FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 729 — LA Code / Code code-of-criminal-procedure / Article 729
Time and scope of motion by defendant
Status: in_force

A motion for discovery by a defendant under this Chapter may be filed in accordance with Article 521 or within such reasonable time as the court may permit. The motion shall include all relief sought under this Chapter. A subsequent motion may be considered before trial, but only upon a showing that such motion would be in the interest of justice.

Added by Acts 1977, No. 515, §1. Amended by Acts 1978, No. 735, §2.
La. Code Crim. Proc. art. 28 — LA Code / Code code-of-criminal-procedure / Article 28
Issuance of summons or warrant of arrest
Status: in_force

If the magistrate is satisfied that there is just cause to fear that the defendant is about to commit the threatened offense, he shall issue a summons ordering the defendant to appear before him at a specified time and date. The magistrate may issue a warrant of arrest when imminent and serious harm is threatened.
La. Code Civ. Proc. art. 3442 — LA Code / Code code-of-civil-procedure / Article 3442
Administration of successions; procedure
Status: in_force

Except as otherwise provided by law, all of the rules applicable to the judicial opening of a succession, its administration, and sending the heirs or legatees into possession on its termination apply to the small succession.
La. Ch. Code art. 1306.15 — LA Code / Code childrens-code / Article 1306.15
Jurisdiction to modify child support order of foreign country
Status: in_force

A. Except as otherwise provided in Article 1307.11, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to Article 1306.11 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.

B. An order issued by a tribunal of this state modifying a foreign child support order pursuant to this Section is the controlling order.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 4549 — LA Code / Code code-of-civil-procedure / Article 4549
Temporary and preliminary interdiction; attorney
Status: in_force

A. Temporary Interdiction: (1) When the court finds that immediate and irreparable injury, loss, or damage will result to the person or property of the defendant before a hearing can be held, the court may order temporary interdiction without notice and without an adversarial hearing. In that order, the court shall state why the order was granted without notice and without an adversarial hearing and shall schedule a preliminary interdiction hearing to be held not more than ten days following the signing of the ex parte judgment of temporary interdiction. On motion of the defendant or for extraordinary reasons shown at a contradictory hearing, the court may continue the hearing for one additional period not to exceed ten days.

(2) A pleading requesting ex parte temporary interdiction shall be accompanied by all of the following:

(a) An affidavit by a licensed physician or psychologist attesting to facts supporting the claim that all grounds for temporary interdiction set forth in Civil Code Article 391 exist.

(b) A verified petition or affidavit attesting to facts supporting the claim that immediate and irreparable injury, loss, or damage will result to the person or property of the defendant before he or his attorney can be heard.

(c) An affidavit by the movant or his attorney attesting to the efforts made to give notice to the defendant or the reasons supporting a claim that notice should not be required.

B. Preliminary Interdiction: (1) The court shall not grant a judgment of preliminary interdiction prior to an adversarial hearing. The court shall conduct a preliminary interdiction hearing within twenty days of signing the order scheduling the hearing.

(2) No later than seventy-two hours prior to a preliminary interdiction hearing, all orders, pleadings, and supporting documents shall be served personally on the defendant and his attorney. To the extent possible, the movant shall give reasonable notice of the preliminary interdiction hearing to all other persons named in the petition.

C. Attorney. In an ex parte judgment of temporary interdiction and in every order scheduling a preliminary interdiction hearing, the court shall appoint an attorney to represent the defendant. If the defendant either retains his own attorney, or intelligently and voluntarily waives the assistance of an attorney, the court shall discharge the court-appointed attorney.

