FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 1519.1 — LA Code / Code civil-code / Article 1519.1
Penalty clauses
Status: in_force

A provision in a juridical act that purports to penalize a person for filing an action to challenge an inter vivos or mortis causa donation, an action related to a succession, or an action related to a trust administration is unenforceable if, at the time of instituting the action to challenge, a factual basis existed that would lead a reasonable person to conclude that there is a substantial likelihood that the challenge would be successful.

Acts 2025, No. 39, §1.
La. Civ. Code art. 603 — LA Code / Code civil-code / Article 603
Disposition of the naked ownership; alienation or encumbrance of the property
Status: in_force

The naked owner may dispose of the naked ownership, but he cannot thereby affect the usufruct.

Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
La. Code Crim. Proc. art. 710 — LA Code / Code code-of-criminal-procedure / Article 710
Prevention of continuance by admission of adverse party
Status: in_force

When a motion for a continuance is based on the absence of a material witness, and the adverse party admits that if the witness were present he would testify as stated in the motion, the court may proceed to the trial of the case. If the court is of the opinion that despite the admission, the case cannot be tried with justice to the applicant, it may require the adverse party to admit also the truth of the testimony as a condition of refusing to grant the continuance.
La. Civ. Code art. 3524 — LA Code / Code civil-code / Article 3524
Immovables situated in this state
Status: in_force

Except as otherwise provided in this Title, the rights and obligations of spouses with regard to immovables situated in this state are governed by the law of this state. Whether such immovables are community or separate property is determined in accordance with the law of this state, regardless of the domicile of the acquiring spouse at the time of acquisition.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.
La. Civ. Code art. 3022 — LA Code / Code civil-code / Article 3022
Disclosed mandate or principal; third person bound
Status: in_force

A third person with whom a mandatary contracts in the name of the principal, or in his own name as mandatary, is bound to the principal for the performance of the contract.

Acts 1997, No. 261, §1, eff. Jan. 1, 1998.
La. Code Crim. Proc. art. 1001.1 — LA Code / Code code-of-criminal-procedure / Article 1001.1
Duties of the sheriff; other law enforcement agencies
Status: in_force

Notwithstanding any provision of law to the contrary, the sheriff may enter into an agreement with any other law enforcement agency to have that law enforcement agency assume the duties of the sheriff under this Title.

Acts 2019, No. 427, §3.
La. Ch. Code art. 670 — LA Code / Code childrens-code / Article 670
Notice of predisposition report and examination
Status: in_force

A. Prior to or during the disposition hearing, the court shall advise the petitioner, counsel for the child, and counsel for the parents of the factual contents and the conclusions of the predisposition report authorized by Article 668 and any other reports considered by the court. The court need not, but may, disclose sources of factual information to counsel for the child.

B. If the court has ordered a mental examination of the child or his parents pursuant to Article 669, the court, prior to the disposition hearing, shall provide the petitioner and counsel for the child and parent with copies of reports submitted in connection with such mental examination.

C. The court shall afford the petitioner and counsel for the child and parent fair opportunity to controvert factual contents and conclusions disclosed pursuant to Paragraphs A and B of this Article.

Acts 1991, No. 235, §6, eff. Jan. 1, 1992.
La. Civ. Code art. 805 — LA Code / Code civil-code / Article 805
Disposition of undivided share
Status: in_force

A co-owner may freely lease, alienate, or encumber his share of the thing held in indivision. The consent of all the co-owners is required for the lease, alienation, or encumbrance of the entire thing held in indivision.

Acts 1990, No. 990, §1, eff. Jan. 1, 1991.
La. Ch. Code art. 793 — LA Code / Code childrens-code / Article 793
Records
Status: in_force

A. The confidentiality of Family in Need of Services records, including the existence of such records, shall be preserved and shall not be disclosed by any record custodian without the consent of the child or order of the court in accordance with Article 412.

B. Records and reports concerning any Families in Need of Services matter shall not be identified, maintained, or otherwise handled by the court or by any other agency or person as a juvenile delinquency or criminal matter.

