FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 4736 — LA Code / Code code-of-civil-procedure / Article 4736
Prohibition of eviction from tax sale property
Status: in_force

The procedures for eviction as provided by this Title shall be subject to the prohibitions and exceptions as provided by R.S. 47:2158.1 and 2231.1.

Acts 2022, No. 404, §2.
La. Ch. Code art. 780 — LA Code / Code childrens-code / Article 780
Removal of a child from parental custody or control; limitations; cooperation of state agencies
Status: in_force

A. The court shall not remove a child from the custody of his caretakers unless his welfare cannot, in the opinion of the court, be adequately safeguarded without such removal.

B. In support of any disposition removing a child from the caretaker's home, the court shall determine whether reasonable efforts have been made by public institutions and agencies to prevent or eliminate the need for removal of the child from his home and, after removal, to make it possible for the child to return home.

C. If a child is assigned to the custody of a public or private institution or agency, the court shall transmit with the judgment of disposition all relevant reports concerning the child and his family.

D. Any institution or agency to which a child is assigned shall:

(1) Report at least once every six months in writing concerning the whereabouts and condition of the child to the judge who rendered the judgment of disposition.

(2) Upon request, provide the court any information concerning the condition, supervision, treatment, or rehabilitation program of the child.

E. State agencies shall fully cooperate with any court which has authority with respect to the placement of a child in foster care for the purpose of locating a parent of the child. Such cooperation shall include making available all information obtained from the Federal Parent Locator Service.

Acts 1991, No. 235, §7; Acts 2007, No. 334, §1.
La. Ch. Code art. 639 — LA Code / Code childrens-code / Article 639
Notice of nature of proceedings; parental rights; form
Status: in_force

The following notice shall be served with a petition and summons on every parent whose child is the subject of a child in need of care proceeding:

"NOTICE

Louisiana law provides that the health, welfare, and safety of your child or children are of paramount importance and you can lose some or all of your parental rights regarding your children under certain circumstances.

The state has filed a petition that claims that your child is abused or neglected or is otherwise in need of care and asks the court to hold a hearing to determine whether these circumstances exist. If the court rules that your child is being abused or neglected or is otherwise in need of care, as defined by Louisiana law, your rights to have custody of your child, to visit your child, or to make decisions affecting your child will be seriously affected. You may also become liable for paying the costs of your child's care if custody is awarded to some other individual or to the state. If your child cannot be safely returned home and the court grants custody to some other suitable individual or to the state, a petition to terminate your parental rights may be filed.

You have the right to hire an attorney and are encouraged to do so. When you come to court, if you cannot afford to hire an attorney, you may qualify to have the court appoint one for you at state expense.

Whether or not you decide to hire an attorney, you have the right to attend all hearings of your case and must attend as summoned, and the right to call witnesses on your behalf, and to question those witnesses brought against you."

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2022, No. 272, §1.
La. Code Civ. Proc. art. 3396.5 — LA Code / Code code-of-civil-procedure / Article 3396.5
Independent administration when decedent dies intestate
Status: in_force

When a decedent dies intestate, all of the intestate successors may agree on the advisability of having an independent administration and collectively designate, in the application for administration of the decedent's estate, or thereafter, a qualified person to serve as independent administrator. In such case, the court shall enter an order granting independent administration and appointing the person designated in the application as independent administrator.

Acts 2001, No. 974, §1.
La. Code Civ. Proc. art. 5188 — LA Code / Code code-of-civil-procedure / Article 5188
Unsuccessful party condemned to pay costs
Status: in_force

Except as otherwise provided by Articles 1920 and 2164, if judgment is rendered against a party who has been permitted to litigate without the payment of costs, he shall be condemned to pay the costs incurred by him, in accordance with the provisions of Article 5186, and those recoverable by the adverse party. The failure of the indigent party to pay the costs specified in this Article shall not prevent entry of a judgment in favor of any party who is not responsible for the costs.

