FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 5181 — LA Code / Code code-of-civil-procedure / Article 5181
Privilege of proceeding without prior payment of costs
Status: in_force

A. Except as provided in Paragraph B of this Article, an individual who is unable to pay the costs of court because of poverty and lack of means may prosecute or defend a judicial proceeding, including a succession proceeding, in any trial or appellate court without paying the costs in advance or as they accrue or furnishing security therefor.

B. In the event any person seeks to prosecute a suit in a court of this state while incarcerated or imprisoned for the commission of a felony without paying the costs in advance as they accrue or furnishing security thereof, the court shall require such person to advance costs in accordance with the following schedule:

Prisoner's Present Assets Advance Cost To Be Paid

Minimum Maximum Minimum Maximum

Amount Amount Amount Amount

$ 0.00 $ 20.00 $ 0.00 $ 3.00

$ 20.01 $ 45.00 $ 3.00 $ 9.00

$ 45.01 $ 65.00 $ 9.00 $ 15.00

$ 65.01 $ 85.00 $ 15.00 $ 21.00

$ 85.01 $ 105.00 $ 21.00 $ 27.00

$ 105.01 $ 125.00 $ 27.00 $ 33.00

$ 125.01 $ 145.00 $ 33.00 $ 39.00

$ 145.01 $ 165.00 $ 39.00 $ 45.00

$ 165.01 $ 185.00 $ 45.00 $ 51.00

$ 185.01 $ 205.00 $ 51.00 $ 57.00

$ 205.01 $ 225.00 $ 57.00 $ 63.00

$ 225.01 $ 245.00 $ 63.00 $ 69.00

$ 245.01 $ 265.00 $ 69.00 $ 75.00

$ 265.01 $ 285.00 $ 75.00 $ 81.00

$ 285.01 $ 305.00 $ 81.00 $ 87.00

$ 305.01 $ 325.00 $ 87.00 $ 93.00

$ 325.01 $ 345.00 $ 93.00 $ 99.00

$ 345.01 $ 365.00 $ 99.00 $ 105.00

$ 365.01 Up $ 105.00 to all advance cost.

C. The court for good cause shown may require a prisoner to pay more or less advance cost than is required by the schedule in Paragraph B of this Article if the court finds that the prisoner's prior financial record makes reliance on his present economic status inappropriate.

Amended by Acts 1964, No. 336, §1; Acts 1972, No. 663, §1. Acts 1984, No. 509, §1; Acts 2025, No. 34, §1.
La. Ch. Code art. 1441 — LA Code / Code childrens-code / Article 1441
Placement pending hearing
Status: in_force

A. Unless the minor is currently hospitalized or under an emergency certificate, he shall be allowed to remain in his home or other place of residence pending an ordered examination and to return to his home or other place of residence upon completion of the examination.

B. An examining physician may execute an emergency certificate pursuant to Article 1422 if he deems that action appropriate. In such a case, the respondent shall be admitted pursuant to Article 1420 pending the hearing on the petition.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 2702 — LA Code / Code civil-code / Article 2702
Disturbance by third persons without claim of right
Status: in_force

Except as otherwise provided in Article 2700, the lessor is not bound to protect the lessee's possession against a disturbance caused by a person who does not claim a right in the leased thing. In such a case, the lessee may file any appropriate action against that person.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 1877 — LA Code / Code code-of-civil-procedure / Article 1877
Review of judgments and decrees
Status: in_force

All orders, judgments, and decrees under Articles 1871 through 1883 may be reviewed as other orders, judgments, and decrees.
La. Code Civ. Proc. art. 2417 — LA Code / Code code-of-civil-procedure / Article 2417
Garnishment in court other than one which rendered judgment
Status: in_force

The procedure in garnishment proceedings under the writ of fieri facias in a court other than that which rendered the judgment shall be the same as if the garnishment were in the court where the judgment was rendered, except:

(1) The judgment must be made executory in the court where the garnishment proceedings are filed, as provided in Article 2782; and

(2) The writ of fieri facias directed to the sheriff, constable, or marshal of the court where the garnishment proceedings are filed may be issued either by the court which rendered the judgment or by the court which made the judgment executory.

