FrankGoortani/open-us-law huggingface dataset:
La. Code Crim. Proc. art. 436 — LA Code / Code code-of-criminal-procedure / Article 436
The foreman; rules of procedure
Status: in_force

The foreman of the grand jury shall preside over all hearings. He may delegate duties to other grand jurors and may determine rules of procedure. A grand juror who objects to a rule of procedure made by the foreman may apply to the court for a determination of the matter.
La. Code Civ. Proc. art. 1912 — LA Code / Code code-of-civil-procedure / Article 1912
Final judgment
Status: in_force

A final judgment may be signed in any place where the judge is physically located and shall be sent to the clerk of the court in which the case is pending.

Amended by Acts 1974, No. 242, §1; Acts 2023, No. 5, §1.
La. Civ. Code art. 397 — LA Code / Code civil-code / Article 397
Modification and termination of interdiction
Status: in_force

The court may modify or terminate a judgment of interdiction for good cause. Interdiction terminates upon death of the interdict or by judgment of the court.

A judgment of preliminary interdiction granted after an adversarial hearing terminates thirty days after being signed, unless extended by the court for good cause for a period not exceeding thirty days. A judgment of temporary interdiction granted ex parte terminates ten days after being signed. On motion of the defendant or for extraordinary reasons shown at a contradictory hearing, the court may extend the judgment of temporary interdiction for one additional period not to exceed ten days.

Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001.
La. Civ. Code art. 2719 — LA Code / Code civil-code / Article 2719
Dissolution for other causes
Status: in_force

When a party to the lease fails to perform his obligations under the lease or under this Title, the other party may obtain dissolution of the lease pursuant to the provisions of the Title of "Conventional Obligations or Contracts".

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 4263 — LA Code / Code code-of-civil-procedure / Article 4263
Contracts between tutor and minor
Status: in_force

A tutor cannot in his personal capacity or as representative for any other person make any contracts with the minor. He cannot acquire any property of the minor, or interest therein, personally or by means of a third person, except as otherwise provided by law.

Contracts prohibited by this article shall be null, and the tutor shall be liable to the minor for damages resulting therefrom.
La. Civ. Code art. 2532 — LA Code / Code civil-code / Article 2532
Return of the thing; destruction of the thing
Status: in_force

A buyer who obtains rescission because of a redhibitory defect is bound to return the thing to the seller, for which purpose he must take care of the thing as a prudent administrator, but is not bound to deliver it back until all his claims, or judgments, arising from the defect are satisfied.

If the redhibitory defect has caused the destruction of the thing the loss is borne by the seller, and the buyer may bring his action even after the destruction has occurred.

If the thing is destroyed by a fortuitous event before the buyer gives the seller notice of the existence of a redhibitory defect that would have given rise to a rescission of the sale, the loss is borne by the buyer.

After such notice is given, the loss is borne by the seller, except to the extent the buyer has insured that loss. A seller who returns the price, or a part thereof, is subrogated to the buyer's right against third persons who may be liable for the destruction of the thing.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 870 — LA Code / Code childrens-code / Article 870
Motion for a bill of particulars
Status: in_force

A. On motion of the child or on its own motion, the court may require the district attorney to furnish a bill of particulars setting forth more specifically the nature and cause of the allegations charging that the child committed a delinquent act.

B. When a bill of particulars is furnished, it shall be filed with the clerk of court and a copy shall be given to the child or his counsel.

C. Supplemental bills of particulars may be ordered by the court at any time before the adjudication hearing.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 3993 — LA Code / Code code-of-civil-procedure / Article 3993
Venue for judicial emancipation
Status: in_force

Venue for a judicial emancipation proceeding is the parish where a party is domiciled.

Amended by Acts 1972, No. 347, §2; Acts 2008, No. 786, §2, eff. Jan. 1, 2009.
La. Code Crim. Proc. art. 769 — LA Code / Code code-of-criminal-procedure / Article 769
Same; effect on introduction of evidence
Status: in_force

Evidence not fairly within the scope of the opening statement of the state shall not be admitted in evidence.

If the state offers evidence that was inadvertently and in good faith omitted from the opening statement, the court, in its discretion may admit the evidence if it finds that the defendant is not taken by surprise or prejudiced in the preparation of his defense.
La. Ch. Code art. 754 — LA Code / Code childrens-code / Article 754
Failure to appear as summoned
Status: in_force

If a properly served person fails to appear in response to a summons, the court may order that such person be taken into custody and immediately brought before the court.

Acts 1991, No. 235, §7.
La. Civ. Code art. 2328 — LA Code / Code civil-code / Article 2328
Contractual regime; matrimonial agreement.
Status: in_force

A matrimonial agreement is a contract establishing a regime of separation of property or modifying or terminating the legal regime. Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. The provisions of the legal regime that have not been excluded or modified by agreement retain their force and effect.

