FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3393 — LA Code / Code code-of-civil-procedure / Article 3393
Reopening of succession
Status: in_force

A. After a succession representative has been discharged, if other property of the succession is discovered or for any other proper cause, upon the petition of any interested person, the court, without notice or upon such notice as it may direct, may order that the succession be reopened. The court may reappoint the succession representative or appoint another succession representative. The procedure provided by this Code for an original administration shall apply to the administration of a reopened succession in so far as applicable.

B. After formal or informal acceptance by the heirs or legatees or rendition of a judgment of possession by a court of competent jurisdiction, if other property is discovered, or for any other proper cause, upon the petition of any interested person, the court, without notice or upon such notice as it may direct, may order that the succession be opened or reopened, as the case may be, regardless of whether or not, theretofore, any succession proceedings had been filed in court. The court may appoint or reappoint the succession representative, if any, or may appoint another, or new, succession representative. The procedure provided by this Code, for an original administration, shall apply to the administration of successions formally or informally accepted by heirs or legatees and in successions where a judgment of possession has been rendered, in so far as same is applicable.

C. The reopening of a succession shall in no way adversely affect or cause loss to any bank, savings and loan association or other person, firm or corporation, who has in good faith acted in accordance with any order or judgment of a court of competent jurisdiction in any previous succession proceedings.

Amended by Acts 1970, No. 644, §1; Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Civ. Code art. 228 — LA Code / Code civil-code / Article 228
Child's obligation of obedience; parental correction
Status: in_force

A child shall obey his parents in all matters not contrary to law or good morals. Parents have the right and obligation to correct and discipline the child in a reasonable manner.

Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
La. Ch. Code art. 846 — LA Code / Code childrens-code / Article 846
Amendment of petition
Status: in_force

A. The petitioner may amend the petition at any time to cure defects of form, imperfection, omission, or uncertainty.

B. Prior to the adjudication hearing, the petitioner may amend the petition to include new allegations of fact or requests for adjudication.

C. After jeopardy begins pursuant to Article 811, a petition shall not be amended to include new allegations of fact or requests for adjudication.

D. On motion of the child that he has been prejudiced in his defense on the merits by defect of form, imperfection, omission, or uncertainty, the court may grant a continuance for a reasonable time. In determining whether the child has been prejudiced in his defense upon the merits, the court shall consider all circumstances of the case and the entire course of the prosecution.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2021, No 270, §1.
La. Civ. Code art. 957 — LA Code / Code civil-code / Article 957
Formal or informal acceptance
Status: in_force

Acceptance may be either formal or informal. It is formal when the successor expressly accepts in writing or assumes the quality of successor in a judicial proceeding. It is informal when the successor does some act that clearly implies his intention to accept.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 343 — LA Code / Code code-of-criminal-procedure / Article 343
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Amended by Acts 1968, No. 138, §1; Acts 1993, No. 834, §1, eff. June 22, 1993; Acts 2016, No. 613, §4, eff. Jan.1, 2017.
La. Civ. Code art. 449 — LA Code / Code civil-code / Article 449
Common things.
Status: in_force

Common things may not be owned by anyone. They are such as the air and the high seas that may be freely used by everyone conformably with the use for which nature has intended them.

Acts 1978, No. 728, §1.
La. Civ. Code art. 1935 — LA Code / Code civil-code / Article 1935
Time when acceptance of a revocable offer is effective
Status: in_force

Unless otherwise specified by the offer or the law, an acceptance of a revocable offer, made in a manner and by a medium suggested by the offer or in a reasonable manner and by a reasonable medium, is effective when transmitted by the offeree.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 88 — LA Code / Code civil-code / Article 88
Impediment of existing marriage
Status: in_force

A married person may not contract another marriage.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 4274 — LA Code / Code code-of-civil-procedure / Article 4274
Compensation of tutor
Status: in_force

The court shall allow the tutor reasonable compensation for his services annually, which shall not exceed ten percent of the annual revenues of the minor's property, unless increased by the court upon proper showing that this would be inadequate.

Amended by Acts 1966, No. 36, §1.
La. Civ. Code art. 641 — LA Code / Code civil-code / Article 641
Persons having the servitude.
Status: in_force

A right of use may be established in favor of a natural person or a legal entity.

