FrankGoortani/open-us-law huggingface dataset:
La. Code Civ. Proc. art. 3901 — LA Code / Code code-of-civil-procedure / Article 3901
Definition
Status: in_force

Quo warranto is a writ directing an individual to show by what authority he claims or holds public office, or office in a corporation or limited liability company, or directing a corporation or limited liability company to show by what authority it exercises certain powers. Its purpose is to prevent usurpation of office or of powers.

Acts 2017, No. 419, §1
La. Civ. Code art. 1280 — LA Code / Code civil-code / Article 1280
Privilege of seizing coheirs on proceeds of mortgage sale.
Status: in_force

If the property thus seized and sold is the same which was subject to the collation, the coheirs seizing, or their representatives, shall be paid the amount of their debt due for the collation, by privilege and in preference to all the creditors of the donee, even to those to whom he may have mortgaged the property for his own debts or engagements, previous to the opening of the succession, saving to these mortgage creditors their recourse against other property of the donee.
La. Civ. Code art. 189 — LA Code / Code civil-code / Article 189
Time limit for disavowal by the husband
Status: in_force

The action for disavowal of paternity is subject to a liberative prescription of one year. This prescription commences to run from the day of the birth of the child, or the day the husband knew or should have known that he may not be the biological father of the child, whichever occurs later.

Nevertheless, if the husband lived separate and apart from the mother continuously during the three hundred days immediately preceding the birth of the child, this prescription does not commence to run until the husband is notified in writing that a party in interest has asserted that the husband is the father of the child.

Amended by Acts 1976, No. 430, §1; Acts 1999, No. 790, §1; Acts 2005, No. 192, §1, eff. June 29, 2005; Acts 2016, No. 309, §1.
La. Code Civ. Proc. art. 1441 — LA Code / Code code-of-civil-procedure / Article 1441
Production of documents and things
Status: in_force

The notice to a party deponent may be accompanied by a request made in compliance with Article 1461 for the production of documents and tangible things at the taking of the deposition. The procedure of Articles 1461 through 1463 shall apply to the request.

Acts 1976, No. 574, §1.
La. Civ. Code art. 1984 — LA Code / Code civil-code / Article 1984
Rights and obligations will pass to successors
Status: in_force

Rights and obligations arising from a contract are heritable and assignable unless the law, the terms of the contract or its nature preclude such effects.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Civ. Proc. art. 2785 — LA Code / Code code-of-civil-procedure / Article 2785
Definitions
Status: in_force

For purposes of this Section:

(1) "Confirmed registered support order" means a support order registered pursuant to the provisions of Article 2786 and subsequently confirmed by a registering court or operation of law pursuant to the provisions of Article 2788(A)(2) or (B) or Article 2793(A)(2), (A)(3), or (B).

(2) "Rendering court" means the district or, if applicable, family or juvenile court which rendered the support order.

(3) "Registering court" means the district or, if applicable, family or juvenile court in which a support obligation rendered by another court of this state has been filed.

(4) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income withholding, attorney fees, and other relief.

(5) "Party to a support order" means the obligee of a support order, or the state of Louisiana, Department of Children and Family Services, or similar agency of another jurisdiction or state when supplying support services as defined in or substantially similar to R.S. 46:236.1(A)(7) 1 , or under the Uniform Interstate Family Support Act (UIFSA), or in performance of its official duties under Title IV, Subchapter D of the Social Security Act as stated in 45 C.F.R. 301.1.

Added by Acts 1997, No. 603, §2; Acts 1999, No. 210, §1 .

1 H.B. 1145, 1999 R.S., introduced to enact R.S. 46:236.1(A)(7), did not pass.
La. Ch. Code art. 746 — LA Code / Code childrens-code / Article 746
Authority to file petition
Status: in_force

If there are reasonable grounds to believe that the family is in need of services, a family in need of services proceeding shall be commenced by a petition filed by the district attorney or any other attorney authorized by the court.

Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1.
La. Code Crim. Proc. art. 716 — LA Code / Code code-of-criminal-procedure / Article 716
Statements by the defendant, codefendants, and witnesses
Status: in_force

A. Upon written motion of the defendant, the court shall order the district attorney to disclose to the defendant, and to permit or authorize the defendant to inspect and copy, photograph or otherwise reproduce any relevant written or recorded confession or statement of any nature, including recorded testimony before a grand jury, or copy thereof, of the defendant in the possession, custody, control, or knowledge of the district attorney.

B. Except as provided by Paragraph C of this Article, upon written motion of the defendant, the court shall order the district attorney to inform the defendant of the existence, but not the contents, of any oral confession or statement of any nature made by the defendant or any codefendant which the district attorney intends to offer in its case in chief at the trial, with the information as to when, where, and to whom such oral confession or statement was made.

