
Same; contempt
Status: in_force

The failure of the court reporter to file the transcript with the clerk no later than five days before the return date or any extension thereof shall subject such reporter to prosecution for contempt of court. Such contempt charges may be initiated by the trial judge or by the court of appeal on the court's own motion or on the motion of any party.

Amended by Act 1984, No. 525, §1; Acts 1997, No. 409, §1.
La. Civ. Code art. 3485 — LA Code / Code civil-code / Article 3485
Things susceptible of prescription
Status: in_force

All private things are susceptible of prescription unless prescription is excluded by legislation.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 3073 — LA Code / Code civil-code / Article 3073
Capacity and form
Status: in_force

When a compromise effects a transfer or renunciation of rights, the parties shall have the capacity, and the contract shall meet the requirement of form, prescribed for the transfer or renunciation.

Acts 2007, No. 138, §1.
La. Civ. Code art. 1774 — LA Code / Code civil-code / Article 1774
Time for fulfillment of condition that an event shall not occur
Status: in_force

If the condition is that an event shall not occur within a fixed time, it is considered as fulfilled once that time has elapsed without the event having occurred.

The condition is regarded as fulfilled whenever it is certain that the event will not occur, whether or not a time has been fixed.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 637 — LA Code / Code civil-code / Article 637
Nontransferable and nonheritable right.
Status: in_force

The right of habitation is neither transferable nor heritable. It may not be alienated, let, or encumbered.

Acts 1976, No. 103, §1.
La. Civ. Code art. 365 — LA Code / Code civil-code / Article 365
Emancipation
Status: in_force

There are three kinds of emancipation: judicial emancipation, emancipation by marriage, and limited emancipation by authentic act.

Acts 2008, No. 786, §1, eff. Jan. 1, 2009.
La. Code Crim. Proc. art. 884 — LA Code / Code code-of-criminal-procedure / Article 884
Sentence of fine with imprisonment for default
Status: in_force

A. If a sentence imposed includes a fine or costs, the sentence shall provide that in default of payment thereof the defendant shall be imprisoned for a specified period not to exceed one year; provided that where the maximum prison sentence which may be imposed as a penalty for a misdemeanor is six months or less, the total period of imprisonment upon conviction of the offense, including imprisonment for default in payment of a fine or costs, shall not exceed six months for that offense.

B. The provisions of this Article do not apply if the court has determined, pursuant to the provisions of Article 875.1, that payment in full of the aggregate amount of all financial obligations imposed upon the defendant would cause substantial financial hardship to the defendant or his dependents. In such cases, the provisions of Article 875.1 shall apply.

Amended by Acts 1968, Ex.Sess., No. 12, §1, emerg. eff. Dec. 27, 1968 at 11:00 A.M; Acts 2017, No. 260, §1, eff. Aug. 1, 2018; Acts 2018, No. 137, §1, eff. Aug. 1, 2018; Acts 2018, No. 668, §4, eff. Aug. 1, 2018; Acts 2019, No. 253, §2; Acts 2021, No. 313, §3A, see Act.
La. Civ. Code art. 962 — LA Code / Code civil-code / Article 962
Presumption of acceptance
Status: in_force

In the absence of a renunciation, a successor is presumed to accept succession rights. Nonetheless, for good cause the successor may be compelled to accept or renounce.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Civ. Proc. art. 1263 — LA Code / Code code-of-civil-procedure / Article 1263
Partnership
Status: in_force

Service of citation or other process on a partnership is made by personal service on a partner. Service of citation or other process on a partnership in commendam is made by personal service on a general partner. When the officer certifies that he is unable, after diligent effort, to make service in this manner, he may make personal service on any employee of suitable age and discretion at any place where the business of the partnership or partnership in commendam is regularly conducted.

