FrankGoortani/open-us-law huggingface dataset:
La. Ch. Code art. 581 — LA Code / Code childrens-code / Article 581
Child Protection Representation Commission; establishment; purpose and functions
Status: in_force

A. The Child Protection Representation Commission, referred to hereinafter as the "commission", is hereby established for the purpose of reviewing the system of representation of children and indigent parents in child protection cases as provided in Chapters 5 and 6 of this Title. The commission shall be composed of the following members:

(1) The secretary of the Department of Children and Family Services or his designee.

(2) The chief justice of the Louisiana Supreme Court or his designee.

(3) The chairman of the House Committee on Civil Law and Procedure or his designee.

(4) The chairman of the Senate Committee on Judiciary A or his designee.

(5) The president or designee of the Louisiana Bar Association.

(6) The executive director or designee of the Louisiana District Attorneys Association.

(7) The state public defender or designee of the Louisiana Public Defender Board.

(8) The president or designee of the Louisiana Council of Juvenile and Family Court Judges.

(9) The chairwoman of the Louisiana Legislative Women's Caucus or her designee.

B. The members of the commission shall serve without compensation, except for the members of the legislature who shall receive a per diem in accordance with R.S. 42:3.1.

C. The commission shall request and have the authority to obtain all information necessary to review the system of representation and shall meet periodically but in no event less than once annually. The commission shall ascertain the continued effectiveness and efficiency of the system and the adequacy of funding and may, at its discretion, issue such reports and recommendations as it deems necessary to ensure the programmatic efficacy and fiscal viability of the system.

Acts 2014, No. 354, §1; Acts 2016, No. 153, §1.
La. Code Civ. Proc. art. 2637 — LA Code / Code code-of-civil-procedure / Article 2637
Evidence which need not be authentic
Status: in_force

A. Evidence as to the proper party defendant, or as to the necessity for appointing an attorney at law to represent an unrepresented defendant, or of any agreement to extend or modify the obligation to pay or of written notification of default, or of the breach or occurrence of a condition of the act of mortgage, or of the security agreement, or privilege securing the obligation, or of advances made by the holder of a collateral mortgage note or note for future advances, or of an obligation secured under Chapter 9 of the Uniform Commercial Code, need not be submitted in authentic form. These facts may be proved by the verified petition, or supplemental petition, or by affidavits submitted therewith.

B. If a mortgage sought to be enforced secures the repayment of any advances for the payment of taxes, insurance premiums, or special assessments on, or repairs to, or maintenance of, the property affected by the mortgage or security agreement, the existence, date, and amount of these advances may be proved by the verified petition, or supplemental petition, or by affidavits submitted therewith.

C. If a mortgage sought to be enforced is a collateral mortgage, or if the conventional mortgage or security agreement sought to be enforced secures multiple or future indebtedness of the debtor, the existence of the actual indebtedness may be proved by verified original or supplemental petition, or by an affidavit submitted with the original or supplemental petition, along with the original or reproduction of the note, bond, handnote, or other evidence representing the actual indebtedness, attached as an exhibit. A reproduction of the note, bond, handnote, or other evidence representing the actual indebtedness shall be certified by a representative of a financial institution pursuant to the provisions of R.S. 13:3733.1(E).

D. Evidence of a name change, merger, purchase and assumption, or similar disposition or acquisition, of a financial or lending institution may be proved by a verified petition or supplemental petition, or by an affidavit or affidavits submitted therewith by an appropriate officer of the successor entity.

E. Evidence of the name change or death of any party need not be submitted in authentic form, but may be proved by verified petition or supplemental petition, or by affidavit submitted therewith.

F. Evidence as to the proper party plaintiff entitled to enforce the obligation secured by the note, bond, handnote, or other instrument, including those that are electronically signed, evidencing the obligation of which a copy or reproduction is submitted in accordance with Article 2636(8) or Paragraph C of this Article, may be proved by verified original or supplemental petition, or by an affidavit submitted therewith.