C. Upon written motion of the defendant, the court shall order the district attorney to inform the defendant of the substance of any oral statement made by the defendant or any codefendant which the state intends to offer in its case in chief at the trial, whether before or after arrest, in response to interrogation by any person then known to the defendant or the codefendant to be a law enforcement officer.

D. Upon written motion of the defendant, the court shall order the district attorney to disclose to the defendant, and to permit or authorize the defendant to inspect and copy any written or recorded statements of any witness the state intends to call in its case in chief at the trial. For purposes of this Article: (1) "written or recorded statement of a witness" shall mean any audio or audio-video recording of an oral statement or interview of a witness, and any statement a witness writes or signs; (2) for the purposes of this Article, "trial" shall mean the phase of the case at which the state attempts to meet its burden as to guilt, and specifically does not extend to pretrial matters or hearings, or to the penalty phase in capital prosecutions. The state need not provide the defendant any written or recorded statement of its witnesses until immediately prior to the opening statement at trial.

E. Nothing in this Chapter shall be construed to require that testimony before a grand jury be recorded.

F. Nothing contained in this Chapter shall obligate the state to provide to any defendant a witness list for any trial or pretrial matter.

Added by Acts 1977, No. 515, §1; Acts 2013, No. 250, §1.

NOTE: See Acts 2013, No. 250, §2, relative to applicability.
La. Ch. Code art. 1150 — LA Code / Code childrens-code / Article 1150
Definitions
Status: in_force

As used in this Chapter:

(1) "Department" means the Department of Children and Family Services.

(2) "Designated emergency care facility" means any of the following:

(a) Any hospital licensed in the state of Louisiana.

(b) Any of the following medical clinics during normal and customary hours of operation: local or parish public health units, licensed rural health clinics, licensed ambulatory surgical centers, and federally qualified health centers. Offices, clinics, or other types of treatment facilities, private physicians, or dentists not listed above are not designated emergency care facilities within the meaning of this Subparagraph.

(c) Any manned fire station.

(d) Any manned law enforcement station.

(e) Repealed by Acts 2024, No. 398, §2.

(3) "Emergency medical service provider" means a licensed emergency medical service provider, when dispatched as a result of a "911" call from a parent who wishes to relinquish his infant under this Chapter.

(4) "Infant" means a child not previously subjected to abuse or neglect, who is not more than sixty days old as determined within a reasonable degree of medical certainty by an examining physician. However, if the infant was admitted to a neonatal intensive care unit upon birth and has not been discharged from the hospital, then the sixty days shall commence from the date of initial discharge.

(5) "Relinquish" or "relinquishment" of an infant means to give over possession or control of him by a parent to another in compliance with this Chapter, with the settled intent to forego all parental responsibilities.

Acts 2003, No. 609, §2; Acts 2009, No. 284, §1, eff. July 1, 2009; Acts 2013, No. 186, §1; Acts 2016, No. 80, §3; Acts 2018, No. 134, §1; Acts 2022, No. 271, §6; Acts 2024, No. 145, §1; Acts 2024, No. 398, §2.
La. Code Civ. Proc. art. 1449 — LA Code / Code code-of-civil-procedure / Article 1449
Taking of testimony; preparation of record; notice of filing
Status: in_force

A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Articles 1443, 1445, and 1446, to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by him.

When the deposition is filed the party taking it shall promptly give notice thereof to all other parties.

Acts 1976, No. 574, §1.
La. Ch. Code art. 856 — LA Code / Code childrens-code / Article 856
Answer to petition
Status: in_force

A. After the child has been advised pursuant to Article 855, the court shall inquire how the child responds. The child may:

(1) Deny the allegations of the petition, in which case the court shall set the matter for an adjudication hearing.

(2) Deny the allegations of the petition and contest the request for adjudication due to insanity as defined in this Title, in which case the court shall not adjudicate the child without a hearing, at which time the child has the burden of establishing this defense.

(3) Admit the allegations of the petition, in which case the court shall further inquire to determine whether there is a factual basis for adjudication. If so, the court may then adjudicate the child delinquent.

(4) With the court's permission, enter a response of nolo contendere. If, in its discretion, the court accepts such response, the court shall further inquire to determine whether there is a factual basis for adjudication, and it may then adjudicate the child delinquent.

B. A child shall plead when called upon to answer. If he stands mute, refuses to plead, or pleads evasively, a denial of the petition shall be entered of record.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.
La. Ch. Code art. 1469 — LA Code / Code childrens-code / Article 1469
Formal voluntary admission
Status: in_force

A. Any minor with mental illness or minor suffering from substance abuse who is sixteen years old or older and who desires admission to a treatment facility for diagnosis or treatment of a psychiatric disorder or substance abuse and who is deemed suitable for formal voluntary admission by the admitting physician may be so admitted upon his written request.