Acts 1976, No. 103, §1.
La. Ch. Code art. 644 — LA Code / Code childrens-code / Article 644
Duties of curator ad hoc
Status: in_force

A. The curator ad hoc shall make a diligent effort to locate the parent and notify him of the pendency and nature of the proceedings. Such notice shall include:

(1) The allegations made against the parent.

(2) The right of the parent to appear at the hearing, to defend against the allegations, and to compel the attendance of witnesses in his behalf.

(3) The right of the parent to retain counsel, or to have counsel appointed if indigent.

(4) The possibility that the parent may be able to enter into an informal adjustment agreement, to consent to judgment, or to transfer custody, with the consent of the court.

(5) The parent's responsibility to notify the department and his counsel in writing of his current whereabouts, including his address, cellular number, telephone number, and any other contact information, and that if he fails to do so, the law authorizes hearings to be held in his absence.

(6) The parent's responsibility to notify the department and the court in writing of the current whereabouts, including address, cellular number, telephone number, and any other contact information, of the child's other parent and any relative or other individual willing and able to offer a wholesome and stable home for the child.

(7) The parent's responsibility to support the achievement of timely permanency for the child.

(8) The parent's responsibility to advise the department and the court in writing of the whereabouts, including the address, cellular number, telephone number, and any other contact information, of all grandparents, all parents of a sibling where such parent has legal custody of such sibling, and all other adult relatives of the child.

(9) The possibility that a judicial certification for adoption proceeding may be initiated if the child remains in the custody of the state.

B. If the curator ad hoc fails to locate the parent, the curator ad hoc shall attend the hearing of this matter, submit a note of evidence on the record indicating the efforts made to locate the parent, and proceed contradictorily unless the parent is subsequently served or waives objection to jurisdiction. Proceedings held contradictorily with the curator ad hoc shall be of full force and legal effect against the parent.

C. If the parent is subsequently served in accordance with either Article 640 or 641 or is located by the curator ad hoc, the curator ad hoc shall be required only to attend the hearing and submit a note of evidence on the record indicating the efforts made to locate the parent.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1997, No. 578, §4; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2006, No. 248, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
La. Civ. Code art. 1904 — LA Code / Code civil-code / Article 1904
Obligation of the surety
Status: in_force

Confusion of the qualities of obligee and obligor in the person of the principal obligor extinguishes the obligation of the surety.

Confusion of the qualities of obligee and obligor in the person of the surety does not extinguish the obligation of the principal obligor.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2644 — LA Code / Code civil-code / Article 2644
Performance by debtor before knowledge of assignment
Status: in_force

When the debtor, without knowledge or notice of the assignment, renders performance to the assignor, such performance extinguishes the obligation of the debtor and is effective against the assignee and third persons.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 1426 — LA Code / Code code-of-civil-procedure / Article 1426
Protective orders
Status: in_force

A. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition, the court in the district where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

(1) That the discovery not be had.

(2) That the discovery may be had only on specified terms and conditions, including a designation of the time or place.

(3) That the discovery may be had only by a method of discovery other than that selected by the party seeking discovery.

(4) That certain matters not be inquired into, or that the scope of the discovery be limited to certain matters.

(5) That discovery be conducted with no one present except persons designated by the court.

(6) That a deposition after being sealed be opened only by order of the court.

(7) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way.

(8) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the courts.

B. If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of Article 1469 apply to the award of expenses incurred in relation to the motion.

C. No provision of this Article authorizes a court to issue a protective order preventing or limiting discovery or ordering records sealed if the information or material sought to be protected relates to a public hazard or relates to information which may be useful to members of the public in protecting themselves from injury that might result from such public hazard, unless such information or material sought to be protected is a trade secret or other confidential research, development, or commercial information.

D. Any portion of an agreement or contract which has the purpose or effect of concealing a public hazard, any information relating to a public hazard, or any information which may be useful to members of the public in protecting themselves from injury that might result from a public hazard is null and shall be void and unenforceable as contrary to public policy, unless such information is a trade secret or other confidential research, development, or commercial information.