Acts 1983, No. 185, §1; Acts 1987, No. 408, §1; Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 1989, No. 161, §1, eff. June 22, 1989; Acts 2014, No. 440, §3, eff. July 1, 2014; Acts 2015, No. 84, §1.
La. Civ. Code art. 3480 — LA Code / Code civil-code / Article 3480
Good faith
Status: in_force

For purposes of acquisitive prescription, a possessor is in good faith when he reasonably believes, in light of objective considerations, that he is owner of the thing he possesses.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Ch. Code art. 573 — LA Code / Code childrens-code / Article 573
Purpose
Status: in_force

The purpose of this Part is to provide for an effective and efficient system of providing qualified legal representation, which shall include curatorship appointments, for indigent or absent parents in child abuse and neglect cases.

Acts 2007, No. 95, §1; Acts 2016, No. 407, §1, eff. June 5, 2016.
La. Civ. Code art. 2840 — LA Code / Code civil-code / Article 2840
Partner in commendam; liability; agreed contribution.
Status: in_force

A partner in commendam must agree to make a contribution to the partnership. The contribution may consist of money, things, or the performance of nonmanagerial services. The partnership agreement must describe the contribution and state either its agreed value or a method of determining it. The contract should also state the time or circumstances upon which the money or other things are to be delivered, or the services are to be performed, and if it fails to do so, payment is due on demand.

A partner in commendam is liable for the obligations of the partnership only to the extent of the agreed contribution. If he does not make the contribution, or contributes only part of it, he is obligated to contribute money, or other things equal to the portion of the stated value that he has failed to satisfy. The court may award specific performance if appropriate.

Acts 1980, No. 150, §1.
La. Civ. Code art. 1857 — LA Code / Code civil-code / Article 1857
Performance rendered to the obligee
Status: in_force

Performance must be rendered to the obligee or to a person authorized by him.

However, a performance rendered to an unauthorized person is valid if the obligee ratifies it.

In the absence of ratification, a performance rendered to an unauthorized person is valid if the obligee has derived a benefit from it, but only for the amount of the benefit.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 826 — LA Code / Code childrens-code / Article 826
Conditions of release
Status: in_force

A. A condition of every type of bail authorized in Article 825, and the only condition for which a security on the bail bond may be subject to forfeiture, is that the released child appear at any place and upon any date to which the proceeding is transferred or continued.

B. Every bail order shall also contain the condition that the released child not commit any further delinquent acts while at liberty on such bail bond or security deposit.

C. The court may also impose as a condition of release:

(1) That the child regularly attend school.

(2) That the child voluntarily participate in a pretrial drug testing program which meets the requirements of Article 336 of the Code of Criminal Procedure.

(3) Any other condition of release that is reasonably related to assuring the child's appearance before the court.

D. A violation of any condition by the child or his parents, guardian, or legal custodian shall be considered as a constructive contempt of court.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992; Acts 1995, No. 1158, §1.
La. Code Civ. Proc. art. 4502 — LA Code / Code code-of-civil-procedure / Article 4502
Repealed by Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
Status: repealed

Amended by Acts 1975, No. 566, §1; Acts 2015, No. 260, §2, eff. Jan. 1, 2016.
La. Civ. Code art. 1230 — LA Code / Code civil-code / Article 1230
Presumption in favor of collation.
Status: in_force

Collation must take place, whether the donor has formerly [formally] ordered it, or has remained silent on the subject; for collation is always presumed, where it has not been expressly forbidden.
La. Civ. Code art. 7 — LA Code / Code civil-code / Article 7
Laws for the preservation of the public interest
Status: in_force

Persons may not by their juridical acts derogate from laws enacted for the protection of the public interest. Any act in derogation of such laws is an absolute nullity.