Acts 2017, No. 362, §1.
La. Civ. Code art. 2538 — LA Code / Code civil-code / Article 2538
Multiple sellers, multiple buyers, successors
Status: in_force

The warranty against redhibitory vices is owed by each of multiple sellers in proportion to his interest.

Multiple buyers must concur in an action for rescission because of a redhibitory defect. An action for reduction of the price may be brought by one of multiple buyers in proportion to his interest.

The same rules apply if a thing with a redhibitory defect is transferred, inter vivos or mortis causa, to multiple successors.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Civ. Code art. 1477 — LA Code / Code civil-code / Article 1477
Capacity to donate, mental condition of donor
Status: in_force

To have capacity to make a donation inter vivos or mortis causa, a person must also be able to comprehend generally the nature and consequences of the disposition that he is making.

Acts 1991, No. 363, §1.
La. Ch. Code art. 1547 — LA Code / Code childrens-code / Article 1547
Judicial authorization; compelling reasons
Status: in_force

Upon application by a minor of the age of sixteen or seventeen, the judge may authorize the marriage when there is a compelling reason why the marriage should take place. The court shall consider the best interest of the minor prospective spouse.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992; Acts 2019, No. 401, §3.
La. Code Crim. Proc. art. 952 — LA Code / Code code-of-criminal-procedure / Article 952
Clerk of affected court
Status: in_force

A. During the period in which the supreme court has ordered emergency sessions of court pursuant to Article 944, the clerk of court of the affected court is authorized to establish an ancillary office in the host jurisdiction in which the emergency sessions of the court are held.

B. The clerk of court of the affected court shall continue to exercise all necessary powers, duties, and authority of his office in order to maintain the effective operation and integrity of the criminal justice system of the affected court in the host jurisdiction, including but not limited to the assessment of fees to which the clerk is entitled. This authority shall be limited to all matters and proceedings within the jurisdiction of the affected court.

C. If the affected court is located in Orleans Parish, the provisions of this Article shall apply to the recorder of mortgages and register of conveyances for the parish of Orleans.

D. The provisions of this Article are included in the other duties of the clerk provided by law as authorized by Article V, Section 28(A) of the Constitution of Louisiana.

Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
La. Code Crim. Proc. art. 745 — LA Code / Code code-of-criminal-procedure / Article 745
Uniformity of interpretation
Status: in_force

Articles 741 through 744 shall be so interpreted and construed as to effect their general purpose to make uniform the law of the states which enact similar provisions.
La. Civ. Code art. 2703 — LA Code / Code civil-code / Article 2703
When and where rent is due
Status: in_force

In the absence of a contrary agreement, usage, or custom:

(1) The rent is due at the beginning of the term. If the rent is payable by intervals shorter than the term, the rent is due at the beginning of each interval.

(2) The rent is payable at the address provided by the lessor and in the absence thereof at the address of the lessee.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Crim. Proc. art. 974 — LA Code / Code code-of-criminal-procedure / Article 974
Dissemination of expunged records by third parties; court order
Status: in_force

A. A private third-party entity, excluding a news-gathering organization, that compiles and disseminates criminal history information for compensation shall not disseminate any information in its possession regarding an arrest, conviction, or other disposition after it has received notice of an issuance of a court order to expunge the record of any such arrest or conviction. The provisions of this Paragraph shall not apply to private third-party entities which are regulated by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) or the Gramm-Leach-Bliley Act (15 U.S.C. §6801-6809).

B. The person obtaining the expungement shall send notice of the order of expungement by certified or registered mail with return receipt requested and a certified copy of the order of expungement.

C. A private third-party entity that publicly disseminates criminal history information in violation of this Article after having received notice as provided for in Paragraph B of this Article, may be liable for any actual damages, court costs, and attorney fees that are incurred by the person whose criminal history was disseminated.