Acts 2001, No. 512, §1.
La. Civ. Code art. 3116 — LA Code / Code civil-code / Article 3116
Disagreement among arbitrators; umpire.
Status: in_force

If the arbitrators disagree another shall decide, and that other is called an umpire.
La. Civ. Code art. 1331 — LA Code / Code civil-code / Article 1331
Collation in action of partition; time for deliberating.
Status: in_force

If a partition is to be made among the children or descendants of the deceased, and one of the heirs alleges that his coheir is bound to collate an immovable, which has been given him by the deceased, and requires that his coheir should decide on the manner in which he wishes to make this collation, the judge, if it be proved * that the coheir is bound to collate the property, shall order that the donee decide thereon, within a term to be fixed by the judge, which can not exceed three days from the day on which the order has been notified to him, if he or his representative is found in the place.

* English translation of French text incomplete; should include "or confessed."
La. Civ. Code art. 2316 — LA Code / Code civil-code / Article 2316
Negligence, imprudence or want of skill.
Status: in_force

Every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.
La. Code Civ. Proc. art. 2884 — LA Code / Code code-of-civil-procedure / Article 2884
Nuncupative testament by private act
Status: in_force

A. Except as provided in Article 2886, the nuncupative testament by private act must be proved by the testimony of at least three of the competent witnesses present when it was made. These witnesses must testify, in substance:

(1) That they recognize the testament presented to them as being the same that was written in their presence by the testator, or by another person at his direction, or which the testator had written or caused to be written out of their presence and which he declared to them contained his testament; and

(2) That they recognize their signatures and that of the testator, if they signed it, or the signature of him who signed for them, respectively, if they did not know how to sign their names.

B. 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. 11 — LA Code / Code civil-code / Article 11
Meaning of words
Status: in_force

The words of a law must be given their generally prevailing meaning.

Words of art and technical terms must be given their technical meaning when the law involves a technical matter.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
La. Civ. Code art. 2906 — LA Code / Code civil-code / Article 2906
Loan of nonfungible things
Status: in_force

A loan of a nonfungible thing, in the absence of contrary agreement, is not a loan for consumption, but is a loan for use.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 492 — LA Code / Code civil-code / Article 492
Separate ownership of part of a building.
Status: in_force

Separate ownership of a part of a building, such as a floor, an apartment, or a room, may be established only by a juridical act of the owner of the entire building when and in the manner expressly authorized by law.

Acts 1979, No. 180, §1.
La. Code Evid. art. 805 — LA Code / Code code-of-evidence / Article 805
Hearsay within hearsay
Status: in_force

Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided by legislation.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 1960 — LA Code / Code civil-code / Article 1960
Duress directed against third persons
Status: in_force

Duress vitiates consent also when the threatened injury is directed against the spouse, an ascendant, or descendant of the contracting party.

If the threatened injury is directed against other persons, the granting of relief is left to the discretion of the court.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 705 — LA Code / Code civil-code / Article 705
Servitude of passage
Status: in_force

The servitude of passage is the right for the benefit of the dominant estate whereby persons, animals, utilities, or vehicles are permitted to pass through the servient estate. Unless the title provides otherwise, the extent of the right and the mode of its exercise shall be suitable for the kind of traffic or utility necessary for the reasonable use of the dominant estate.

Acts 1977, No. 514, §1; Acts 2012, No. 739, §1.
La. Civ. Code art. 1596 — LA Code / Code civil-code / Article 1596
Accretion to intestate successors
Status: in_force

Any portion of the estate not disposed of under the foregoing rules devolves by intestacy.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 3265 — LA Code / Code civil-code / Article 3265
Privilege of carriers.
Status: in_force

The privilege of carriers, for the cost of transportation and incidental expenses, yields only to the charges which would arise on the sale of the goods.