Acts 1987, No. 124, §1, eff. Jan. 1, 1988.
La. Code Civ. Proc. art. 859 — LA Code / Code code-of-civil-procedure / Article 859
Same; judgment or decision
Status: in_force

In pleading a judgment of a domestic or foreign court, or a decision of a judicial or quasi judicial tribunal, or of a board, commission, or officer, it is sufficient to allege the judgment or decision without setting forth matter showing jurisdiction to render it.
La. Civ. Code art. 1366 — LA Code / Code civil-code / Article 1366
Equalization by money when one lot more valuable than others.
Status: in_force

When the lots are of unequal value, such inequality is compensated by means of a return of money, which the coheir, having a lot of more value than the other, pays to his coheirs.
La. Civ. Code art. 226 — LA Code / Code civil-code / Article 226
Parental obligation of direction
Status: in_force

Parents have a moral obligation to provide moral, social, and material direction for their child.

Amended by Acts 1952, No. 265, §1; Acts 1985, No. 714, §1; Acts 2015, No. 260, §1, eff. Jan. 1, 2016.
La. Civ. Code art. 1588 — LA Code / Code civil-code / Article 1588
Joint or separate legacy
Status: in_force

A legacy to more than one person is either joint or separate. It is separate when the testator assigns shares and joint when he does not. Nevertheless, the testator may make a legacy joint or separate by expressly designating it as such.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Civ. Code art. 2707 — LA Code / Code civil-code / Article 2707
Lessor's privilege
Status: in_force

To secure the payment of rent and other obligations arising from the lease of an immovable, the lessor has a privilege on the lessee's movables that are found in or upon the leased property.

In an agricultural lease, the lessor's privilege also encompasses the fruits produced by the land.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Civ. Code art. 2646 — LA Code / Code civil-code / Article 2646
Warranty of existence of debt, solvency of debtor
Status: in_force

The assignor of a right warrants its existence at the time of the assignment.

The assignor does not warrant the solvency of the debtor, however, unless he has agreed to give such a warranty.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Code Civ. Proc. art. 159 — LA Code / Code code-of-civil-procedure / Article 159
Recusal of ad hoc judge
Status: in_force

An ad hoc judge appointed to try a motion to recuse a judge, or appointed to try the cause, may be recused on the grounds and in the manner provided in this Chapter for the recusal of judges.

Redesignated from C.C.P. Art. 161 and amended by Acts 2021, No. 143, §1.
La. Ch. Code art. 1309.1 — LA Code / Code childrens-code / Article 1309.1
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it to the extent that such provisions are not prohibited by the Constitution of Louisiana.

Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Civ. Code art. 3451 — LA Code / Code civil-code / Article 3451
Capacity to renounce
Status: in_force

To renounce prescription, one must have capacity to alienate.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 731 — LA Code / Code civil-code / Article 731
Charge expressly for the benefit of an estate.
Status: in_force

A charge established on an estate expressly for the benefit of another estate is a predial servitude although it is not so designated.

Acts 1977, No. 514, §1.
La. Civ. Code art. 2801 — LA Code / Code civil-code / Article 2801
Partnership; definition.
Status: in_force

A partnership is a juridical person, distinct from its partners, created by a contract between two or more persons to combine their efforts or resources in determined proportions and to collaborate at mutual risk for their common profit or commercial benefit.

Trustees and succession representatives, in their capacities as such, and unincorporated associations may be partners.

Acts 1980, No. 150, §1.
La. Civ. Code art. 1900 — LA Code / Code civil-code / Article 1900
Assignment by obligee
Status: in_force

An obligor who has consented to an assignment of the credit by the obligee to a third person may not claim against the third person any compensation that the obligor otherwise could have claimed against the obligee.

An obligor who has been given notice of an assignment to which the obligor did not consent may not claim compensation against the assignee for an obligation of the assignor arising after that notice.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985; Acts 2025, No. 488, §1.
La. Ch. Code art. 1001.1 — LA Code / Code childrens-code / Article 1001.1
Priority of docketing; adjudication
Status: in_force

Any petition filed and any proceeding held under the provisions of this Title shall be given priority, to the extent practicable, over any other civil action before the court, except emergency proceedings for the protection of the child under Articles 617 through 627, or Domestic Abuse Assistance proceedings under Chapter 8 of Title XV. Any petition filed under the provisions of this Title shall be docketed immediately upon filing, and hearings shall be scheduled for the earliest dates practicable.