Acts 1983, No. 344, §1; Acts 1997, No. 1117, §2; Acts 2000, 1st Ex. Sess., No. 25, §3, eff. July 1, 2001; Acts 2003, No. 1008, §2.
La. Code Crim. Proc. art. 642 — LA Code / Code code-of-criminal-procedure / Article 642
How mental incapacity is raised; effect
Status: in_force

The defendant's mental incapacity to proceed may be raised at any time by the defense, the district attorney, or the court. When the question of the defendant's mental incapacity to proceed is raised, there shall be no further steps in the criminal prosecution, except the institution of prosecution, until the defendant is found to have the mental capacity to proceed.
La. Code Crim. Proc. art. 917 — LA Code / Code code-of-criminal-procedure / Article 917
Record on appeal; preparation
Status: in_force

The clerk of the trial court shall prepare the record on appeal and lodge it with the appellate court on or before the return date or any extension thereof. The clerk of the trial court shall prepare the record in accordance with the rules of the appellate court. Failure of the Clerk to prepare and lodge the record on appeal either correctly or timely shall not prejudice the appeal, unless such defect or delay is imputable to the appellant.

Amended by Acts 1984, No. 528, §1; Acts 1988, No. 525, §1.
La. Code Civ. Proc. art. 1733 — LA Code / Code code-of-civil-procedure / Article 1733
Demand for jury trial; bond for costs
Status: in_force

A.(1) Except as provided in Subparagraph (2) of this Paragraph, a party may obtain a trial by jury by filing a pleading demanding a trial by jury and a bond in the amount and within the time set by the court pursuant to Article 1734.

(2)(a) In a suit for damages arising from a delictual or quasi-delictual action where an individual petitioner stipulates or otherwise judicially admits that his cause of action exceeds ten thousand dollars and is less than fifty thousand dollars, a party may obtain a trial by jury by filing a pleading demanding a trial by jury and providing a cash deposit of five thousand dollars no later than sixty days after filing the request for a trial by jury. Failure to post the cash deposit as required by this Subparagraph shall constitute a waiver of the trial by jury. This cash deposit shall be subject to Article 1734.1(E).

(b) When the case is set for trial, the court may additionally provide for a supplemental bond or cash deposit in accordance with Article 1734 or 1734.1.

B. A motion to withdraw a demand for a trial by jury shall be in writing.

C. The pleading demanding a trial by jury shall be filed not later than ten days after either the service of the last pleading directed to any issue triable by a jury, or the granting of a motion to withdraw a demand for a trial by jury.

Acts 1983, No. 534, §1; Acts 2020, 1 st Ex. Sess., No. 37, §2, eff. Jan. 1, 2021.
La. Civ. Code art. 2831 — LA Code / Code civil-code / Article 2831
Termination of the partnership; rights of third parties.
Status: in_force

The termination of a partnership, for any reason, does not affect the rights of a third person in good faith who transacts business with a partner or a mandatary acting on behalf of the former partnership.

Acts 1980, No. 150, §1.
La. Civ. Code art. 1894 — LA Code / Code civil-code / Article 1894
Obligation not subject to compensation
Status: in_force

Compensation takes place regardless of the sources of the obligations.

Compensation does not take place, however, if one of the obligations is to return a thing of which the owner has been unjustly dispossessed, or is to return a thing given in deposit or loan for use, or if the object of one of the obligations is exempt from seizure.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 876 — LA Code / Code childrens-code / Article 876
Dismissal of petition
Status: in_force

The court shall dismiss a petition on the motion of the district attorney.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 2011, No. 172, §1.
La. Ch. Code art. 414 — LA Code / Code childrens-code / Article 414
Disclosure of records for sentencing
Status: in_force

A. Notwithstanding any provision of law to the contrary, upon written request, reports and records concerning juvenile court proceedings shall be released to the sentencing judge when necessary for sentencing.

B. The request shall be complied with promptly; however, not more than ten days, exclusive of legal holidays, shall lapse after receipt of the request before the requested information is deposited in the mail, addressed to the requesting court. The court may postpone imposition of sentence until the report is received.

C. Except as provided for in Articles 412(G) and 891(D), the sentencing court shall not copy, duplicate, or otherwise reproduce such juvenile records, and the records shall be deposited in the mail, addressed to the issuing court, within three days after sentencing.

