FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 1990 — LA Code / Code civil-code / Article 1990
Obligor put in default by arrival of term
Status: in_force

When a term for the performance of an obligation is either fixed, or is clearly determinable by the circumstances, the obligor is put in default by the mere arrival of that term. In other cases, the obligor must be put in default by the obligee, but not before performance is due.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 895.2 — LA Code / Code code-of-criminal-procedure / Article 895.2
Probation; restitution for values of wildlife
Status: in_force

A. In all cases in which the defendant has been convicted of a crime which involves the illegal taking of wild birds, wild quadrupeds, or fish or other aquatic life in violation of the provisions of Title 56 of the Louisiana Revised Statutes of 1950 or of any rules and regulations promulgated thereunder, or any rules and regulations adopted by the Louisiana Wildlife and Fisheries Commission, the court shall, as a condition of probation, order civil restitution to the state of Louisiana, Department of Wildlife and Fisheries Conservation Fund, for the value of the said wild birds, wild quadrupeds, or fish or other aquatic life illegally taken. This restitution shall be in accordance with a schedule of wildlife and aquatic life species values promulgated by the Louisiana Wildlife and Fisheries Commission in accordance with the Administrative Procedure Act.

B. If any assessment of civil penalties has been paid in full to the Department of Wildlife and Fisheries, then the court shall not order the restitution provided for in Paragraph A as a condition of probation.

Acts 1988, No. 169, §1; Acts 2001, No. 804, §1.
La. Code Civ. Proc. art. 2855 — LA Code / Code code-of-civil-procedure / Article 2855
Return to order to search for testament
Status: in_force

If the notary finds any document which purports to be a testament of the deceased, he shall take possession of it, and produce it in court with his written return to the order directing the search. The original petitioner, or any other interested person, may petition for the probate of the testament so produced.

If the search is unsuccessful, despite diligent effort, the notary shall make his written return to this effect to the court.
La. Code Civ. Proc. art. 1 — LA Code / Code code-of-civil-procedure / Article 1
Jurisdiction defined
Status: in_force

Jurisdiction is the legal power and authority of a court to hear and determine an action or proceeding involving the legal relations of the parties, and to grant the relief to which they are entitled.
La. Civ. Code art. 2689 — LA Code / Code civil-code / Article 2689
Payment of taxes and other charges
Status: in_force

The lessor is bound to pay all taxes, assessments, and other charges that burden the thing, except those that arise from the use of the thing by the lessee.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 893 — LA Code / Code code-of-civil-procedure / Article 893
Pleading of damages
Status: in_force

A.(1) No specific monetary amount of damages shall be included in the allegations or prayer for relief of any original, amended, or incidental demand. The prayer for relief shall be for such damages as are reasonable in the premises except that if a specific amount of damages is necessary to establish the jurisdiction of the court, the right to a jury trial, the lack of jurisdiction of federal courts due to insufficiency of damages, or for other purposes, a general allegation that the claim exceeds or is less than the requisite amount is required. By interrogatory, an opposing party may seek specification of the amount sought as damages, and the response may thereafter be supplemented as appropriate.

(2) If a petition is filed in violation of this Article, the claim for a specific monetary amount of damages shall be stricken upon the motion of an opposing party, and the court may award attorney fees and costs against the person who signed the petition, the party on whose behalf the petition was filed, or both.

B. The provisions of Paragraph A of this Article shall not be applicable to a suit on a conventional obligation, promissory note, open account, or other negotiable instrument, for alimony or child support, on a tax claim, or in a garnishment proceeding.

C. The prohibitions in Paragraph A of this Article apply only to an original, amended, or incidental demand. Evidence at trial or hearing of a specific monetary amount of damages shall be adduced in accordance with the Louisiana Code of Evidence or other applicable law.