Acts 1997, No. 256, §1.
La. Civ. Code art. 1971 — LA Code / Code civil-code / Article 1971
Freedom of parties
Status: in_force

Parties are free to contract for any object that is lawful, possible, and determined or determinable.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Crim. Proc. art. 340 — LA Code / Code code-of-criminal-procedure / Article 340
Recordation of judgment
Status: in_force

A. The district attorney may cause the judgment to be recorded in every parish in which the recordation may be proper. Every such recordation shall be without cost, pursuant to R.S. 13:4521, and shall operate as a judicial mortgage against the defendant and all his sureties.

B. Prior to recordation, the district attorney shall verify the inclusion of information on the judgment, namely, the address and the last four digits of the social security number for the defendant and the personal sureties. Third parties may rely upon the accuracy of the information required by the provisions of this Article for purposes of distinguishing the identity of the defendant and his sureties. Any judgment of bond forfeiture containing inaccurate information required by the provisions of this Article shall be deemed ineffective as a judicial mortgage to third parties who rely upon that information.

Acts 1993, No. 850, §1; Acts 1995, No. 989, §1; Acts 1999, No. 665, §1; Acts 2010, No. 914, §5; Acts 2016, No. 613, §1, eff. Jan. 1, 2017.
La. Ch. Code art. 625.1 — LA Code / Code childrens-code / Article 625.1
Advice of rights for children
Status: in_force

A. At the first hearing at which the child appears, the judge shall advise any child ten years of age or older, in a developmentally appropriate manner and in terms understandable to the child, that the child is a party to the proceedings and has all of the following rights:

(1) To be represented by an independent and qualified attorney who shall have duties of loyalty, confidentiality, advocacy, and competent representation.

(2) To have notice of and attend all hearings.

(3) To have regular and meaningful communication with the child's attorney in a way that is understandable to the child.

(4) To have the child's attorney present the child's case, including presenting the child's wishes.

(5) To testify as to the child's wishes.

(6) To be free from discrimination based on race, religion, disability, national origin, and sex.

(7) To be provided qualified interpretation, translation, and language assistance services.

(8) To be provided reasonable accommodations for any disability.

(9) If the child has been placed in foster care, to be provided an individualized case plan, which shall provide all of the following:

(a) A focus on the child's health, welfare, and safety and achieving a permanent placement that the child helps to develop and that is continuously updated.

(b) A placement with siblings when consistent with the child's health, welfare, and safety.

(c) A visitation plan that protects significant relationships with relatives through continuing contact when consistent with the child's health, welfare, and safety.

(d) If the child is fourteen years of age or older, the inclusion of a transitional plan that is designed for the child, and with the child, to assist in achieving a successful transition and that is continuously updated. The plan shall include education, health, permanent connections, living arrangements, independent living skills, and employment.

(10) To have the child's attorney file a written response objecting to the case plan and to have the judge approve or disapprove all or part of the case plan.

(11) If the child is fourteen years of age or older and in foster care, to the rights as provided in R.S. 46:286.16, Foster Youth's Bill of Rights (FYBOR).

B. Written notice of the rights set forth in Paragraph A of this Article shall be given to the child; the parents, foster parents, or pre-adoptive parents of the child; and any relative providing care to the child.

Acts 2024, No. 92, §1.
La. Code Civ. Proc. art. 3693 — LA Code / Code code-of-civil-procedure / Article 3693
Evidence; judgment
Status: in_force

After considering the evidence, including the testimony and exhibits of a surveyor or other expert appointed by the court or by a party, the court shall render judgment fixing the boundary between the contiguous lands in accordance with the ownership or possession of the parties.

