FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 1563 — LA Code / Code childrens-code / Article 1563
Declaratory judgment; appeal
Status: in_force

A. An action seeking a declaratory judgment may be brought by any parent, guardian, physician, or hospital in the juvenile court in the parish in which the child is present or is domiciled for the purposes of resolving any issue arising out of a dispute whether certain medical care or treatment should be extended in accordance with this Chapter.

B. An attorney shall be appointed to represent the child in all trial and appellate proceedings.

C. This proceeding shall be heard in chambers, confidentially and within forty-eight hours of the filing thereof.

D. Before entering any judgment approving the refusal or discontinuance of any medical or surgical care for a child, the court must find by clear and convincing evidence that the requirements of Article 1554 have been met.

E. Any appeal or application for writs to review the juvenile court's judgment in any appellate court shall be heard in chambers, confidentially and within forty-eight hours of the filing thereof.

F. Nothing in this Article shall be construed to require any court proceeding when a declaration authorized by Article 1557 has been executed or when the parent and the child's physician agree concerning the child's care, consistent with the requirements of this Chapter.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Evid. art. 606 — LA Code / Code code-of-evidence / Article 606
Disqualification of juror as witness
Status: in_force

A. At the trial. A member of the jury may not testify as a witness before that jury in the trial of the case in which he is sitting as a juror. If he is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.

B. Inquiry into validity of verdict or indictment. Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon his or any other juror's mind or emotions as influencing him to assent to or dissent from the verdict or indictment or concerning his mental processes in connection therewith, except that a juror may testify on the question whether any outside influence was improperly brought to bear upon any juror, and, in criminal cases only, whether extraneous prejudicial information was improperly brought to the jury's attention. Nor may his affidavit or evidence of any statement by him concerning a matter about which he would be precluded from testifying be received for these purposes.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Civ. Code art. 2464 — LA Code / Code civil-code / Article 2464
Price, essential elements
Status: in_force

The price must be fixed by the parties in a sum either certain or determinable through a method agreed by them. There is no sale unless the parties intended that a price be paid.

The price must not be out of all proportion with the value of the thing sold. Thus, the sale of a plantation for a dollar is not a sale, though it may be a donation in disguise.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 2604 — LA Code / Code civil-code / Article 2604
Buyer's right of inspection
Status: in_force

The buyer has a right to have a reasonable opportunity to inspect the things, even after delivery, for the purpose of ascertaining whether they conform to the contract.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1031 — LA Code / Code childrens-code / Article 1031
Time for setting termination of parental rights hearing
Status: in_force

The termination of parental rights hearing shall commence within sixty days after the date set for the appearance to answer the petition.

Acts 1991, No. 235, §10, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992; Acts 1997, No. 256, §1.
La. Civ. Code art. 1330 — LA Code / Code civil-code / Article 1330
Plaintiff's admission of defendant's heirship.
Status: in_force

He who sues another for a partition of the effects of a succession, confesses thereby that the person against whom the suit is brought is an heir.
La. Code Civ. Proc. art. 593.2 — LA Code / Code code-of-civil-procedure / Article 593.2
Class actions; forum non conveniens
Status: in_force

Notwithstanding the provisions of Article 123, within thirty days of the certification of a class under Article 591 by a different Louisiana court regarding the same transaction or occurrence and encompassing one or more of the same plaintiffs suing in the same capacities against one or more of the same defendants in the same capacities, any court where a related putative class action is pending may, upon contradictory motion, in the interests of justice and for good cause shown, transfer the putative class action to the district where the related action has been certified.

Acts 2012, No. 713, §1.
La. Civ. Code art. 611 — LA Code / Code civil-code / Article 611
Term; transfer of usufruct to another person.
Status: in_force

When the usufructuary is charged to restore or transfer the usufruct to another person, his right terminates when the time for restitution or delivery arrives.

Acts 1976, No. 103, §1.
La. Ch. Code art. 105 — LA Code / Code childrens-code / Article 105
Applicability of Code of Evidence
Status: in_force

Except as otherwise specially provided by this Code, the rules of evidence applicable to juvenile adjudication hearings in nondelinquency proceedings are those provisions of the Louisiana Code of Evidence applicable to civil cases. The rules of evidence applicable to delinquency proceedings and criminal trials of adults are those provisions of the Louisiana Code of Evidence applicable to criminal cases.