Amended by Acts 1961, No. 23, §1.
La. Ch. Code art. 1285.8 — LA Code / Code childrens-code / Article 1285.8
Interlocutory decree
Status: in_force

Upon due consideration of the factors enumerated in Article 1285.6(B), the court may grant or refuse to grant an interlocutory decree during or after the hearing. The basic consideration for this decree shall be the best interest of the child.

Acts 2013, No. 86, §1.
La. Code Civ. Proc. art. 3243 — LA Code / Code code-of-civil-procedure / Article 3243
Effect of acknowledgment of claim by representative
Status: in_force

The acknowledgment of a claim by the succession representative, as provided in Article 3242, shall:

(1) Entitle the creditor to have his claim included in the succession representative's petition for authority to pay debts, or in his tableau of distribution, for payment in due course of administration;

(2) Create a prima facie presumption of the validity of the claim, even if it is not included in the succession representative's petition for authority to pay debts, or in his tableau of distribution; and

(3) Suspend the running of prescription against the claim as long as the succession is under administration.
La. Ch. Code art. 1519 — LA Code / Code childrens-code / Article 1519
Hearing
Status: in_force

The petition shall be set for hearing on the record unless specifically waived by the court. If the Department of Children and Family Services, office of children and family services, has recommended that the petition for voluntary transfer of custody be filed, a representative for the department shall testify at the hearing with particularity the reasons for the recommendation. Further, the department representative shall specify why a child in need of care petition should not be filed and shall testify regarding the preventative services offered by the department to the petitioner to prevent the transfer of custody.

NOTE: Art. 1519 as amended by Acts 2025, No. 477, eff. October 1, 2027.

Art. 1519. Hearing

The petition shall be set for hearing on the record unless specifically waived by the court. If the Department of Children and Family Services, office of child welfare, has recommended that the petition for voluntary transfer of custody be filed, a representative for the department shall testify at the hearing with particularity the reasons for the recommendation. Further, the department representative shall specify why a child in need of care petition should not be filed and shall testify regarding the preventative services offered by the department to the petitioner to prevent the transfer of custody.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1; Acts 2025, No. 477, §1, eff. Oct. 1, 2027.
La. Code Civ. Proc. art. 3266 — LA Code / Code code-of-civil-procedure / Article 3266
Issuance of certificates of no opposition
Status: in_force

When no opposition has been filed to an application by a succession representative for an order or judgment of the court, pursuant to an Article of this Title, the clerk of court shall issue a certificate that no opposition has been filed. No further proof shall be required.

Acts 1993, No. 27, §1, eff. May 18, 1993.
La. Ch. Code art. 646 — LA Code / Code childrens-code / Article 646
Answer; appearance; objection
Status: in_force

A. The court shall require the parent to appear and to answer the petition at any time prior to the adjudication hearing but no later than fifteen days after the filing of the petition.

B. If the petition is filed prior to or during the hearing to determine continued custody, the court may order the parent to answer the petition upon completion of the hearing.

C. At the appearance, the court may either convene immediately a prehearing conference authorized by Article 646.1, or set a date for the conference.

D. At this hearing, the parent shall be asked to provide an electronic mail address at which the parent is willing to receive service and notice of future proceedings. The court shall advise the parent that once an electronic mail address is provided, all service and notice of future proceedings may be sent electronically until such time he provides notice to the court and all parties in writing or in open court that he is no longer able to receive service or notice at such address.