Amended by Acts 1977, No. 169, §2, eff. Jan. 1, 1978.
La. Code Civ. Proc. art. 1357 — LA Code / Code code-of-civil-procedure / Article 1357
Failure to comply with subpoena
Status: in_force

A person who, without reasonable excuse, fails to obey a subpoena may be adjudged in contempt of the court which issued the subpoena. The court may also order a recalcitrant witness to be attached and brought to court forthwith or on a designated day.
La. Ch. Code art. 335 — LA Code / Code childrens-code / Article 335
Preparation of record; costs
Status: in_force

A. The clerk of the trial court shall cause the record on appeal to be prepared and lodged with the appellate court on or before the return day or extension thereof.

B. All records and supplemental records prepared for filing in any appellate court shall be certified and dated by the clerk upon completion. The certification shall include the date any transcript was received for inclusion in the record.

C. All transcripts or parts thereof completed for inclusion in the record shall be dated and certified by the court reporter who prepares them. The date of certification by the court reporter shall be the date on which the transcript was concluded and furnished to the clerk for inclusion in the record.

D. If a child desires a transcript for appeal or for supervisory writ, the child or the parents of the child shall not be assessed the cost of transcription of the record or any other costs associated with the preparation of the record.

E. If a parent, in a proceeding brought pursuant to Title V, VI, VII, X, or XI of this Code, desires a transcript for appeal or for supervisory writ, the parent shall pay the cost of transcription of the record unless the court determines that the parent is unable to pay due to poverty or lack of means. The appointment of counsel for the parent in a proceeding shall create a rebuttable presumption that the parent is unable to pay the costs associated with the preparation of the appellate record or the costs for the transcription of the contested proceedings for inclusion in the appeal or supervisory writ. If the court finds that the presumption has been rebutted, the court shall provide written reasons for its finding.

F. If the court finds that the interests of justice so require, the court may waive the costs of transcription of the record or for supervisory writ for any other party with a right to an appeal who is unable to pay due to poverty or lack of means.

G. Failure of the clerk to prepare and lodge the record on appeal either timely or correctly shall not prejudice the appeal.

Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2022, No. 272, §1.
La. Code Crim. Proc. art. 798 — LA Code / Code code-of-criminal-procedure / Article 798
Causes for challenge by the state
Status: in_force

It is good cause for challenge on the part of the state, but not on the part of the defendant, that:

(1) The juror is biased against the enforcement of the statute charged to have been violated, or is of the fixed opinion that the statute is invalid or unconstitutional;

(2) The juror tendered in a capital case who has conscientious scruples against the infliction of capital punishment and makes it known:

(a) That he would automatically vote against the imposition of capital punishment without regard to any evidence that might be developed at the trial of the case before him;

(b) That his attitude toward the death penalty would prevent or substantially impair him from making an impartial decision as a juror in accordance with his instructions and his oath; or

(c) That his attitude toward the death penalty would prevent him from making an impartial decision as to the defendant's guilt; or

(3) The juror would not convict upon circumstantial evidence.

Amended by Acts 1968, Ex.Sess., No. 13, §1, emerg. eff. Dec. 27, 1968, at 1:00 P.M; Acts 1990, No. 366, §1.
La. Ch. Code art. 1052 — LA Code / Code childrens-code / Article 1052
Duties of department
Status: in_force

A. The department shall make a diligent effort to locate a parent whose rights may be restored and notify him of the effects of the restoration, including the obligation to pay child support or parental contribution. The notice to the parent shall contain a copy of the motion showing the time and date of the hearing.

B. Within forty-five days after the date the motion is filed, or by an earlier date as set by the court, the department shall submit a confidential report to the court which shall include findings on the following:

(1) The change in circumstances since the certification for adoption.

(2) A summary of the reasons why parental rights were terminated and the date of the judgment.

(3) The willingness of the parent to resume contact with the child and to have parental rights restored.

(4) The willingness of the child to resume contact with the parent and to have parental rights restored.

(5) The ability and willingness of the parent to be involved in the life of the child and to accept the physical custody of the child.

(6) Other relevant information.

Acts 2008, No. 436, §1.