Acts 1979, No. 709, §1.
La. Ch. Code art. 1613 — LA Code / Code childrens-code / Article 1613
Institutional care of delinquent children
Status: in_force

NOTE: Art. 1613 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact, but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care, and the court finds both that:

(1) Equivalent facilities for the child are not available in the sending agency's jurisdiction.

(2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
La. Ch. Code art. 1442 — LA Code / Code childrens-code / Article 1442
Right to counsel
Status: in_force

A. The court shall provide the minor respondent a reasonable opportunity to select his own counsel. In the event he does not select counsel and is unable to pay for counsel or in the event counsel selected by him refuses to represent said minor or is not available for such representation, then the court shall appoint counsel for him provided by the MHAS.

B. Reasonable compensation of appointed counsel shall be established by the court and may be ordered paid by the minor respondent or petitioner in the discretion of the court if either is found financially capable. If it is determined by the court that the costs shall not be borne by the respondent or the petitioner, then compensation to the attorney shall be paid from funds appropriated to the judiciary.

C. The minor respondent shall have the right to privately retained and paid counsel at any time. However, all minor respondents must be represented by counsel as early as possible in every proceeding. If attorneys are available through the MHAS, the court shall contact the MHAS and request the assignment of an attorney who will be appointed.

D. In cases where the service is unable to provide representation, the court shall select and appoint an attorney to represent the minor respondent, whose fee shall be set by the court.

E. An attorney appointed by a court to represent a minor respondent pursuant to this Chapter has a continuing duty toward that minor even after admission. That duty shall include but not be limited to follow-up investigation of the circumstances of the person and representation in subsequent proceedings relating to admission, status, and discharge. The duty shall continue until it is terminated by the court making the appointment.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.
La. Civ. Code art. 2934 — LA Code / Code civil-code / Article 2934
Delivery of value received
Status: in_force

When the thing deposited is lost or deteriorated without any fault of the depositary, the depositary is nevertheless bound to deliver to the depositor whatever value the depositary received as a result of that loss, including the proceeds of any insurance.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.
La. Civ. Code art. 1427 — LA Code / Code civil-code / Article 1427
Reporting and deducting as authorized by tax law
Status: in_force

Notwithstanding the provisions of this Chapter, for tax purposes the succession representative, or the successors if there is no representative, may report receipts and deduct expenditures as authorized by the tax law.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 1775 — LA Code / Code civil-code / Article 1775
Effects retroactive
Status: in_force

Fulfillment of a condition has effects that are retroactive to the inception of the obligation. Nevertheless, that fulfillment does not impair the validity of acts of administration duly performed by a party, nor affect the ownership of fruits produced while the condition was pending. Likewise, fulfillment of the condition does not impair the right acquired by third persons while the condition was pending.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 616 — LA Code / Code civil-code / Article 616
Sale or exchange of the property; taxes
Status: in_force

When property subject to usufruct is sold or exchanged, whether in an action for partition or by agreement between the usufructuary and the naked owner or by a usufructuary who has the power to dispose of nonconsumable property, the usufruct terminates as to the nonconsumable property sold or exchanged, but as provided in Article 568.1, the usufruct attaches to the money or other property received by the usufructuary, unless the parties agree otherwise. Any tax or expense incurred as the result of the sale or exchange of property subject to usufruct shall be paid from the proceeds of the sale or exchange, and shall be deducted from the amount due by the usufructuary to the naked owner at the termination of the usufruct.

Acts 1983, No. 525, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Civ. Code art. 1976 — LA Code / Code civil-code / Article 1976
Future things
Status: in_force

Future things may be the object of a contract.

The succession of a living person may not be the object of a contract other than an antenuptial agreement. Such a succession may not be renounced.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 105 — LA Code / Code civil-code / Article 105
Determination of incidental matters
Status: in_force

In a proceeding for divorce or thereafter, either spouse may request a determination of custody, visitation, or support of a minor child; support for a spouse; injunctive relief; use and occupancy of the family home or use of community movables or immovables; or use of personal property.

Acts 1984, No. 817, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.
La. Code Civ. Proc. art. 2338 — LA Code / Code code-of-civil-procedure / Article 2338
Judgment creditor having superior privilege; price insufficient to satisfy inferior mortgage
Status: in_force

A. If the security interest, mortgage, lien, or privilege of the seizing creditor is superior to other security interests, mortgages, liens, and privileges on the property, he may require that the property be sold, even though the price is not sufficient to satisfy his or the inferior security interests, mortgages, liens, and privileges.

B. If the seizing creditor is not present or represented at the sale, the property shall not be sold for less than the amount necessary to fully satisfy his writ plus the costs.