Acts 1991, No. 235, §1, eff. Jan. 1, 1992; Acts 1992, No. 705, §1, eff. July 6, 1992.
La. Civ. Code art. 333 — LA Code / Code civil-code / Article 333
Sale of mortgaged property by one claimant; inscription of legal mortgage of remaining minors.
Status: in_force

Whenever a special mortgage is given by a tutor to secure the rights of two or more minors, any of the minors, on attaining the age of majority or being emancipated, may cause the sale of the mortgaged property to satisfy the indebtedness of the tutor to him, after having discussed the other property of the debtor, in the following manner:

If the judge is of the opinion that the mortgaged property is sufficient to satisfy all of the demands of the major and minors, he shall order the sale of so much of the property as will satisfy the demand of the major, if susceptible of division, and the property so sold shall be free of the mortgage in favor of the remaining minors.

If the judge is of the opinion that the mortgaged property is not sufficient to meet the demands of the major and minors, or that it is not susceptible of division, he shall order the sale of the whole of the mortgaged property, and the release of the mortgage of the major and minors. The proceeds of the sale, after defraying the expenses thereof, shall be divided equally among the major and minors, giving each his virile share. The portion to be paid the minors shall be paid to their tutor.

When the judge orders the sale of the property, he shall order the inscription of the minor's legal mortgage in the manner heretofore provided. This inscription shall be made in the parish where the tutor resides within three days of the order, and in all other parishes where the tutor has immovable property within thirty days of the order.

Amended by Acts 1960, No. 30, §1, eff. Jan. 1, 1961.
La. Civ. Code art. 2824 — LA Code / Code civil-code / Article 2824
Payment of interest of partner.
Status: in_force

If a partnership continues to exist after the membership of a partner ceases, unless otherwise agreed, the partnership must pay in money the amount referred to in Article 2823 as soon as that amount is determined together with interest at the legal rate from the time membership ceases.

Acts 1980, No. 150, §1.
La. Civ. Code art. 2903 — LA Code / Code civil-code / Article 2903
Liberative prescription
Status: in_force

An action of the lender for damages because of alteration or deterioration of the thing lent and an action of the borrower for reimbursement of expenses are subject to a liberative prescription of one year. These prescriptions commence to run from the day of the return of the thing.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 3008 — LA Code / Code code-of-civil-procedure / Article 3008
Administration in default of security
Status: in_force

If the security required by the court under Article 3007 is not furnished within the delay allowed, on ex parte motion of the creditor, the court shall render a judgment annulling the judgment of possession, directing the cancellation of all inscriptions of the registry thereof, ordering an administration of the succession, and ordering the parties sent into possession to surrender to the administrator to be appointed thereafter all of the property of the deceased which they have received, and which they have not alienated.

Conventional mortgages and other encumbrances placed by the heirs, legatees, or surviving spouse in community on property so surrendered, and recorded prior to the cancellation of the inscription of the registry of the judgment of possession, shall retain their initial force and effect despite the administration of the succession.
La. Civ. Code art. 1283 — LA Code / Code civil-code / Article 1283
Collation of movables.
Status: in_force

When movables have been given, the donee is not permitted to collate them in kind; he is bound to collate for them by taking less, according to their appraised value at the time of the donation, if there be any annexed to the donation. In default thereof, recourse may be had to other evidence to establish the value of these movables at the time of the donation.
La. Civ. Code art. 369 — LA Code / Code civil-code / Article 369
Emancipation; when effective
Status: in_force

Judicial emancipation is effective when the judgment is signed. Emancipation by marriage is effective upon marriage. Limited emancipation by authentic act is effective when the act is executed.