E. The court may schedule future hearings and serve notice in open court.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992; Acts 1999, No. 449, §1, eff. July 1, 1999; Acts 2015, No. 124, §1, eff. June 19, 2015.
La. Civ. Code art. 1292 — LA Code / Code civil-code / Article 1292
Undivided ownership rights until partition.
Status: in_force

When a person, at his decease, leaves several heirs, each of them becomes an undivided proprietor of the effects of the succession, for the part or portion coming to him, which forms among the heirs a community of property, as long as it remains undivided.
La. Civ. Code art. 625 — LA Code / Code civil-code / Article 625
Intervention by creditors of the usufructuary
Status: in_force

A creditor of the usufructuary may intervene and may prevent termination of the usufruct and delivery of the property to the naked owner by offering to repair the damages caused by the usufructuary and by giving security for the future.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Ch. Code art. 860 — LA Code / Code childrens-code / Article 860
Medical, sensory, psychological, and psychiatric examinations
Status: in_force

A. On its own motion or on the motion of the child or district attorney, the court may order any child subject to a motion to transfer to be examined by a physician, optometrist, audiologist, psychologist, or psychiatrist. Unless waived by the child, the examination shall not occur until five days after the clerk of court has notified all parties of the examination order.

B. Any examination shall be made and the findings submitted to the court within three days of the transfer hearing. This time period may be extended by the court for good cause.

C. Copies of any reports of findings submitted to the court shall be made available to counsel for all parties.

D. Unless the child has sought the examination or otherwise waives his privilege against self-incrimination, neither testimony about the report nor any of its contents is admissible in an adjudication hearing or later criminal trial, if any, which would violate the child's privilege against self-incrimination.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2010, No. 594, §1.
La. Code Civ. Proc. art. 2701 — LA Code / Code code-of-civil-procedure / Article 2701
Alienation of property to third person disregarded
Status: in_force

A mortgage or privilege evidenced by authentic act importing a confession of judgment, affecting property sold by the original debtor or his legal successor to a third person, may be enforced against the property without reference to any sale or alienation to the third person. The executory proceeding may be brought against the original debtor, his surviving spouse in community, heirs, legatees, or legal representative, as the case may be. The third person who then owns and is in possession of the property need not be made a party to the proceeding.
La. Civ. Code art. 685 — LA Code / Code civil-code / Article 685
Common fences.
Status: in_force

A fence on a boundary is presumed to be common unless there is proof to the contrary.

When adjoining lands are enclosed, a landowner may compel his neighbors to contribute to the expense of making and repairing common fences by which the respective lands are separated.

When adjoining lands are not enclosed, a landowner may compel his neighbors to contribute to the expense of making and repairing common fences only as prescribed by local ordinances.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 4864 — LA Code / Code code-of-civil-procedure / Article 4864
Appointment of judge ad hoc after recusal
Status: in_force

A. When a judge of a parish or city court recuses himself or is recused, another judge of the same court shall be appointed to try the cause, if that court has more than one division. The manner in which the judge is selected to try the cause shall be provided by rule of court. In all other cases, an ad hoc judge shall be appointed by the supreme court to try the cause.

B. When a justice of the peace recuses himself, another justice of the peace shall be appointed by the supreme court to try the cause.

Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1.
La. Code Civ. Proc. art. 4626 — LA Code / Code code-of-civil-procedure / Article 4626
Judgment ordering reimbursement or payment of amounts due co-owner out of proceeds of public sale
Status: in_force

A judgment ordering the public sale of property to effect a partition under the provisions of this Chapter shall order, out of the proceeds of such sale, all of the following:

(1) The reimbursement to a co-owner of the amount proven to be due the co-owner for the payment of taxes on the property, and the expenses of preservation of the property.

(2) The payment to a co-owner of the amount proven to be due the co-owner by another co-owner who has received and retained the fruits and revenues of the property.

Acts 2020, No. 281, §2, eff. June 11, 2020.
La. Civ. Code art. 2021 — LA Code / Code civil-code / Article 2021
Rights of third person in good faith
Status: in_force

Dissolution of a contract does not impair the rights acquired through an onerous contract by a third person in good faith.

If the contract involves immovable property, the principles of recordation apply to a third person acquiring an interest in the property whether by onerous or gratuitous title.