Acts 1987, No. 939, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989.
La. Ch. Code art. 1241 — LA Code / Code childrens-code / Article 1241
Change of name
Status: in_force

The full name of the adopted child may be changed in the final decree of private adoption and, if changed, the surname shall be the same as that of the adoptive parent.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 3 — LA Code / Code civil-code / Article 3
Custom
Status: in_force

Custom results from practice repeated for a long time and generally accepted as having acquired the force of law. Custom may not abrogate legislation.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 5155 — LA Code / Code code-of-civil-procedure / Article 5155
Pleading discussion
Status: in_force

A third possessor may plead discussion in an injunction suit to restrain the enforcement of a legal or judicial mortgage against his property. Discussion may be pleaded by a surety or transferee in a revocatory action only in the dilatory exception.

In pleading discussion, the secondary obligor shall:

(1) Point out by a description sufficient to identify it, property in the state belonging to the primary obligor, or otherwise subject to discussion, which is not in litigation, is not exempt from seizure, is free of mortgages and privileges, and is worth more than the total amount of the judgment or mortgage; and

(2) Deposit into the registry of the court, for the use of the creditor, an amount sufficient to defray the costs of executing the judgment or enforcing the mortgage against the property discussed.
La. Civ. Code art. 1620 — LA Code / Code civil-code / Article 1620
Limitation of causes for disinherison
Status: in_force

There are no just causes for disinherison except those expressly recognized in the following Articles.

Acts 2001, No. 573, §1, eff. June 22, 2001.
La. Code Civ. Proc. art. 5094 — LA Code / Code code-of-civil-procedure / Article 5094
Duties; notice to nonresident or absentee
Status: in_force

A. When an attorney at law is appointed by the court to represent a defendant who is a nonresident or an absentee, the attorney shall use reasonable diligence to communicate with the defendant and inform him of the pendency and nature of the action or proceeding, and of the time available for the filing of an answer or the assertion of a defense otherwise.

B. For purposes of this Article, an attorney is deemed to have acted with reasonable diligence when the attorney sends an absentee a letter by certified mail or commercial courier to the last known address of the absentee in an effort to locate the absentee and notify him of the appointment of the attorney to represent the absentee defendant.

Acts 2024, No. 183, §2.
La. Civ. Code art. 3533 — LA Code / Code civil-code / Article 3533
Immovables situated in this state
Status: in_force

Except as otherwise provided in this Title, testate and intestate succession to immovables situated in this state is governed by the law of this state.

The forced heirship law of this state does not apply if the deceased was domiciled outside this state at the time of death and he left no forced heirs domiciled in this state at the time of his death.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992; Acts 1997, No. 257, §1.
La. Civ. Code art. 3359 — LA Code / Code civil-code / Article 3359
Duration of recordation of judicial mortgage
Status: in_force

The effect of recordation of a judgment creating a judicial mortgage ceases ten years after the date of the judgment.

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

NOTE: Acts 2005, 1st Ex. Sess., No. 13, §1, changed the effective date of Acts 2005, No. 169, to July 1, 2006.
La. Code Civ. Proc. art. 4907 — LA Code / Code code-of-civil-procedure / Article 4907
New trials; delay in parish or city courts
Status: in_force

A. After judgment is signed in the parish or city court, a party may make a written request or motion for new trial for any of the grounds provided by Articles 1972 and 1973.

B. The delay for applying for a new trial shall be seven days, exclusive of legal holidays. Where notice of judgment is required, a party may file a motion for a new trial not later than seven days, exclusive of legal holidays, after the clerk has mailed, or the sheriff has served, the notice of judgment.

Acts 1986, No. 156, §1; Acts 2010, No. 56, §1; Acts 2021, No. 259, §2.
La. Civ. Code art. 1100 — LA Code / Code civil-code / Article 1100
Liability for unauthorized possession of vacant succession.
Status: in_force

In case any person shall take possession of a vacant succession, or a part thereof, without being duly authorized to that effect, with the intent of converting the same to his own use, he shall be liable to pay all the debts of the said estate, exclusive of the damages to be claimed by the parties who may have suffered thereby.
La. Code Crim. Proc. art. 948 — LA Code / Code code-of-criminal-procedure / Article 948
Emergency sessions; length; recision; continuation; extensions
Status: in_force

A. Emergency sessions of court shall continue until the supreme court withdraws, cancels, or rescinds the order authorizing the emergency sessions. The supreme court shall give notice at least ten days prior to the conclusion of the emergency session to the chief judge, the district attorney, the district public defender, and the clerk of the affected court.