Acts 1993, No. 852, §1; Acts 2012, No. 741, §1.
La. Civ. Code art. 766 — LA Code / Code civil-code / Article 766
Resolutory condition.
Status: in_force

When the union of the two estates is made under resolutory condition, or if it cease by legal eviction, the servitude is suspended and not extinguished.

Acts 1977, No. 514, §1.
La. Ch. Code art. 1303.16 — LA Code / Code childrens-code / Article 1303.16
Special rules of evidence and procedure
Status: in_force

A. The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

B. An affidavit, document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.

C. A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.

D. Copies of bills for testing for parentage and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

E. Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

F. In a proceeding under this Chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

G. If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

H. A privilege against disclosure of communications between spouses does not apply in a proceeding under this Chapter.

I. The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this Chapter.

J. A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 2557 — LA Code / Code civil-code / Article 2557
Eviction and threat of eviction as grounds for suspension of payment
Status: in_force

A buyer who is evicted by the claim of a third person may withhold payment of the price until he is restored to possession, unless the seller gives security for any loss the buyer may sustain as a result of the eviction.

A seller who, in such a case, is unable or unwilling to give security may compel the buyer to deposit the price with the court until the right of the third person is adjudged. Also the buyer may deposit the price with the court, on his own initiative, to prevent the accrual of interest.

A buyer may not withhold payment of the price when the seller is not liable for a return of the price in case of eviction.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1279.5 — LA Code / Code childrens-code / Article 1279.5
Health insurance reimbursement
Status: in_force

A. Notwithstanding any provision of law to the contrary, any child in the custody of the department who is eligible for adoption and is placed in an approved adoptive home shall be eligible for dependent coverage under the prospective adoptive parents' health insurance policy pursuant to R.S. 22:1004. Any additional costs for the child to be added to the adoptive parents' health insurance policy shall not be paid for by the department, but the adoptive parents may qualify for premium assistance pursuant to Paragraph C of this Article.

B. Any child who is in the custody of the department or has been adopted from the custody of the department shall be qualified for Medicaid if the child meets the guidelines set forth pursuant to Part II of Chapter 8 of Title 46 of the Louisiana Revised Statues of 1950.

C. Any child in the custody of the department who is Medicaid eligible, is eligible for adoption, and has been placed in an approved prospective adoptive home or adopted from the custody of the department shall be considered for premium assistance for employer sponsored insurance pursuant to LAC 50:III.2311.

Acts 2013, No. 66, §1, eff. May 31, 2013.
La. Code Crim. Proc. art. 691 — LA Code / Code code-of-criminal-procedure / Article 691
Dismissal of prosecution by district attorney
Status: in_force

The district attorney has the power, in his discretion, to dismiss an indictment or a count in an indictment, and in order to exercise that power it is not necessary that he obtain consent of the court. The dismissal may be made orally by the district attorney in open court, or by a written statement of the dismissal signed by the district attorney and filed with the clerk of court. The clerk of court shall cause the dismissal to be entered on the minutes of the court.

Amended by Acts 1968, No. 142, §1.
La. Civ. Code art. 2927 — LA Code / Code civil-code / Article 2927
Applicability of the rules governing obligations
Status: in_force

In matters for which no special provision is made in this Title, the contract of deposit is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts".

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Ch. Code art. 1284.2 — LA Code / Code childrens-code / Article 1284.2
Findings
Status: in_force

The court shall issue a judgment recognizing the foreign adoption and rendering a final decree of adoption upon finding that:

(1) At least one of the adoptive parents is a domiciliary of the state of Louisiana.

(2) The original or a certified copy of the foreign adoption decree, together with a notarized transcript, has been filed and is presumed to have been granted in accordance with the law of the foreign country.

(3) The foreign adoption has been completed in accordance with the Hague Convention and the Intercountry Adoption Act.

(4) The child is either a permanent resident or a naturalized citizen of the United States.

(5) The petitioners have the ability to care for, maintain, and educate the child.