E. Any substantially affected person or any representative of the news media has standing to contest any order or judgment that violates the provisions of Paragraph C of this Article or any agreement or contract contrary to public policy pursuant to Paragraph D of this Article.

Acts 1976, No. 574, §1; Acts 1995, No. 49, §1.
La. Civ. Code art. 814 — LA Code / Code civil-code / Article 814
Rescission of partition for lesion
Status: in_force

An extrajudicial partition may be rescinded on account of lesion if the value of the part received by a co-owner is less by more than one-fourth of the fair market value of the portion he should have received.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Civ. Code art. 1885 — LA Code / Code civil-code / Article 1885
Novation of solidary obligation
Status: in_force

A novation made by the obligee and one of the obligors of a solidary obligation releases the other solidary obligors.

In that case, the security given for the performance of the extinguished obligation may be retained by the obligee only on property of that obligor with whom the novation has been made.

If the obligee requires that the other co-obligors remain solidarily bound, there is no novation unless the co-obligors consent to the new obligation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 3015 — LA Code / Code civil-code / Article 3015
Liability of several principals
Status: in_force

Multiple principals for an affair common to them are solidarily bound to their mandatary.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Civ. Code art. 2315.5 — LA Code / Code civil-code / Article 2315.5
Wrongful death and survival action; exception
Status: in_force

Notwithstanding any other provision of law to the contrary, the surviving spouse, parent, or child of a deceased, who has been convicted of a crime involving the intentional killing or attempted killing of the deceased, or, if not convicted, who has been judicially determined to have participated in the intentional, unjustified killing or attempted killing of the deceased, shall not be entitled to any damages or proceeds in a survival action or an action for wrongful death of the deceased, or to any proceeds distributed in settlement of any such cause of action. In such case, the other child or children of the deceased, or if the deceased left no other child surviving, the other survivors enumerated in the applicable provisions of Articles 2315.1(A) and 2315.2(A), in order of preference stated, may bring a survival action against such surviving spouse, parent, or child, or an action against such surviving spouse, parent, or child for the wrongful death of the deceased.

An executive pardon shall not restore the surviving spouse's, parent's, or child's right to any damages or proceeds in a survival action or an action for wrongful death of the deceased.

Acts 1987, No. 690, §1; Acts 1991, No. 180, §1.
La. Ch. Code art. 1019 — LA Code / Code childrens-code / Article 1019
Contents of the petition
Status: in_force

A. The petition shall set forth with specificity:

(1) The name, date, and place of birth, sex, race, and address of the child. If the child is in a foster home, the identification of the parish in which he resides shall suffice for his address.

(2) The name and current address of the child's parents.

(3) The name, age, and sex of any other biological relatives of the child who are currently living with the child in his home.

(4) The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by the family.

(5) A statement as to whether the petitioner knows or has reason to know that the child is an Indian child and facts that support that statement.

B. If any of the information required by Paragraph A of this Article is unknown, the petition shall so allege. Any defects in the information required by Paragraph A of this Article shall be considered defects of form. The petitioner shall inform the court if he subsequently discovers information indicating that the child is an Indian child.

C. The petition shall allege facts that constitute the grounds necessary for the termination of parental rights as set forth in Article 1015 or 1015.1.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1997, No. 256, §1; Acts 2018, No. 296, §1; Acts 2024, No. 92, §1.
La. Code Civ. Proc. art. 74.4 — LA Code / Code code-of-civil-procedure / Article 74.4
Action on an open account or a promissory note
Status: in_force

A. An action to collect an open account may be brought in the parish where the open account was created or where the services that formed the basis of such open account were performed, or in the parish of the domicile of the debtor.

B. An action on a promissory note may be brought in the parish where the promissory note was executed or in the parish of the domicile of the debtor.

Acts 2007, No. 433, §1; Acts 2008, No. 357, §1, eff. June 26, 2008.
La. Civ. Code art. 1386 — LA Code / Code civil-code / Article 1386
Eviction through fault of coheir.
Status: in_force

The warranty ceases, if it be by the fault of the coheir, that he has suffered the eviction.
La. Code Crim. Proc. art. 493 — LA Code / Code code-of-criminal-procedure / Article 493
Joinder of offenses
Status: in_force

Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan; provided that the offenses joined must be triable by the same mode of trial.