Acts 1984, No. 331, §1, eff. July 1, 1985; Acts 2005, No. 169, §2, eff. Jan. 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2025, No. 488, §1.
La. Code Civ. Proc. art. 2972 — LA Code / Code code-of-civil-procedure / Article 2972
Oppositions
Status: in_force

An opposition to the petition, motion, or other application of a party to a succession proceeding for an order or judgment of the court shall be in writing and be filed within the delay allowed. It shall comply with the provisions of Articles 853 through 863; shall state the name, surname, and domicile of the opponent; shall allege the interest of opponent in filing the opposition, and the grounds for opposing the petition, motion, or other application; and shall conclude with a prayer for appropriate relief.
La. Civ. Code art. 1833 — LA Code / Code civil-code / Article 1833
Authentic act
Status: in_force

A. An authentic act is a writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each notary public before whom it was executed. The typed or hand-printed name of each person shall be placed in a legible form immediately beneath the signature of each person signing the act.

B. To be an authentic act, the writing need not be executed at one time or place, or before the same notary public or in the presence of the same witnesses, provided that each party who executes it does so before a notary public or other officer authorized to perform that function, and in the presence of two witnesses and each party, each witness, and each notary public signs it. The failure to include the typed or hand-printed name of each person signing the act shall not affect the validity or authenticity of the act.

C. If a party is unable or does not know how to sign his name, the notary public must cause him to affix his mark to the writing.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2003, No. 965, §1, eff. Jan. 1, 2005.
La. Ch. Code art. 861 — LA Code / Code childrens-code / Article 861
Access to evidence; reports
Status: in_force

A. The child shall have all rights to discovery as provided for in Article 866.

B. In addition to the rights to review any report submitted pursuant to Article 860, the child shall have the right to review any report prepared regarding the transfer.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Crim. Proc. art. 743 — LA Code / Code code-of-criminal-procedure / Article 743
Exemption from arrest and service of process
Status: in_force

If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not, while in this state pursuant to such summons or order, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.

If a person passes through this state while going to another state in obedience to a summons or order to attend and testify in that state or while returning therefrom, he shall not, while so passing through this state be subject to arrest, or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons or order.
La. Code Civ. Proc. art. 695 — LA Code / Code code-of-civil-procedure / Article 695
Absent or mentally incompetent managing spouse
Status: in_force

If the managing spouse with respect to the community right sought to be enforced is an absentee or a mental incompetent, then the other spouse is the proper plaintiff to enforce that community right.

Added by Acts 1979, No. 711, §4, eff. Jan. 1, 1980.
La. Code Crim. Proc. art. 269 — LA Code / Code code-of-criminal-procedure / Article 269
Arrest prior to demand for extradition; issuance of warrant
Status: in_force

A judge may issue a warrant for the arrest of a person in this state, prior to a demand for extradition in conformity with Article 263, when on the oath or affidavit of a credible person, taken before a judge or clerk of court, the person to be arrested is charged with:

(1) Being a fugitive from justice of another state;

(2) Commission of a crime in another state; or

(3) Having been convicted of a crime in another state, and having escaped from confinement or having broken the terms of his bail, probation, parole, furlough, or reprieve.

In this article, "judge" means any judge of a district, city, or parish court with criminal jurisdiction.

Amended by Acts 1970, No. 292, §1.
La. Civ. Code art. 2683 — LA Code / Code civil-code / Article 2683
The lessee's principal obligations
Status: in_force

The lessee is bound:

(1) To pay the rent in accordance with the agreed terms;

(2) To use the thing as a prudent administrator and in accordance with the purpose for which it was leased; and

(3) To return the thing at the end of the lease in a condition that is the same as it was when the thing was delivered to him, except for normal wear and tear or as otherwise provided hereafter.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Ch. Code art. 832 — LA Code / Code childrens-code / Article 832
How mental incapacity is raised; effect
Status: in_force

A child's mental incapacity to proceed, as defined by this Title, may be raised at any time by the child, the district attorney, or the court. When the question of the child's mental incapacity to proceed is raised, there shall be no further steps in the delinquency proceeding, except the filing of a delinquency petition, until counsel is appointed and notified in accordance with Article 809(C) and the child is found to have the mental capacity to proceed.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2004, No. 485, §1, eff. Jan. 1, 2005.
La. Code Crim. Proc. art. 905 — LA Code / Code code-of-criminal-procedure / Article 905
Capital cases; sentencing hearing required; delay; waiver
Status: in_force

A. Following a verdict or plea of guilty in a capital case, a sentence of death may be imposed only after a sentencing hearing as provided herein.