Acts 1991, No. 235, §4, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1993, No. 840, §1; Acts 1994, 3rd Ex. Sess., No. 23, §2; Acts 2017, No. 362, §1.
La. Ch. Code art. 781 — LA Code / Code childrens-code / Article 781
Disposition; generally
Status: in_force

A. The court shall impose the least restrictive disposition which the court finds is consistent with the circumstances of the case, the needs of the child, and the best interest of society.

B. If the court commits a child to a private institution or agency, it shall select one that has been licensed under state law, if licensure is required by law for such an institution or agency.

C. In committing a child to the custody of an individual or a private agency or institution, the court shall, whenever practicable, select a person, agency, or institution of the same religious affiliation as the child or his parents.

D. A child shall not be committed to a public or private mental institution or institution for persons with mental illness unless the court finds, based on psychological or psychiatric evaluation, that the child has a mental disorder, other than an intellectual disability, that has a substantial adverse effect on the child's ability to function and requires care and treatment in an institution. When the child is in the custody of the state of Louisiana, this finding shall not be made without a contradictory hearing, notice to the Louisiana Department of Health, bureau of legal services, and representation of the child by an attorney appointed from the Mental Health Advocacy Service, unless the child retains private counsel, who shall represent only the interest of the child. The Mental Health Advocacy Service's attorney appointed shall continue to represent the child in any proceeding relating to admission, change of status, or discharge from the mental hospital or psychiatric unit. Upon modification of the disposition to a placement other than a mental hospital or psychiatric unit, the Mental Health Advocacy Service's attorney shall be relieved of representation of the child.

E. A child shall not be committed to a public or private institution for persons with intellectual disabilities unless the court finds, based on psychological or psychiatric evaluation pursuant to R.S. 28:451.1 et seq., that the child has an intellectual disability and that the condition has a substantial adverse effect on the child's ability to function and requires care and treatment in an institution.

Acts 1991, No. 235, §7; Acts 1995, No. 1095, §3; Acts 2014, No. 811, §33, eff. June 23, 2014; Acts 2024, No. 92, §1.
La. Civ. Code art. 1502 — LA Code / Code civil-code / Article 1502
Inability to satisfy legitime by usufruct or income interest in trust only
Status: in_force

Nevertheless, the legitime may not be satisfied in whole or in part by a usufruct or an income interest in trust. When a forced heir is both income and principal beneficiary of the same interest in trust, however, that interest shall be deemed a full ownership interest for purposes of satisfying the legitime if the trust conforms to the provisions of the Louisiana Trust Code governing the legitime in trust.

Amended by Acts 1981, No. 765, §1; Acts 1996, 1st Ex. Sess., No. 77, §1.
La. Civ. Code art. 1751 — LA Code / Code civil-code / Article 1751
Disguised donations and donations to persons interposed
Status: in_force

A donation of property that the donor will leave at his death is absolutely null if it is disguised or made to a person interposed to his spouse.

The following are reputed to be such person interposed:

(1) a child of the donee spouse who is not among the spouses' common children; or

(2) a person to whom the donee spouse is a presumptive successor at the time when the donation is made, even if the donee spouse does not thereafter survive that person.

Acts 2004, No. 619, §1, eff. Sept. 1, 2005.
La. Civ. Code art. 1275 — LA Code / Code civil-code / Article 1275
Payment of collation by sale of succession effects.
Status: in_force

When the coheirs, thus notified, require the sale of the effects of the succession to pay themselves the collation due them, the sale shall be made at public auction, in the same manner as when it is necessary to sell property held in common, in order to effect a partition.
La. Code Civ. Proc. art. 3664 — LA Code / Code code-of-civil-procedure / Article 3664
Mineral rights asserted, protected and defended as other immovables
Status: in_force

The owner of a mineral right may assert, protect, and defend his right in the same manner as the ownership or possession of other immovable property, and without the concurrence, joinder, or consent of the owner of the land or mineral rights.