Added by Acts 1988, No. 443, §1, eff. Jan. 1, 1989. Amended by Acts 1989, No. 724, §1, eff. July 8, 1989; Acts 1992, No. 332, §1; Acts 2004, No. 334, §1; Acts 2021, No. 259, §2.
La. Code Crim. Proc. art. 362 — LA Code / Code code-of-criminal-procedure / Article 362
Custody with court order
Status: in_force

If the person in custody is being held by virtue of a court order, relief shall be granted only on the following grounds:

(1) The court has exceeded its jurisdiction;

(2) The original custody was lawful, but by some act, omission, or event which has since occurred, the custody has become unlawful;

(3) The order for the custody is deficient in some legal requisite;

(4) The order for the custody, although legal in form, imposes an illegal custody;

(5) The custodian is not the person allowed by law to detain the person in custody;

(6) He has been denied his right to a hearing in an extradition case, as provided in Article 267; or

(7) He is being held in custody prior to trial in violation of due process of law.

Amended by Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
La. Civ. Code art. 3438 — LA Code / Code civil-code / Article 3438
Presumption of precariousness
Status: in_force

A precarious possessor, such as a lessee or a depositary, is presumed to possess for another although he may intend to possess for himself.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Ch. Code art. 1448 — LA Code / Code childrens-code / Article 1448
Discharge; revocation
Status: in_force

A. The director shall notify the court in writing when a minor patient has been discharged or conditionally discharged.

B. The court may, if it finds it to be in the best interests of the minor, revoke the certificate or judgment of commitment.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 3185 — LA Code / Code civil-code / Article 3185
Privileges established only by law, stricti juris.
Status: in_force

Privilege can be claimed only for those debts to which it is expressly granted in this Code.
La. Code Crim. Proc. art. 351 — LA Code / Code code-of-criminal-procedure / Article 351
Habeas corpus; definition
Status: in_force

Habeas corpus is a writ commanding a person who has another in his custody to produce him before the court and to state the authority for the custody.

"Custody" as used in this Title means detention or confinement as a result of or incidental to an instituted or anticipated criminal proceeding.

The provisions of this Title are not available to persons entitled to file an application for post conviction relief under Title XXXI-A.

Amended by Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
La. Ch. Code art. 881 — LA Code / Code childrens-code / Article 881
Evidence
Status: in_force

A. The adjudication hearing in delinquency proceedings shall be conducted according to the provisions of the Code of Evidence applicable to criminal cases.

B. The child shall not be required to testify, and evidence obtained in violation of the child's rights under the Constitution of the United States or the Constitution of Louisiana shall not be admitted over objection.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 890.2 — LA Code / Code code-of-criminal-procedure / Article 890.2
Fines for individual defendants
Status: in_force

A. When a defendant has been convicted of a felony, and upon a determination that a defendant has the ability and resources available to pay an additional fine and that such a fine would not unduly burden the defendant's dependents, the court may impose as an additional fine or as a component of a fine the expected costs to the state of any imprisonment ordered by the court and prescribe the manner in which the fine shall be enforced and paid.

B. The additional fine or component of the fine may be imposed contingent upon the defendant's ability to pay the fine while incarcerated from any future sources of income the defendant may receive while incarcerated.

C. The Department of Public Safety and Corrections may determine the amount due the state in cases where the defendant is confined in a penal or correctional institution under the supervision of the department and render statements thereof, and such sworn statements shall be considered prima facie evidence of the amount due. If the defendant is committed to the department and confined in a parish jail or institution as provided for in R.S. 15:824(B), the amount of the additional fine or component of the fine shall be equal to the amount paid by the department to the parish sheriff or governing authority of those parishes in which the governing authority operates the parish jail, for keeping and feeding the individual in the parish jail.

D. The amount of reimbursement under this Article shall not be in excess of the per capita cost of care for maintaining inmates in the state correctional facility in which the inmate is housed. The funds collected from the fines imposed pursuant to this Article shall be distributed to the entity that expended the funds. However, ten percent of the funds shall go to the Crime Victims' Reparation Fund as provided in R.S. 46:1816.