Acts 2008, No. 786, §1, eff. Jan. 1, 2009.
La. Civ. Code art. 3527 — LA Code / Code civil-code / Article 3527
Louisiana immovables acquired by a spouse while domiciled in another state; death of the acquiring spouse while domiciled in another state
Status: in_force

Upon the death of a spouse domiciled outside this state, that spouse's immovables situated in this state and acquired by that spouse while domiciled outside this state, which are not community property under the law of this state, are subject to the same rights, in value only, in favor of the surviving spouse as provided by the law of the domicile of the deceased at the time of death.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Code Evid. art. 507 — LA Code / Code code-of-evidence / Article 507
Subpoena of lawyer or his representative in criminal cases
Status: in_force

A. General rule. Neither a subpoena nor a court order shall be issued to a lawyer or his representative to appear or testify in any criminal investigation or proceeding where the purpose of the subpoena or order is to ask the lawyer or his representative to reveal information about a client or former client obtained in the course of representing the client unless the court after a contradictory hearing has determined that the information sought is not protected from disclosure by any applicable privilege or work product rule; and all of the following:

(1) The information sought is essential to the successful completion of an ongoing investigation, prosecution, or defense.

(2) The purpose of seeking the information is not to harass the attorney or his client.

(3) With respect to a subpoena, the subpoena lists the information sought with particularity, is reasonably limited as to subject matter and period of time, and gives timely notice.

(4) There is no practicable alternative means of obtaining the information.

B. Waiver. Failure to object timely to non-compliance with the terms of this Article constitutes a waiver of the procedural protections of this Article, but does not constitute a waiver of any privilege.

C. Binding effect of determination; notice to client. The determination that a lawyer-client privilege is not applicable to the testimony shall not bind the client or former client unless the client or former client was given notice of the time, place, and substance of the hearing and had an opportunity fully to participate in that hearing.

D. Exceptions. This Article shall not apply in habitual offender proceedings when a lawyer is called as a witness for purposes of identification of his client or former client, or in post-conviction proceedings when a lawyer is called as a witness on the issue of ineffective assistance of the lawyer.

E. The procedural provisions and protections afforded by Paragraph A of this Article shall extend to lawyers serving as prosecutors in state, parish, or municipal courts, whether those functions are exercised in the name of the state of Louisiana or any parish or municipality, and whether the lawyer is the attorney general or assistant attorney general, a district attorney or assistant district attorney, or a parish or municipal prosecutor, and shall extend to lawyers employed by either house of the Louisiana Legislature.

Acts 1992, No. 376, §1, eff. Jan. 1, 1993; Acts 2007, No. 23, §1.
La. Ch. Code art. 1608 — LA Code / Code childrens-code / Article 1608
Interstate compact on the placement of children, adoption; enactment; purpose and policy
Status: in_force

NOTE: Art. 1608 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A. The Interstate Compact on the Placement of Children is hereby enacted into law and entered into with all other jurisdictions legally joining therein as set out herein in Articles 1608 through 1617.

B. It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(1) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(2) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(3) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

(4) Appropriate jurisdictional arrangements for the care of children will be promoted.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
La. Code Civ. Proc. art. 4392 — LA Code / Code code-of-civil-procedure / Article 4392
Final account
Status: in_force

A tutor may file a final account at any time after expiration of the tutorship.

The court shall order the filing of a final account upon the application of the former minor after the expiration of the tutorship, or upon the rendition of a judgment ordering the removal of a tutor or authorizing his resignation.
La. Civ. Code art. 1779 — LA Code / Code civil-code / Article 1779
Term presumed to benefit the obligor
Status: in_force

A term is presumed to benefit the obligor unless the agreement or the circumstances show that it was intended to benefit the obligee or both parties.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2434 — LA Code / Code civil-code / Article 2434
Quantum
Status: in_force

The marital portion is one-fourth of the succession in ownership if the deceased died without children, the same fraction in usufruct for life if he is survived by three or fewer children, and a child's share in such usufruct if he is survived by more than three children. In no event, however, shall the amount of the marital portion exceed one million dollars.

Acts 1979, No. 710, §1; Acts 1987, No. 289, §1.
La. Code Civ. Proc. art. 2412 — LA Code / Code code-of-civil-procedure / Article 2412
Method of service; delay for answering
Status: in_force

A.(1) The sheriff shall serve upon the garnishee the citation and a copy of the petition and of the interrogatories, together with a notice that a seizure is thereby effected against any property of or indebtedness to the judgment debtor.