B. A minor patient admitted under the provisions of this Article shall not be detained in the treatment facility for longer than seventy-two hours after making a valid written request for discharge to the director of the treatment facility unless an emergency certificate is executed pursuant to Article 1422 or unless judicial commitment is instituted pursuant to Chapter 9 of this Title.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
La. Civ. Code art. 758 — LA Code / Code civil-code / Article 758
Imprescriptibility of natural servitudes.
Status: in_force

The prescription of nonuse does not run against natural servitudes.

Acts 1977, No. 514, §1.
La. Civ. Code art. 1911 — LA Code / Code civil-code / Article 1911
Commutative contracts
Status: in_force

A contract is commutative when the performance of the obligation of each party is correlative to the performance of the other.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 886 — LA Code / Code civil-code / Article 886
Representation of deceased persons only
Status: in_force

Only deceased persons may be represented.

Acts 1981, No. 919, §1, eff. Jan. 1, 1982.
La. Ch. Code art. 445 — LA Code / Code childrens-code / Article 445
Supplementary local rules
Status: in_force

Pursuant to Article 401, each court is authorized to adopt additional local rules as needed in order to implement mediation to resolve disputes in juvenile proceedings.

Acts 1999, No. 894, §1.
La. Ch. Code art. 1614 — LA Code / Code childrens-code / Article 1614
Compact administrator
Status: in_force

NOTE: Art. 1614 repealed by Acts 2010, No. 893, §2, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

Acts 1991, No. 235, §16, eff. Jan. 1, 1992; Acts 2010, No. 893, §2.
La. Ch. Code art. 1151 — LA Code / Code childrens-code / Article 1151
Relinquishment of infants; defense to prosecution
Status: in_force

A.(1) If a parent wishes to relinquish his infant, the parent may leave the infant in the care of any employee of a designated emergency care facility or in a newborn safety device that is located in a designated emergency care facility that is manned continuously on a twenty-four-hour basis, seven days per week, and three hundred sixty-five days per year and meets the specifications provided in Subparagraph (2) of this Paragraph. The employee who mans the newborn safety device shall be an emergency response provider, as defined in 6 U.S.C. 101, who is certified in neonatal resuscitation and pediatric advanced life support.

(2) Each newborn safety device shall meet all of the following specifications:

(a) The device has been voluntarily installed by the designated emergency care facility.

(b) The device is installed in a location that ensures the anonymity of the relinquishing parent and has a climate-controlled environment.

(c) The device is installed by a licensed contractor.

(d) The access door to the device locks automatically upon closure when a newborn is in the device.

(e) The supporting frame of the device is anchored so as to align the bed portion of the device directly beneath the access door and prevent movement of the unit as a whole.

(f) The device features a safe sleep environment which includes a firm, flat bassinet mattress and a sheet that fits snugly on and overlaps the mattress and is free of pillows, bumpers, blankets, and other bedding.

(3) Each designated emergency care facility that installs a newborn safety device shall post department-approved signage at the site of the device that clearly identifies the device and provides both written and pictorial instruction to the relinquishing parent to open the access door, place the infant inside the device, and close the access door to engage the lock. The signage shall also clearly indicate all of the following:

(a) The maximum age of an infant who may be relinquished in accordance with this Chapter.

(b) That the child must not have been previously subjected to abuse or neglect.

(c) That by placing an infant in the newborn safety device, a parent is foregoing all parental responsibilities with respect to the infant and is giving consent for the state to take custody of the infant.

B. If the parent is unable to travel to a designated emergency care facility, the parent may call "911", and a firefighter, a law enforcement officer, or an emergency medical service provider shall immediately be dispatched to meet the parent and transport the child to a hospital and to ensure that all requirements listed in Article 1152(D) through (I) have been met.

C. Relinquishment of an infant in accordance with this Chapter is not a criminal act of neglect, abandonment, cruelty, or a crime against the child and shall not be subject to an investigation for abandonment by the department.

Acts 2003, No. 609, §2; Acts 2018, No. 134, §1; Acts 2021, No. 421, §1; Acts 2024, No. 398, §1.
La. Code Civ. Proc. art. 1915 — LA Code / Code code-of-civil-procedure / Article 1915
Final and interlocutory judgments; partial judgment; partial exception; partial summary judgment
Status: in_force

A. A final judgment may be rendered, even though it may not grant the successful party or parties all of the relief prayed for, or may not adjudicate all of the issues in the case, when the court:

(1) Dismisses the suit as to fewer than all of the parties, defendants, third-party plaintiffs, third-party defendants, or interveners.

(2) Grants a motion for judgment on the pleadings, as provided by Articles 965, 968, and 969.

(3) Grants a motion for summary judgment, as provided by Articles 966 through 969, but not including a summary judgment granted pursuant to Article 966(E).