Acts 1997, No. 751, §1.
La. Civ. Code art. 2376 — LA Code / Code civil-code / Article 2376
Rights of creditors.
Status: in_force

The creditors of a spouse, by intervention in the proceeding, may object to the separation of property or modification of their matrimonial regime as being in fraud of their rights. They also may sue to annul a judgment of separation of property within one year from the date of the rendition of the final judgment. After execution of the judgment, they may assert nullity only to the extent that they have been prejudiced.

Acts 1979, No. 709, §1.
La. Civ. Code art. 310 — LA Code / Code civil-code / Article 310
Liability for failure to make application.
Status: in_force

Relations who have neglected to cause a tutor to be appointed, are responsible for the damages which the minor may have suffered.

This responsibility is enforced against relations in the order according to which they are called to the inheritance of the minor, so that they are responsible only in case of the insolvency of him or them who precede them in that order, and this responsibility is not in solidum between relations who have a right to the inheritance in the same degree.
La. Civ. Code art. 665 — LA Code / Code civil-code / Article 665
Legal public servitudes
Status: in_force

Servitudes imposed for the public or common utility relate to the space which is to be left for the public use by the adjacent proprietors on the shores of navigable rivers and for the making and repairing of levees, roads, and other public or common works. Such servitudes also exist on property necessary for the building of levees and other water control structures on the alignment approved by the U.S. Army Corps of Engineers as provided by law, including the repairing of hurricane protection levees.

All that relates to this kind of servitude is determined by laws or particular regulations.

Acts 2006, No. 776, §1.
La. Code Civ. Proc. art. 1631 — LA Code / Code code-of-civil-procedure / Article 1631
Power of court over proceedings; exclusion of witnesses; mistrial
Status: in_force

A. The court has the power to require that the proceedings shall be conducted with dignity and in an orderly and expeditious manner, and to control the proceedings at the trial, so that justice is done.

B. The exclusion of witnesses is governed by Louisiana Code of Evidence Article 615.

C. The court on its own motion, or on the motion of any party, after hearing, may grant a mistrial.

Amended by Acts 1966, No. 36, §1; Acts 1988, No. 515, §2, eff. Jan. 1, 1989; Acts 1995, No. 411, §1.
La. Civ. Code art. 2355.1 — LA Code / Code civil-code / Article 2355.1
Judicial authorization to manage the community
Status: in_force

When a spouse is an absent person, the other spouse, upon showing that such action is in the best interest of the family, may be authorized by the court in a summary proceeding to manage, alienate, encumber, or lease community property that the absent spouse has the exclusive right to manage, alienate, encumber, or lease.

Acts 1990, No. 989, §2, eff. Jan. 1, 1991.
La. Civ. Code art. 248 — LA Code / Code civil-code / Article 248
Modes of establishment of tutorships.
Status: in_force

Tutorship by nature takes place of right, but the natural tutor must qualify for the office as provided by law. In every other kind of tutorship the tutor must be confirmed or appointed by the court, and must qualify for the office as provided by law.

Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.
La. Civ. Code art. 2014 — LA Code / Code civil-code / Article 2014
Importance of failure to perform
Status: in_force

A contract may not be dissolved when the obligor has rendered a substantial part of the performance and the part not rendered does not substantially impair the interest of the obligee.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2782 — LA Code / Code civil-code / Article 2782
Termination of annuity; absence of a designated term
Status: in_force

In the absence of a designated term, an annuity established in favor of a natural person terminates upon the death of that person, but one in favor of a juridical person is without effect.

Acts 2012, No. 258, §1, eff. Jan. 1, 2013.
La. Ch. Code art. 1015.2 — LA Code / Code childrens-code / Article 1015.2
Termination of parental rights; certain grounds; costs and fees
Status: in_force

A. A petitioner shall not be required to prepay nor be cast with court costs or costs of service or subpoena for the filing of the petition pursuant to Article 1015.1. The clerk of court shall immediately file and process the petition, regardless of the ability of the petitioner to pay court costs.

B. All court costs, attorney fees, costs of enforcement and modification proceedings, costs of appeals, evaluation fees, and expert witness fees incurred in filing, maintaining, or defending any proceeding in accordance with Article 1015.1 shall be paid by the perpetrator of the sex offense, including all costs of medical and psychological care for the sexually abused parent or for the child conceived as a result of the sex offense.