Amended by Acts 1974, No. 547, §1, eff. Jan. 1, 1975.
La. Code Crim. Proc. art. 905.1 — LA Code / Code code-of-criminal-procedure / Article 905.1
Sentencing hearing jury; commencement
Status: in_force

A. Except as provided in Paragraph B of this Article, the sentencing hearing shall be conducted before the same jury that determined the issue of guilt. The order of sequestration shall remain in effect until the completion of the sentencing hearing.

B. If an error occurs only during the sentencing hearing which would necessitate the declaration of a mistrial, or the granting of a new trial by the trial court, or if an appellate court finds an error that occurred only in the sentencing hearing which would necessitate a remand and a new trial, then the trial court shall be empowered to empanel a new jury under the same procedure set out in Chapter 3 of Title XXVI of this Code for determining only the issue of penalty, and the rule of sequestration shall apply to the new jury so empanelled.

Added by Acts 1976, No. 694, §1. Amended by Acts 1977, No. 105, §1.
La. Code Civ. Proc. art. 4034 — LA Code / Code code-of-civil-procedure / Article 4034
Proceedings subsequent to appointment of tutor
Status: in_force

Proceedings relative to a tutorship subsequent to the confirmation or appointment of a tutor who is domiciled in the state shall be brought in the parish of his domicile if he is living at the time or, if he is dead, in the parish where he was last domiciled. If the proceedings are brought in a court other than the one which confirmed or appointed the tutor, the court may require the filing of certified copies of all or any part of the proceedings in the other court.

Proceedings relative to a tutorship subsequent to the confirmation or appointment of a tutor who is not domiciled in this state, or who has left the state permanently, shall be brought in the court which confirmed or appointed him.

Amended by Acts 1964, No. 4, §1.
La. Code Civ. Proc. art. 3781 — LA Code / Code code-of-civil-procedure / Article 3781
Petition; summary trial; issuance of writs
Status: in_force

A writ of habeas corpus, mandamus, or quo warranto may be ordered by the court only on petition. The proceedings may be tried summarily and the writ when ordered may be signed by the clerk under the seal of the court, or it may be issued and signed by the judge without further formality.
La. Code Crim. Proc. art. 162.4 — LA Code / Code code-of-criminal-procedure / Article 162.4
Search of a person's place of residence; odor of marijuana
Status: in_force

Notwithstanding any provision of law to the contrary, the odor of marijuana alone shall not provide a law enforcement officer with probable cause to conduct a search without a warrant of a person's place of residence.

Acts 2022, No. 473, §1.
La. Code Civ. Proc. art. 76 — LA Code / Code code-of-civil-procedure / Article 76
Action on insurance policy
Status: in_force

An action on a life insurance policy may be brought in the parish where the deceased died, the parish where he was domiciled, or the parish where any beneficiary is domiciled.

An action on a health and accident insurance policy may be brought in the parish where the insured is domiciled, or in the parish where the accident or illness occurred.

An action on any other type of insurance policy may be brought in the parish where the loss occurred or the insured is domiciled.
La. Ch. Code art. 758 — LA Code / Code childrens-code / Article 758
Advice of rights at appearance to answer petition
Status: in_force

If an appearance to answer the petition is required, the court shall advise the child and the child's caretaker of their rights pursuant to Article 740, unless they were so advised at a previous hearing.

Acts 1991, No. 235, §7.
La. Code Crim. Proc. art. 674 — LA Code / Code code-of-criminal-procedure / Article 674
Procedure for recusal of trial judge
Status: in_force

A. A party desiring to recuse a trial judge shall file a written motion therefor assigning the ground for recusal under Article 671. The motion shall be filed not later than thirty days after discovery of the facts constituting the ground upon which the motion is based, but in all cases at least thirty days prior to commencement of the trial. In the event that the facts constituting the ground for recusal occur thereafter or the party moving for recusal could not, in the exercise of due diligence, have discovered such facts, the motion to recuse shall be filed immediately after the facts occur or are discovered, but prior to verdict or judgment.