Acts 2013, No. 86, §1.
La. Civ. Code art. 2045 — LA Code / Code civil-code / Article 2045
Determination of the intent of the parties
Status: in_force

Interpretation of a contract is the determination of the common intent of the parties.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1439 — LA Code / Code childrens-code / Article 1439
Independent examination
Status: in_force

A. The minor respondent or his attorney shall have the right to seek an additional independent medical opinion, when necessary, in their discretion.

B. If the respondent is indigent, this opinion may be paid for by the MHAS, upon the approval of its executive director.

C. Reasonable compensation of the appointed examining physicians and all court costs shall be established by the court and ordered paid by the minor respondent or the petitioner in the discretion of the court. If it is determined by the court that the costs shall not be borne by the minor respondent or the petitioner, then compensation to the physicians and all court costs shall be paid from funds appropriated to the judiciary, but such court costs shall not exceed the sum of seventy-five dollars.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 1260 — LA Code / Code civil-code / Article 1260
Deterioration and damage to immovable, liability of donee.
Status: in_force

The donee, who collates in kind the immovable property given to him, is* accountable for the deteriorations and damage which have diminished its value, when caused by his fault or negligence.

* English translation of French text incomplete; should include "on his part."
La. Civ. Code art. 2433 — LA Code / Code civil-code / Article 2433
Incident of marriage; charge on the succession.
Status: in_force

The marital portion is an incident of any matrimonial regime and a charge on the succession of the deceased spouse. It may be claimed by the surviving spouse, even if separated from the deceased, on proof that the separation occurred without his fault.

Acts 1979, No. 710, §1.
La. Code Evid. art. 302 — LA Code / Code code-of-evidence / Article 302
Definitions
Status: in_force

The following definitions apply under this Chapter:

(1) The "burden of persuasion" is the burden of a party to establish a requisite degree of belief in the mind of the trier of fact as to the existence or nonexistence of a fact. Depending on the circumstances, the degree of belief may be by a preponderance of the evidence, by clear and convincing evidence, or as otherwise required by law.

(2) A "predicate fact" is a fact or group of facts which must be established for a party to be entitled to the benefits of a presumption.

(3) A "presumption" is an inference created by legislation that the trier of fact must draw if it finds the existence of the predicate fact unless the trier of fact is persuaded by evidence of the nonexistence of the fact to be inferred. As used herein, it does not include a particular usage of the term "presumption" where the content, context, or history of the statute indicates an intention merely to authorize but not to require the trier of fact to draw an inference.

(4) An "inference" is a conclusion that an evidentiary fact exists based on the establishment of a predicate fact.

Acts 1997, No. 577, §1.
La. Civ. Code art. 2362 — LA Code / Code civil-code / Article 2362
Alimentary obligation.
Status: in_force

An alimentary obligation imposed by law on a spouse is deemed to be a community obligation.

Acts 1979, No. 709, §1.
La. Code Civ. Proc. art. 864 — LA Code / Code code-of-civil-procedure / Article 864
Attorney subject to disciplinary action
Status: in_force

An attorney may be subjected to appropriate disciplinary action for a wilful violation of any provision of Article 863, or for the insertion of scandalous or indecent matter in a pleading.
La. Civ. Code art. 151 — LA Code / Code civil-code / Article 151
Proceeding for declaration of nullity of a marriage; interim incidental relief
Status: in_force

In a proceeding for declaration of nullity of a marriage, a court may award a party the incidental relief afforded in a proceeding for divorce.

Acts 1993, No. 108, §1, eff. Jan. 1, 1994.
La. Ch. Code art. 1303.19 — LA Code / Code childrens-code / Article 1303.19
Receipt and disbursement of payments
Status: in_force

A. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

B. If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:

(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(2) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.

C. The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to Paragraph B of this Article shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 5153 — LA Code / Code code-of-civil-procedure / Article 5153
Transferee in revocatory action; right to plead discussion
Status: in_force

When a revocatory action is brought by a creditor to set aside a transfer of property made by his debtor, the transferee may plead discussion to compel the creditor to obtain and execute a judgment against the debtor before setting the transfer aside.
La. Ch. Code art. 821 — LA Code / Code childrens-code / Article 821
Continued custody hearing
Status: in_force

A. At the outset of the continued custody hearing, if not before, the court shall advise the child of his rights to counsel pursuant to Articles 809 and 810.