Acts 2016, No. 608, §1; Redesignated from Ch.C. Art. 1015.1 by Acts 2023, No. 271, §1, eff. June 9, 2023; Acts 2024, No. 92, §1.
La. Code Civ. Proc. art. 74 — LA Code / Code code-of-civil-procedure / Article 74
Action on offense or quasi offense
Status: in_force

An action for the recovery of damages for an offense or quasi offense may be brought in the parish where the wrongful conduct occurred, or in the parish where the damages were sustained. An action to enjoin the commission of an offense or quasi offense may be brought in the parish where the wrongful conduct occurred or may occur.

As used herein, the words "offense or quasi offense" include a nuisance and a violation of Article 667 of the Civil Code.

Amended by Acts 1962, No. 92, §1.
La. Civ. Code art. 2487 — LA Code / Code civil-code / Article 2487
Delivery excused until payment of price and for insolvency
Status: in_force

The seller may refuse to deliver the thing sold until the buyer tenders payment of the price, unless the seller has granted the buyer a term for such payment.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1261 — LA Code / Code childrens-code / Article 1261
Suspensive nature
Status: in_force

All appeals from any judgment rendered in accordance with this Title shall be suspensive in nature. There shall be no requirement for posting of bond. Otherwise, the appeal shall be governed by Chapter 9 of Title III.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 3186 — LA Code / Code civil-code / Article 3186
Privilege, definition.
Status: in_force

Privilege is a right, which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors, even those who have mortgages.
La. Civ. Code art. 626 — LA Code / Code civil-code / Article 626
Renunciation; rights of creditors.
Status: in_force

A usufruct terminates by an express written renunciation.

A creditor of the usufructuary may cause to be annulled a renunciation made to his prejudice.

Acts 1976, No. 103, §1.
La. Civ. Code art. 585 — LA Code / Code civil-code / Article 585
Extraordinary charges.
Status: in_force

The usufructuary is bound to pay the extraordinary charges that may be imposed, during the existence of the usufruct, on the property subject to it. If these charges are of a nature to augment the value of the property subject to the usufruct, the naked owner shall reimburse the usufructuary at the end of the usufruct only for the capital expended.

Acts 1976, No. 103, §1.
La. Code Crim. Proc. art. 358 — LA Code / Code code-of-criminal-procedure / Article 358
Transfer of custody; answer
Status: in_force

If the custody has been transferred prior to service of the writ, the person upon whom the writ was served shall state in his answer the name and address of the person to whom custody was transferred, the time of and the authority for the transfer, and the place where the person is then in custody.
La. Code Crim. Proc. art. 703 — LA Code / Code code-of-criminal-procedure / Article 703
Motion to suppress evidence
Status: in_force

A. A defendant adversely affected may move to suppress any evidence from use at the trial on the merits on the ground that it was unconstitutionally obtained.

B. A defendant may move on any constitutional ground to suppress a confession or statement of any nature made by the defendant.

C. A motion filed under the provisions of this Article must be filed in accordance with Article 521, unless opportunity therefor did not exist or neither the defendant nor his counsel was aware of the existence of the evidence or the ground of the motion, or unless the failure to file the motion was otherwise excusable. The court in its discretion may permit the filing of a motion to suppress at any time before or during the trial.

D. On the trial of a motion to suppress filed under the provisions of this Article, the burden of proof is on the defendant to prove the ground of his motion, except that the state shall have the burden of proving the admissibility of a purported confession or statement by the defendant or of any evidence seized without a warrant.

E.(1) An evidentiary hearing on a motion to suppress shall be held only when the defendant alleges facts that would require the granting of relief. The state may file an answer to the motion. The defendant may testify in support of a motion to suppress without being subject to examination on other matters. The defendant's testimony cannot be used by the state except for the purpose of attacking the credibility of the defendant's testimony at the trial on the merits.

(2) If the defendant testifies before the jury at the trial on the merits, he can be cross-examined on the whole case.