(4) Grants a judgment on either the principal or incidental demand, when the two have been tried separately, as provided by Article 1038.

(5) Grants a judgment on the issue of liability when that issue has been tried separately by the court, or when, in a jury trial, the issue of liability has been tried before a jury and the issue of damages is to be tried before a different jury.

(6) Imposes sanctions or disciplinary action pursuant to Article 191, 863, or 864 or Code of Evidence Article 510(G).

B. If an appeal is taken from any judgment rendered in accordance with Paragraph A this Article, the trial court shall retain jurisdiction to adjudicate the remaining issues in the case.

C. Except as otherwise provided by law, when a court grants a judgment or summary judgment, or sustains an exception in part, as to one or more but fewer than all of the claims, demands, issues, or theories by or against a party, whether in an original demand, reconventional demand, cross-claim, third-party claim, or intervention, that judgment is an interlocutory judgment.

D. All judgments rendered in accordance with this Article shall be reduced to writing and signed by the court.

Acts 1983, No. 534, §3; Acts 1992, No. 71, §1; Acts 1997, No. 483, §2, eff. July 1, 1997; Acts 1999, No. 89, §1; Acts 1999, No. 1263, §1, eff. Jan. 1, 2000; Acts 2001, No. 553, §1; Acts 2013, No. 391, §1; Acts 2025, No. 250, §3.
La. Ch. Code art. 724 — LA Code / Code childrens-code / Article 724
Motion for modification of guardianship; termination of guardianship
Status: in_force

A. The court shall retain jurisdiction to enforce, modify, or terminate a guardianship order until the child attains eighteen years of age. The program representing the child in the child of need of care proceedings pursuant to Children's Code Article 607 and the program representing the indigent parents in the child in need of care proceedings pursuant to Children's Code Article 608 shall provide representation in guardianship proceedings.

B.(1) Any of the following parties may seek to enforce, modify or terminate a guardianship order:

(a) The department.

(b) Counsel for the child.

(c) The guardian or, if the guardian is incapacitated, an individual previously named as a successor guardian by the guardian in a guardianship subsidy agreement with the department.

(d) A parent permitted to intervene under Children's Code Article 707.

(e) The court on its own motion.

(2) A copy of the motion to modify shall be personally served on the parents, and the court shall promptly notify the programs representing the child and indigent parents, respectively, in child in need of care proceedings.

C. A guardianship order may be enforced in accordance with the contempt provisions of Chapter 2 of Title XV of this Code.

D. A guardianship order may be modified or terminated if the court finds by clear and convincing evidence that there has been a substantial and material change in the circumstances of the guardian or child because of any of the following:

(1) The guardian no longer wishes to serve or can no longer serve as guardian of the child.

(2) Continuation of the guardianship is so deleterious to the child as to justify a modification or termination of the relationship or the harm likely to be caused from a change in the guardianship is substantially outweighed by the advantages to the child of the modification.

E. The court shall hold a hearing before modifying or terminating a guardianship and shall, at the conclusion of the hearing, enter a written order that includes the findings upon which the order is based.

Acts 2011, No. 128, §1; Acts 2014, No. 354, §1; Acts 2015, No. 124, §1, eff. June 19, 2015.
La. Civ. Code art. 555 — LA Code / Code civil-code / Article 555
Nonapportionment of natural fruits.
Status: in_force

The usufructuary acquires the ownership of natural fruits severed during the existence of the usufruct. Natural fruits not severed at the end of the usufruct belong to the naked owner.

Acts 1976, No. 103, §1.
La. Civ. Code art. 398 — LA Code / Code civil-code / Article 398
Effective date of modification or termination of a judgment of interdiction
Status: in_force

An order modifying or terminating a judgment of interdiction is effective on the date signed by the court.

Acts 2000, 1st Ex. Sess., No. 25, §1, eff. July 1, 2001.
La. Code Crim. Proc. art. 558 — LA Code / Code code-of-criminal-procedure / Article 558
Plea of guilty of lesser included offense
Status: in_force

The defendant, with the consent of the district attorney, may plead guilty of a lesser offense that is included in the offense charged in the indictment.
La. Civ. Code art. 943 — LA Code / Code civil-code / Article 943
Reconciliation or forgiveness
Status: in_force

A successor shall not be declared unworthy if he proves reconciliation with or forgiveness by the decedent.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Code Crim. Proc. art. 786 — LA Code / Code code-of-criminal-procedure / Article 786
Examination of jurors
Status: in_force

The court, the state, and the defendant shall have the right to examine prospective jurors. The scope of the examination shall be within the discretion of the court. A prospective juror, before being examined, shall be sworn to answer truthfully questions asked him relative to his qualifications to serve as a juror in the case.