B. At the continued custody hearing, the state and the child may produce witnesses, who shall be examined in the presence of the child and shall be subject to cross-examination. The child may also testify, subject to cross-examination.

C. Hearsay evidence shall be admissible.

D. If probable cause has not been demonstrated, the court shall order the child's release.

E. If probable cause has been demonstrated, the court may release the child. The court may also require bail or other security pursuant to Articles 823 through 825 if the court finds that such is necessary to secure the child's appearance for subsequent hearings.

F. Notwithstanding any other provisions of this Code to the contrary, and due to the expedited nature of these hearings, in a judicial district comprised of more than one parish, a continued custody hearing may be conducted in any parish in the judicial district.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 2008, No. 634, §1.
La. Code Civ. Proc. art. 1422.1 — LA Code / Code code-of-civil-procedure / Article 1422.1
Scope of discovery; records of the Louisiana Bureau of Criminal Identification and Information
Status: in_force

In civil proceedings, the records of the Louisiana Bureau of Criminal Identification and Information as defined in R.S. 15:577 shall be privileged and shall not be subject to discovery by third parties. The term "records" as used in this Article shall include but not be limited to"rap sheets", fingerprint records, or any other record created by or maintained by the bureau.

Acts 2003, No. 1199, §1.
La. Code Crim. Proc. art. 11 — LA Code / Code code-of-criminal-procedure / Article 11
Clerical and typographical errors disregarded
Status: in_force

Clerical and typographical errors in this Code shall be disregarded when the legislative intent is clear.
La. Code Civ. Proc. art. 3945 — LA Code / Code code-of-civil-procedure / Article 3945
Incidental order of temporary child custody; injunctive relief; exceptions
Status: in_force

A. The injunctive relief afforded either party to an action for divorce or other proceeding which includes a provision for the temporary custody of a minor child shall be governed by the additional provisions of this Article.

B. An ex parte order of temporary custody of a minor child shall not be granted unless:

(1) It clearly appears from specific facts shown by a verified petition or by supporting affidavit that immediate and irreparable injury will result to the child before the adverse party or his attorney can be heard in opposition.

(2) The applicant's attorney certifies to the court, in writing, either:

(a) The efforts which have been made to give the adverse party reasonable notice of the date and time such order is being presented to the court.

(b) The reasons supporting his claim that notice should not be required.

C. An ex parte order of temporary custody shall:

(1) Expire by operation of law within thirty days of signing of the order; however, the order may be extended for good cause shown at any time before its expiration for one period not exceeding fifteen days.

(2) Provide specific provisions for temporary visitation by the adverse party of not less than forty-eight hours during any fifteen-day period, unless the verified petition or supporting affidavit clearly demonstrates that immediate and irreparable injury will result to the child as a result of such visitation.

(3) Be endorsed with the date on which the ex parte order is signed and the date and hour of the rule to show cause.

D. The rule to show cause why the respondent should not be awarded the custody, joint custody, or visitation of the child shall be assigned for hearing not more than thirty days after signing of the ex parte order of temporary custody.

E. Any ex parte order not in compliance with the provisions of this Article is not enforceable, and is null and void.

F. In the event an ex parte order of temporary custody is denied, the court shall specifically allocate between the parents the time which the child shall spend with each parent at the hearing on the rule to show cause set pursuant to Paragraph D of this Article, unless immediate and irreparable injury will result to the child.

G. The provisions of this Article do not apply to any order of custody of a child requested in a verified petition alleging the applicability of the Domestic Abuse Assistance Act, R.S. 46:2131 et seq., Children's Code Article 1564 et seq., or the Post-Separation Family Violence Relief Act, R.S. 9:361 et seq.

Acts 1990, No. 1008, §4, eff. Jan. 1, 1991; Acts 1995, No. 1204, §1; Acts 1997, No. 374, §1; Acts 2009, No. 379, §1; Acts 2014, No. 619, §1.