(2) The judgment creditor shall send to the judgment debtor written notice of the filing of the garnishment petition by mail or electronic means. However, the notice provided to the judgment debtor shall have no effect on the validity of the seizure.

B. Service of garnishment petitions against the wages, salaries, or commissions of employees employed within the executive branch of state government shall be made in the following manner:

(1) For employees paid through the office of statewide uniform payroll of the division of administration, service shall be made on the said office.

(2) For all other employees not covered by Subparagraph (1) of this Paragraph, service shall be made only on the secretary of the department employing the debtor or on his designee.

C. Service shall be made in the manner provided for service of citation, except that if the garnishee is an individual, service must be personal. If the garnishee has concealed or absented himself with the purpose of avoiding personal service, the court may order that service be made in any other manner provided by law.

D. The garnishee shall file his sworn answers to the interrogatories within thirty days from the date of service made pursuant to this Article.

Acts 1999, No. 886, §1; Acts 2001, No. 250, §1; Acts 2004, No. 741, §1; Acts 2022, No. 265, §1.
La. Civ. Code art. 2659 — LA Code / Code civil-code / Article 2659
Application of general rules of sale
Status: in_force

The giving in payment is governed by the rules of the contract of sale, with the differences provided for in this Chapter.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Crim. Proc. art. 349.5 — LA Code / Code code-of-criminal-procedure / Article 349.5
Repealed by Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
Status: repealed

Acts 2010, No. 914, §1; Acts 2016, No. 613, §4, eff. Jan. 1, 2017.
La. Code Civ. Proc. art. 5187 — LA Code / Code code-of-civil-procedure / Article 5187
Compromise; dismissal of proceedings prior to judgment
Status: in_force

No compromise shall be effected unless all costs due these officers have been paid. Should any compromise agreement be entered into in violation of this article, each party thereto is liable to these officers for all costs due them at the time.

No judicial proceeding in which a party has been permitted to litigate without the payment of costs shall be dismissed prior to judgment, unless all costs due these public officers have been paid, or there is annexed to the written motion to dismiss the certificates of all counsel of record that no compromise has been effected or is contemplated.

No release of a claim or satisfaction of a judgment shall be effective between the parties to a judicial proceeding in which one of the parties has been permitted to litigate without the payment of costs unless all costs due the clerk of court have been paid. The clerk of court shall have a lien for the payment of such costs superior to that of any other party on any monies or other assets transferred in settlement of such claim or satisfaction of such judgment and shall be entitled to collect reasonable attorney's fees in any action to enforce this lien for the payment of such costs.

Amended by Acts 1982, No. 533, §1.
La. Civ. Code art. 644 — LA Code / Code civil-code / Article 644
Heritable right.
Status: in_force

A right of use is not extinguished at the death of the natural person or at the dissolution of any other entity having the right unless the contrary is provided by law or contract.

Acts 1976, No. 103, §1.
La. Civ. Code art. 3505.3 — LA Code / Code civil-code / Article 3505.3
Effect of extension on other obligors and obligees
Status: in_force

An extension of liberative prescription is effective against only the obligor granting it but benefits all joint obligees of an indivisible obligation and all solidary obligees.

An extension of liberative prescription by a principal obligor is effective against his surety. An extension of liberative prescription by a surety is effective only if the principal obligor has also granted it.

Acts 2013, No. 88, §1.
La. Code Crim. Proc. art. 712 — LA Code / Code code-of-criminal-procedure / Article 712
Discretionary grounds
Status: in_force

A motion for continuance, if timely filed, may be granted, in the discretion of the court, in any case if there is good ground therefor.
La. Civ. Code art. 1479 — LA Code / Code civil-code / Article 1479
Nullity of donation procured through undue influence
Status: in_force

A donation inter vivos or mortis causa shall be declared null upon proof that it is the product of influence by the donee or another person that so impaired the volition of the donor as to substitute the volition of the donee or other person for the volition of the donor.

Acts 1991, No. 363, §1.