The case is the same respecting the freight of goods carried on board a ship or other vessels [vessel].
La. Ch. Code art. 424 — LA Code / Code childrens-code / Article 424
Court-appointed special advocates (CASA); purpose
Status: in_force

The purpose of CASA is to advocate for timely placement of children in permanent, safe, and stable homes.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1997, No. 904, §1, eff. July 10, 1997; Acts 1999, No. 275, §1, eff. July 1, 1999.
La. Ch. Code art. 1020 — LA Code / Code childrens-code / Article 1020
Notice of right to counsel and effect of termination judgment; form
Status: in_force

Notice shall be issued by the clerk and served, together with a copy of the petition, on every parent against whom a proceeding is instituted under this Title and shall state:

"NOTICE

Louisiana law provides that you can permanently lose your rights as a parent. A petition has been filed requesting the court to terminate your parental rights to your child. A copy of the petition is attached to this notice. A court hearing of your case has been scheduled for the _____ day of __________, _____ at the __________ division of __________ court in the parish of __________. At this hearing, you will be asked to answer the petition by either admitting or denying the truth of the facts stated in the petition. If you admit those facts, you may also consent to the termination of your parental rights at this hearing. If you deny any or all of those facts, you will be given a date to return for a trial. If you fail to appear, the court can terminate your rights despite your absence. If the court at the trial finds that the facts set out in the petition are true and that termination of your rights will serve the best interests of your child, the court can enter a judgment ending your rights to your child. If the judgment terminates your parental rights, you will no longer have any rights to visit or to have custody of your child, or make any decisions affecting your child. Your child will be legally freed to be adopted by someone else. This is a very serious matter. You should contact a lawyer immediately so that you can be prepared for the court hearing. You have the right to hire a lawyer and to have him or her represent you. If you cannot afford to hire a lawyer, you may call the telephone number on the attached form for information concerning free legal aid. If free legal aid is not available, the court will appoint a lawyer at the scheduled hearing if the court finds that you are unable to pay some or all of the costs. Whether or not you decide to hire an attorney, you have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you. If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is __________."

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1997, No. 256, §1.
La. Ch. Code art. 762 — LA Code / Code childrens-code / Article 762
Consolidation of hearings
Status: in_force

The hearing on the petition to declare the family in need of services may be consolidated with a hearing on a petition to declare a child delinquent or a petition to declare a child in need of care.

Acts 1991, No. 235, §7.
La. Code Crim. Proc. art. 763 — LA Code / Code code-of-criminal-procedure / Article 763
Proceedings on holidays
Status: in_force

Trials and hearings may commence or continue on a holiday or half-holiday in the discretion of the court.
La. Civ. Code art. 1728 — LA Code / Code civil-code / Article 1728
Property not included in partition.
Status: in_force

If the partition, whether inter vivos or by testament, has not comprised all the property that the ascendant leaves on the day of his decease, the property not comprised in the partition is divided according to law.
La. Ch. Code art. 1606 — LA Code / Code childrens-code / Article 1606
Medical assistance
Status: in_force

A. Children for whom a party state is committed in accordance with the terms of an adoption assistance agreement to make adoption assistance payments are eligible for medical assistance during the entire period for which such payments are to be provided. Upon application therefor, the adoptive parents of a child on whose behalf a party state's duly constituted authorities have entered into an adoption assistance agreement shall receive a medical assistance identification made out in the child's name. The identification shall be issued by the medical assistance program of the residence state and shall entitle the child to the same benefits, pursuant to the same procedures, as any other child who is a resident of the state and covered by medical assistance, whether or not the adoptive parents are eligible for medical assistance.

B. The identification shall bear no indication that an adoption assistance agreement with another state is the basis for issuance. However, if the identification is issued on account of an outstanding adoption assistance agreement to which another state is a signatory, the records of the issuing state and the adoption assistance state shall show the fact and shall contain a copy of the adoption assistance agreement and any amendment or replacement therefor, and all other pertinent information. The adoption assistance and medical assistance programs of the adoption assistance state shall be notified of the identification issuance.