F. A ruling prior to trial on the merits, upon a motion to suppress, is binding at the trial. Failure to file a motion to suppress evidence in accordance with this Article prevents the defendant from objecting to its admissibility at the trial on the merits on a ground assertable by a motion to suppress.

G. When a ruling on a motion to suppress a confession or statement is adverse to the defendant, the state shall be required, prior to presenting the confession or statement to the jury, to introduce evidence concerning the circumstances surrounding the making of the confession or statement for the purpose of enabling the jury to determine the weight to be given the confession or statement.

A ruling made adversely to the defendant prior to trial upon a motion to suppress a confession or statement does not prevent the defendant from introducing evidence during the trial concerning the circumstances surrounding the making of the confession or statement for the purpose of enabling the jury to determine the weight to be given the confession or statement.

Amended by Acts 1975, No. 814, §1; Acts 1978, No. 746, §1; Acts 1980, No. 431, §1; Acts 1988, No. 515, §3, eff. Jan. 1, 1989.

{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
La. Code Civ. Proc. art. 1152 — LA Code / Code code-of-civil-procedure / Article 1152
Amendment of exceptions
Status: in_force

A defendant may amend his declinatory or dilatory exceptions by leave of court or with the written consent of the adverse party, at any time prior to the trial of the exceptions, so as to amplify or plead more particularly an objection set forth or attempted to be set forth in the original exception. A declinatory or a dilatory exception may not be amended so as to plead an objection not attempted to be set forth in the original exception.

A defendant may amend his peremptory exception at any time and without leave of court, so as to either amplify an objection set forth or attempted to be set forth in the original exception, or to plead an objection not set forth therein.
La. Civ. Code art. 1785 — LA Code / Code civil-code / Article 1785
Performance on term
Status: in_force

Performance on term must be in accordance with the intent of the parties, or with established usage when the intent cannot be ascertained.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 490 — LA Code / Code civil-code / Article 490
Accession above and below the surface.
Status: in_force

Unless otherwise provided by law, the ownership of a tract of land carries with it the ownership of everything that is directly above or under it.

The owner may make works on, above, or below the land as he pleases, and draw all the advantages that accrue from them, unless he is restrained by law or by rights of others.

Acts 1979, No. 180, §1.
La. Code Civ. Proc. art. 4862 — LA Code / Code code-of-civil-procedure / Article 4862
Motion to recuse
Status: in_force

A. When a written motion is made to recuse a judge of a parish or city court or a justice of the peace, not later than seven days after the judge or justice of the peace receives the motion from the clerk of court, the judge or justice of the peace shall either recuse himself, or the motion to recuse shall be tried in the manner provided by Article 4863.

B. If the motion to recuse fails to set forth a ground for recusal under Article 151, the judge or justice of the peace may deny the motion without the appointment of another judge or a hearing but shall provide written reasons for the denial.

Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1; Acts 2022, No 38, §1.
La. Civ. Code art. 3530 — LA Code / Code civil-code / Article 3530
Capacity of heir or legatee
Status: in_force

The capacity or unworthiness of an heir or legatee is determined under the law of the state in which the deceased was domiciled at the time of his death.

Nevertheless, with regard to immovables situated in this state, the legatee must qualify as a person under the law of this state.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 779 — LA Code / Code code-of-criminal-procedure / Article 779
Trial of misdemeanors
Status: in_force

A. A defendant charged with a misdemeanor in which the punishment, as set forth in the statute defining the offense, may be a fine in excess of one thousand dollars or imprisonment for more than six months shall be tried by a jury of six jurors, all of whom must concur to render a verdict.

B. The defendant charged with any other misdemeanor shall be tried by the court without a jury.

Amended by Acts 1968, No. 635, §1; Acts 1974, Ex.Sess., No. 23, §1, eff. Jan. 1, 1975; Acts 1975, 1st Ex.Sess., No. 16, §1, eff. Jan. 28, 1975; Acts 1979, No. 56, §1; Acts 1986, No. 852, §1, eff. July 10, 1986; Acts 1988, No. 202, §1.