Acts 2014, No. 145, §1.
La. Code Civ. Proc. art. 924 — LA Code / Code code-of-civil-procedure / Article 924
Form of exceptions
Status: in_force

All exceptions shall comply with Articles 853, 854, and 863, and, whenever applicable, with Articles 855 through 861. They shall set forth the name and surname of the exceptor, shall state with particularity the objections urged and the grounds thereof, and shall contain a prayer for the relief sought.
La. Code Civ. Proc. art. 1475 — LA Code / Code code-of-civil-procedure / Article 1475
Affidavit for medical cost; counter affidavit; service
Status: in_force

A.(1) Unless a controverting affidavit is filed as provided for in this Article, an affidavit establishing medical services and costs shall be sufficient evidence to support a finding of fact by a judge or jury that the bill is authentic.

(2) The affidavit shall be made either by the person who provided the medical service or by the official custodian in charge of the medical records. The affidavit shall be accompanied by an itemized statement which shall set forth with specificity the medical service provided and the corresponding charge.

(3) The party submitting the affidavit in evidence shall file the affidavit with the clerk of court and serve a copy of the affidavit on other parties and all persons affected thereby at least thirty days before the trial.

B.(1) Any party intending to contravene the affidavit shall file a counter affidavit with the clerk of court and serve a copy of the counter affidavit on the other party or party's attorney of record not later than fifteen days after receipt of a copy of the affidavit and at least ten days before the trial or at any time before the trial with leave of court.

(2) The counter affidavit shall establish a reasonable basis on which the party intends to controvert the claim set forth in the initial affidavit and shall be made by a person who is qualified either by knowledge, skill, experience, training, or education, to testify in contravention of all or part of any matters contained in the initial affidavit.

C. If a counter affidavit is filed, and after opportunity for hearing, a party who fails to establish to the court's satisfaction that the medical statements are not authentic shall be required to pay to the initial affiant all costs and expenses incurred as a result of the hearing. The court may waive assessment of costs and expenses if it finds that the counter affidavit was substantially justified or that other circumstances make an award of expenses unjust.

Acts 1997, No. 72, §1.
La. Civ. Code art. 3145 — LA Code / Code civil-code / Article 3145
Preference afforded by pledge
Status: in_force

Pledge gives the pledgee the right to be satisfied from the thing pledged and its fruits in preference to unsecured creditors of the pledgor and to other persons whose rights become effective against the pledgee after the pledge has become effective as to them.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Ch. Code art. 1105 — LA Code / Code childrens-code / Article 1105
Recordkeeping generally
Status: in_force

The clerks of the respective juvenile courts shall open separate records and keep separate indices of all documents filed in accordance with this Title. All such records shall be indexed in the name of the child and shall be subject to disclosure only as provided in this Title.

Acts 1991, No. 235, §11, eff. Jan. 1, 1992.
La. Civ. Code art. 1244 — LA Code / Code civil-code / Article 1244
Expenditures not subject to collation.
Status: in_force

Neither the expenses of board, support, education and apprenticeship are subject to collation, nor are marriage presents which do not exceed the disposable portion.
La. Code Civ. Proc. art. 2791 — LA Code / Code code-of-civil-procedure / Article 2791
Registration of support orders for enforcement only
Status: in_force

A. A support order rendered by a court of this state may be registered for enforcement in another court of this state.

B. An obligee of a support order seeking to register a support order pursuant to the provisions of this Paragraph shall transmit to the clerk of the registering court all of the following:

(1) A certified copy of the support order.

(2) A verified statement of support or a federally approved URESA or UIFSA form, signed by a party to the support order, indicating all of the following:

(a) The name and street address of the obligee.

(b) The name, last known place of residence, and post office or street address of the obligor.

(c) The total amount of arrearages owed pursuant to the support order which have not been reduced to a judgment.

(d) A list of all the jurisdictions in which the order is registered.

C. Upon receipt of these documents, the clerk of court shall:

(1) Treat the documents as if they were a petition seeking relief relative to a family law matter by assigning a docket number and, if applicable, designate a division to which the matter is allotted.