C. A state which has issued a medical assistance identification pursuant to this compact, which identification is valid and currently in force, shall accept, process, and pay medical assistance claims thereon as on any other medical assistance eligibilities of residents.

D. An adoption assistance state which provides medical services or benefits to children covered by its adoption assistance agreements, which services or benefits are not provided for those children under the medical assistance program of the residence state, may enter into cooperative arrangements with the residence state to facilitate the delivery and administration of such services and benefits. However, any such arrangements shall not be inconsistent with this compact nor shall they relieve the residence state of any obligation to provide medical assistance in accordance with its laws and this compact.

E. A child whose residence is changed from one party state to another party state shall be eligible for medical assistance under the medical assistance program of the new state of residence.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992.
La. Ch. Code art. 1455 — LA Code / Code childrens-code / Article 1455
Discretion of director
Status: in_force

A. Notwithstanding an order of judicial commitment, the director of the treatment facility to which the minor patient is committed is encouraged to explore treatment measures that are medically appropriate and less restrictive.

B. The director may at any time convert an involuntary commitment to a voluntary one should he deem that action medically appropriate. He shall inform the court of any action in that regard.

C. The director may discharge any minor patient if in his opinion discharge is appropriate. The director shall not be legally responsible to any person for the subsequent acts of behavior of a patient discharged in good faith.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 558 — LA Code / Code civil-code / Article 558
Improvements and alterations
Status: in_force

The usufructuary may make improvements and alterations on the property subject to the usufruct at his cost and with the written consent of the naked owner. If the naked owner fails or refuses to give his consent, the usufructuary may, after notice to the naked owner and with the approval of the court, make at his cost those improvements and alterations that a prudent administrator would make.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Ch. Code art. 783 — LA Code / Code childrens-code / Article 783
Parent's contribution to costs of care and treatment
Status: in_force

A. As a part of any judgment of disposition assigning a child to custody other than that of the child's parents, the court may, after giving the parent a reasonable opportunity to be heard, order that such parent contribute to the cost of care of the child in an amount commensurate with the parent's ability to pay for such care.

B. When any public agency or institution has provided or will provide payment for care and treatment of the child, the payments by the parent shall be made directly to that public agency or institution and shall, immediately upon receipt, be deposited in the state treasury. In the event of default in the payment of costs of care by the parent, the agency or institution may exercise all administrative and legal alternatives provided by law or regulation to enforce the provisions of this Article.

C. When care and treatment of the child is to be provided by some caretaker other than a public agency or institution, the payments by the parent shall be made according to the court's order. In the event of default in the payment of costs of care by the parent, he may be proceeded against as provided by Chapter 2 or 4 of Title XV, Chapter 1 of Title XIII,* or Title X.

Acts 1991, No. 235, §7.

*AS APPEARS IN ENROLLED BILL. TITLE XIII OF THE CHILDREN'S CODE WAS NOT ENACTED INTO LAW. SEE NOW, GENERALLY, R.S. 14:74 ET SEQ.
La. Civ. Code art. 1764 — LA Code / Code civil-code / Article 1764
Effects of real obligation
Status: in_force

A real obligation is transferred to the universal or particular successor who acquires the movable or immovable thing to which the obligation is attached, without a special provision to that effect.

But a particular successor is not personally bound, unless he assumes the personal obligations of his transferor with respect to the thing, and he may liberate himself of the real obligation by abandoning the thing.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1410 — LA Code / Code childrens-code / Article 1410
Violation of rights; reports; reports of abuse or neglect
Status: in_force

A. Alleged violations of the rights established by Article 1409 shall be reported immediately to the superintendent and there shall be a written record that:

(1) Each alleged violation has been thoroughly investigated and findings stated.

(2) The results of such investigation were reported to the superintendent within twenty-four hours of the report of the incident.

B. Abuse or neglect of any child shall be reported to a child protection agency in accordance with Chapter 5 of Title VI.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.