B. If the motion to recuse sets forth facts constituting a ground for recusal under Article 671, not later than seven days after the judge's receipt of the motion from the clerk of court, the judge shall either recuse himself or refer the motion for hearing to another judge or to an ad hoc judge as provided in Article 675.

C. If the motion to recuse is not timely filed in accordance with Paragraph A of this Article or fails to set forth facts constituting a ground for recusal under Article 671, the judge may deny the motion without referring the motion to another judge or to an ad hoc judge for hearing but shall provide written reasons for the denial.

Acts 2022, No. 42, §1.
La. Civ. Code art. 2839 — LA Code / Code civil-code / Article 2839
Name of partner in commendam; use
Status: in_force

A. A partner in commendam becomes liable as a general partner if he permits his name to be used in business dealings of the partnership in a manner that implies he is a general partner.

B. If the name of a partner in commendam is used without his consent, he is liable as a general partner only if he knew or should have known of its use and did not take reasonable steps to prevent the use.

C. If the name of the partner in commendam is the same as that of a general partner or if it had been included in the name of a predecessor business entity or in the name of the partnership prior to the admission of the partner in commendam, its use does not imply that he is a general partner.

Acts 1980, No. 150, §1. Acts 1984, No. 429, §1.
La. Civ. Code art. 2033 — LA Code / Code civil-code / Article 2033
Effects
Status: in_force

An absolutely null contract, or a relatively null contract that has been declared null by the court, is deemed never to have existed. The parties must be restored to the situation that existed before the contract was made. If it is impossible or impracticable to make restoration in kind, it may be made through an award of damages.

Nevertheless, a performance rendered under a contract that is absolutely null because its object or its cause is illicit or immoral may not be recovered by a party who knew or should have known of the defect that makes the contract null. The performance may be recovered, however, when that party invokes the nullity to withdraw from the contract before its purpose is achieved and also in exceptional situations when, in the discretion of the court, that recovery would further the interest of justice.

Absolute nullity may be raised as a defense even by a party who, at the time the contract was made, knew or should have known of the defect that makes the contract null.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1542 — LA Code / Code civil-code / Article 1542
Identification of donor, donee, and the thing donated required
Status: in_force

The act of donation shall identify the donor and the donee and describe the thing donated. These requirements are satisfied if the identities and description are contained in the act of donation or are reasonably ascertainable from information contained in it, as clarified by extrinsic evidence, if necessary.

Acts 2008, No. 204, §1, eff. Jan. 1, 2009.
La. Code Crim. Proc. art. 901.1 — LA Code / Code code-of-criminal-procedure / Article 901.1
Additional sanctions for probation revocation
Status: in_force

A. Notwithstanding any other provision of law, when a defendant, who is a first offender on probation with a suspended sentence for a term of seven years or less at hard labor, or a second offender on probation and having never served time in a state prison, has his probation revoked for any reason other than a subsequent felony conviction, the court, upon the recommendation of the division of probation and parole, may order that the offender be committed to the Department of Public Safety and Corrections and be considered for participation in the intensive incarceration program as provided for in R.S. 15:574.4.4 or 574.5. If the offender committed to the custody of the department participates in an intensive incarceration program of an eligible parish, the department shall reimburse the sheriff's office of the parish conducting the program in the amount appropriated by the legislature.

B. If the imposition of the sentence was suspended, the defendant shall serve the sentence imposed by the court at the revocation hearing. If the defendant is a first offender and receives a sentence of seven years or less at hard labor, or a second offender on probation and having never served time in a state prison, the court, upon recommendation of the division of probation and parole, may order that the offender be committed to the department and be considered for participation in the intensive incarceration program as provided for in R.S. 15:574.4.4 or 574.5. If the offender committed to the custody of the department participates in an intensive incarceration program as provided for in R.S. 15:574.5, the department shall reimburse the sheriff's office of the parish conducting the program in the amount appropriated by the legislature.

Acts 1990, No. 83, §1; Acts 2019, No. 369, §3.