(2) Register the support order by stamping or making a notation thereof on the certified copy of the support order in substantially the following form: "REGISTERED FOR ENFORCEMENT by the Clerk of the [District, Family, or Juvenile] Court in and for the Parish of [name of parish] on [date]."

(3)(a) Send a copy of the registered support order and verified statement of support, by certified or registered mail, to the obligor at the addresses provided in the verified statement of support, or

(b) Issue service of process as permitted by law and notice of registration in lieu of citation, which shall be served by ordinary process.

D. The filing of a support order in compliance with the provisions hereof constitutes registration of the support order for enforcement.

Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1.
La. Code Crim. Proc. art. 597 — LA Code / Code code-of-criminal-procedure / Article 597
Prosecution in other jurisdiction
Status: in_force

Double jeopardy does not apply to a prosecution under a law enacted by the Louisiana Legislature if the prior jeopardy was in a prosecution under the laws of another state or the United States.

Amended by Acts 1972, No. 648, §1.
La. Code Civ. Proc. art. 3612 — LA Code / Code code-of-civil-procedure / Article 3612
Appeals
Status: in_force

A. There shall be no appeal from an order relating to a temporary restraining order.

B. An appeal may be taken as a matter of right from an order or judgment relating to a preliminary or final injunction, but such an order or judgment shall not be suspended during the pendency of an appeal unless the court in its discretion so orders.

C. An appeal from an order or judgment relating to a preliminary injunction must be taken, and any bond required must be furnished, within fifteen days from the date of the order or judgment. The court in its discretion may stay further proceedings until the appeal has been decided.

D. Except as provided in this Article, the procedure for an appeal from an order or judgment relating to a preliminary or final injunction shall be as provided in Book III.

Acts 2001, No. 512, §1.
La. Ch. Code art. 531 — LA Code / Code childrens-code / Article 531
Children's Advocacy Clearinghouse; establishment; purpose
Status: in_force

The legislature finds that the establishment of the Children's Advocacy Clearinghouse by the Louisiana Commission on Law Enforcement and Administration of Criminal Justice for the processing of child sex abuse cases among the various responsible agencies is in the best interest of the children of Louisiana.

Acts 2003, No. 749, §1.
La. Ch. Code art. 1281.6 — LA Code / Code childrens-code / Article 1281.6
Venue in intercountry adoption
Status: in_force

A. A proceeding for an intercountry adoption may be commenced in either:

(1) The juvenile court in the parish of the domicile of the petitioner.

(2) The juvenile court in the parish of the domicile of the custodian of the child.

B. An attorney at law named as representative of the prospective adoptive parent shall not be deemed the legal custodian of the child for purposes of proper jurisdiction or venue.

Acts 1999, No. 1268, §1; Acts 2013, No. 86, §1.
La. Civ. Code art. 3129 — LA Code / Code civil-code / Article 3129
Approval of award by judge.
Status: in_force

The award in order to be put in execution, ought to be approved by the judge; but this formality is only intended to invest the award with a sufficient authority to ensure its execution and not to submit to the judge the examination of its merits, except in case an appeal is brought before him.
La. Code Civ. Proc. art. 1261 — LA Code / Code code-of-civil-procedure / Article 1261
Domestic or foreign corporation
Status: in_force

A. Service of citation or other process on a domestic or foreign corporation is made by personal service on any one of its agents for service of process.

B. If the corporation has failed to designate an agent for service of process, if there is no registered agent by reason of death, resignation, or removal, or if the person attempting to make service certifies that he is unable, after due diligence, to serve the designated agent, service of the citation or other process may be made by any of the following methods:

(1) By personal service on any officer, or director, or on any person named as such in the last report filed with the secretary of state.

(2) By personal service on any employee of suitable age and discretion at any place where the business of the corporation is regularly conducted.

(3) By service of process under the provisions of R.S. 13:3204, if the corporation is subject to the provisions of R.S. 13:3201.