Amended by Acts 1975, No. 528, §2.
La. Code Civ. Proc. art. 3155 — LA Code / Code code-of-civil-procedure / Article 3155
Creditor may compel executor to furnish security
Status: in_force

A person having a pecuniary claim against a testate succession, whether liquidated or not, or claiming the ownership of specific items of property in the possession of the succession, may compel the executor to furnish security in an amount exceeding by one-fourth the amount of the claim, or the value of the property as shown on the inventory or the descriptive list. His verified petition for security may be presented ex parte to the court, which shall order the executor to furnish such security within ten days of the service of the order upon him.
La. Civ. Code art. 1624 — LA Code / Code civil-code / Article 1624
Mention of cause for disinherison; burden of proof; reconciliation
Status: in_force

The testator shall express in the instrument the reason, facts, or circumstances that constitute the cause for the disinherison; otherwise, the disinherison is null. The reason, facts, or circumstances expressed in the instrument shall be presumed to be true. The presumption may be rebutted by a preponderance of the evidence, but the unsupported testimony of the disinherited heir shall not be sufficient to overcome the presumption.

Acts 2001, No. 573, §1, eff. June 22, 2001.
La. Code Crim. Proc. art. 991 — LA Code / Code code-of-criminal-procedure / Article 991
Order form to be used
Status: in_force

"

STATE OF LOUISIANA

JUDICIAL DISTRICT FOR THE PARISH OF

______________________________

No.: _____________

Division: "_______"

State of Louisiana

vs.

_______________________________________________________

ORDER

IT IS HEREBY ORDERED,

*

If there is an objection to the Motion for Expungement, the district attorney and the arresting law enforcement agency shall file a motion to object within sixty days of the service of this Order.

*

If the Louisiana Bureau of Criminal Identification and Information objects to the Motion for Expungement, they shall file a motion within 120 days of the service of this order (prior to August 1, 2015) and within 60 days of service of this order (after August 1, 2015).

*

NO CONTRADICTORY HEARING SHALL BE REQUIRED as evidenced by the "Affidavit of No Opposition" executed by each agency named herein and attached to the Motion for Expungement.

THUS ORDERED AND SIGNED this ____ day of _________________, 20 ____ at ______________, Louisiana, ___________________________.

___________________________

JUDGE

PLEASE SERVE:

1.

District Attorney:________________________________________________

2.

Louisiana Bureau of Criminal Identification and Information_____________

3.

Arresting Agency: ____________________________________________"

Acts 2014, No. 145, §1.
La. Code Crim. Proc. art. 783 — LA Code / Code code-of-criminal-procedure / Article 783
Excusing, tendering, and attachment of members of the venire
Status: in_force

A. The court may excuse a member of the petit jury venire at any time prior to the time he is sworn as a juror to try a particular case. The panel shall be selected from the remaining members of the petit jury venire. The court, either on its own motion, or that of the state or a defendant, may order the attachment of an absent and unexcused petit jury venireman.

B. If jury service, whether criminal or civil, would result in undue hardship or extreme inconvenience, the district court may excuse a person from such service either prior to or after his selection for the general venire, jury pool, or jury wheel. The court may take such action on its own initiative or on recommendation of an official or employee designated by the court.

C. No person or group of persons shall be automatically excused.

D. In the event a person is excused because jury service would result in undue hardship or extreme inconvenience, the court may order that person's name be placed again in the general venire or in a central jury pool.

Amended by Acts 1976, No. 212, §2; Acts 1977, No. 378, §1.
La. Code Crim. Proc. art. 621 — LA Code / Code code-of-criminal-procedure / Article 621
Motion; form; time for filing
Status: in_force

A motion for a change of venue may be filed by either the state or the defendant. It shall be filed in accordance with Article 521; or thereafter, in the discretion of the court, any time before the first witness is sworn at the trial of the merits. The motion shall be in writing, sworn to by mover or his counsel, and shall contain:

(1) Allegations of fact upon which the motion is based; and

(2) A statement that the motion is not made for the purpose of delay, but to obtain a fair and impartial trial.

A contradictory hearing shall be held upon the motion.

Amended by Acts 1970, No. 291, §1; Acts 1978, No. 735, §2.