B. Following a conviction by trial or guilty plea in a capital case, on joint motion of the state and the defendant, the court may impose a sentence of life imprisonment without benefit of parole, probation, or suspension of sentence without conducting a sentencing hearing. The court may refuse to grant the joint motion and order that a sentencing hearing be conducted.

C. If a sentencing hearing will be conducted, the hearing shall not commence sooner than twelve hours after a verdict or plea of guilty, except on joint motion of the state and the defendant.

Added by Acts 1976, No. 694, §1. Acts 1993, No. 935, §1; Acts 1995, No. 434, §1.
La. Code Crim. Proc. art. 860 — LA Code / Code code-of-criminal-procedure / Article 860
Form, content, and trial of motion in arrest
Status: in_force

A motion in arrest of judgment shall be in writing, shall state the ground upon which it is based, and shall be tried contradictorily with the district attorney.
La. Civ. Code art. 3344 — LA Code / Code civil-code / Article 3344
Refusal for failure of original signature or proper certification; effect of recordation; necessity of proof of signature recordation of a duplicate
Status: in_force

A. Except as otherwise provided by law, the recorder shall refuse to record:

(1) An instrument that does not bear the original signature of a party.

(2) A judgment, administrative decree, or other act of a governmental agency that is not properly certified in a manner provided by law.

B. Recordation does not dispense with the necessity of proving that the signatures are genuine unless they are authenticated in the manner provided by law.

Acts 2005, No. 169, §1, eff. Jan. 1, 2006; Acts 2005, 1 st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2020, No. 254, §1.

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Code Crim. Proc. art. 17 — LA Code / Code code-of-criminal-procedure / Article 17
Inherent power and authority of courts
Status: in_force

A court possesses inherently all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders, including authority to issue such writs and orders as may be necessary or proper in aid of its jurisdiction. It has the duty to require that criminal proceedings shall be conducted with dignity and in an orderly and expeditious manner and to so control the proceedings that justice is done. A court has the power to punish for contempt.
La. Civ. Code art. 355 — LA Code / Code civil-code / Article 355
Petition for full or limited continuing tutorship
Status: in_force

When an unemancipated minor above the age of fifteen possesses less than two-thirds of the intellectual or adaptive functioning of a person of the same age with average intellectual or adaptive functioning, evidenced by standard testing procedures administered by competent persons or other relevant evidence acceptable to the court, the parents of the minor, or the person entitled to custody or tutorship of the minor if one or both parents are dead, incapacitated, or absent persons or if the parents are judicially separated or divorced or have never been married to each other, may, with the written concurrence of the coroner of the parish of the minor's domicile, petition the court of that district to place the minor under a full or limited continuing tutorship that shall not automatically end at any age but shall continue until revoked by the court of domicile. The petitioner shall not bear the coroner's costs or fees associated with securing the coroner's concurrence.

Added by Acts 1966, No. 496, §2. Amended by Acts 1974, No. 714, §1; Acts 1991, No. 107, §1; Acts 2016, No. 115, §1; Acts 2018, No. 164, §1; Acts 2020, No. 218, §1; Acts 2024, No. 123, §1.
La. Civ. Code art. 59 — LA Code / Code civil-code / Article 59
Reappearance of absent person; recovery of his inheritance
Status: in_force

If the person who is presumed to be dead or who has been declared dead reappears, he shall be entitled to recover his inheritance in the condition in which it is found from those who succeeded in his default and from their transferees by gratuitous title. He may also recover the net proceeds of things alienated and for the diminution of the value of things that has resulted from their encumbrance.

Acts 1990, No. 989, §1, eff. Jan. 1, 1991.