C. Service of citation or other process on a bank is made pursuant to R.S. 6:285(C).

Amended by Acts 1988, No. 37, §1, eff. June 10, 1988; Acts 1991, No. 656, §2; Acts 1995, No. 859, §1; Acts 1995, No. 1257, §1.
La. Code Civ. Proc. art. 2638 — LA Code / Code code-of-civil-procedure / Article 2638
Order for issuance of writ of seizure and sale
Status: in_force

If the plaintiff is entitled thereto, the court shall order the issuance of a writ of seizure and sale commanding the sheriff to seize and sell the property affected by the mortgage or privilege, as prayed for and according to law.
La. Code Civ. Proc. art. 225 — LA Code / Code code-of-civil-procedure / Article 225
Same; procedure for punishing
Status: in_force

A. Except as otherwise provided by law, a person charged with committing a constructive contempt of court may be found guilty thereof and punished therefor only after the trial by the judge of a rule against him to show cause why he should not be adjudged guilty of contempt and punished accordingly. The rule to show cause may issue on the court's own motion or on motion of a party to the action or proceeding and shall state the facts alleged to constitute the contempt. A person charged with committing a constructive contempt of a court of appeal may be found guilty thereof and punished therefor after receiving a notice to show cause, by brief, to be filed not less than forty-eight hours from the date the person receives such notice why he should not be found guilty of contempt and punished accordingly. The person so charged shall be granted an oral hearing on the charge if he submits a written request to the clerk of the appellate court within forty-eight hours after receiving notice of the charge. Such notice from the court of appeal may be sent by registered or certified mail or may be served by the sheriff. In all other cases, a certified copy of the motion, and of the rule to show cause, shall be served upon the person charged with contempt in the same manner as a subpoena at least forty-eight hours before the time assigned for the trial of the rule.

B. If the person charged with contempt is found guilty the court shall render an order reciting the facts constituting the contempt, adjudging the person charged with contempt guilty thereof, and specifying the punishment imposed.

Amended by Acts 1984, No. 530, §2.
La. Civ. Code art. 1933 — LA Code / Code civil-code / Article 1933
Option contracts
Status: in_force

An option is a contract whereby the parties agree that the offeror is bound by his offer for a specified period of time and that the offeree may accept within that time.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 1874 — LA Code / Code civil-code / Article 1874
Fortuitous event that would have destroyed object in hands of obligee
Status: in_force

An obligor who had been put in default when a fortuitous event made his performance impossible is not liable for his failure to perform if the fortuitous event would have likewise destroyed the object of the performance in the hands of the obligee had performance been timely rendered.

That obligor is, however, liable for the damage caused by his delay.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 487 — LA Code / Code civil-code / Article 487
Possessor in good faith; definition.
Status: in_force

For purposes of accession, a possessor is in good faith when he possesses by virtue of an act translative of ownership and does not know of any defects in his ownership. He ceases to be in good faith when these defects are made known to him or an action is instituted against him by the owner for the recovery of the thing.

Acts 1979, No. 180, §1.
La. Civ. Code art. 3475 — LA Code / Code civil-code / Article 3475
Requisites
Status: in_force

The requisites for the acquisitive prescription of ten years are: possession of ten years, good faith, just title, and a thing susceptible of acquisition by prescription.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Civ. Code art. 771 — LA Code / Code civil-code / Article 771
Renunciation of servitude.
Status: in_force

A predial servitude is extinguished by an express and written renunciation by the owner of the dominant estate.

Acts 1977, No. 514, §1.
La. Code Civ. Proc. art. 1469.1 — LA Code / Code code-of-civil-procedure / Article 1469.1
Order compelling discovery of medical records
Status: in_force

No order, subpoena, or subpoena duces tecum for the purpose of obtaining or compelling the production or inspection of medical, hospital, or other records relating to a person's medical treatment, history, or condition, including a subpoena or order issued under Article 1463 and including a subpoena compelling the attendance of the custodian of records or other employee of the health care provider, either by name, title, or position, in connection with such production, shall be granted or issued except as provided in R.S. 13:3715.1.

Acts 1986, No. 1046, §1; Acts 1988, No. 980, §1; Acts 1995, No. 1250, §1.