B. The supreme court may withdraw, cancel, or rescind an order authorizing emergency sessions of court at any time that it determines that the conditions which warranted the issuance of the order no longer exist.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005; Acts 2007, No. 307, §10.
La. Code Civ. Proc. art. 3396.6 — LA Code / Code code-of-civil-procedure / Article 3396.6
Independent administration when estate is part testate, part intestate
Status: in_force

When a decedent dies partially testate and partially intestate, all of the successors whose concurrence is required in Articles 3396.3, 3396.4, and 3396.5 must concur in the request for independent administration of the estate, and in the designation of the person to serve as independent administrator.

Acts 2001, No. 974, §1.
La. Ch. Code art. 1283.15 — LA Code / Code childrens-code / Article 1283.15
Effect of final decree
Status: in_force

The final decree of adoption shall have the same force and effect as any final decree of adoption rendered by a court of this state and automatically entitles the child to United States citizenship under the Intercountry Adoption Act.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Civ. Code art. 889 — LA Code / Code civil-code / Article 889
Devolution of community property
Status: in_force

If the deceased leaves no descendants, his surviving spouse succeeds to his share of the community property.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Code Civ. Proc. art. 2886 — LA Code / Code code-of-civil-procedure / Article 2886
Probate of nuncupative testament by private act; mystic testament, when witnesses dead, absent, or incapacitated
Status: in_force

A. If some of the witnesses to the nuncupative testament by private act, or to the act of superscription of the mystic testament, are dead, absent from the state, incapacitated, or cannot be located, so that it is not possible to procure the prescribed number of witnesses to prove the testament, it may be proved by the testimony of those witnesses then residing in the state and available.

B. If the notary and all of the subscribing witnesses are dead, absent from the state, incapacitated, or cannot be located, the testament may be proved by the testimony of two credible witnesses who recognize the signature of the testator, or of the notary before whom the act of superscription of the mystic testament was passed, or the signatures of two of the witnesses to the nuncupative testament by private act, or to the act of superscription of the mystic testament.

C. A person's testimony for the purpose of this Article may be given in the form of an affidavit executed after the death of the testator, unless the court in its discretion requires the person to appear and testify orally. All affidavits accepted by the court in lieu of oral testimony shall be filed in the probate proceedings. This Paragraph does not apply to testimony with respect to the genuineness of a will that is judicially attacked.

Amended by Acts 1980, No. 106, §2; Acts 1987, No. 270, §1; Acts 1999, No. 85, §1.
La. Civ. Code art. 3305 — LA Code / Code civil-code / Article 3305
Judgments of other jurisdictions
Status: in_force

The filing of an authenticated copy of a judgment of a court of a jurisdiction foreign to this state, such as the United States, another state, or another country, creates a judicial mortgage only when so provided by special legislation, or when accompanied by a certified copy of a judgment or order of a Louisiana court recognizing it and ordering it executed according to law.

In all other cases the judgment of a court of a jurisdiction foreign to this state creates a judicial mortgage only when a Louisiana court has rendered a judgment making the foreign judgment the judgment of the Louisiana court, and the Louisiana judgment has been filed in the same manner as other judgments.

Acts 1992, No. 1132, §2, eff. Jan. 1, 1993.
La. Civ. Code art. 547 — LA Code / Code civil-code / Article 547
Usufruct in favor of several usufructuaries.
Status: in_force

When the usufruct is established in favor of several usufructuaries, the termination of the interest of one usufructuary inures to the benefit of those remaining, unless the grantor has expressly provided otherwise.

Acts 1976, No. 103, §1.
La. Ch. Code art. 1518 — LA Code / Code childrens-code / Article 1518
Pretrial orders; contribution to costs; appointment of counsel; Indian parent or custodian
Status: in_force

A. On its own motion or the motion of any party to the proceedings, the court may render such orders it deems necessary to protect the best interests of the child, including but not limited to the following:

(1) A home study of the proposed placement.

(2) A physical or mental examination of any party.

(3) An appointment of counsel for the child.

B. Upon request of an indigent parent, the court shall appoint counsel for the parent when the Department of Children and Family Services has recommended that the petition for voluntary transfer be filed.

C. If the court finds that the parent or custodian of an Indian child is indigent, it shall appoint counsel for the parent or custodian.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2010, No. 266, §1; Acts 2018, No. 296, §1.
La. Civ. Code art. 2668 — LA Code / Code civil-code / Article 2668
Contract of lease defined
Status: in_force

Lease is a synallagmatic contract by which one party, the lessor, binds himself to give to the other party, the lessee, the use and enjoyment of a thing for a term in exchange for a rent that the lessee binds himself to pay.

The consent of the parties as to the thing and the rent is essential but not necessari­ly sufficient for a contract of lease.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 605 — LA Code / Code civil-code / Article 605
Toleration of the enjoyment.
Status: in_force

The naked owner must not interfere with the rights of the usufructuary.

Acts 1976, No. 103, §1.