FrankGoortani/open-us-law huggingface dataset:
La. Civ. Code art. 1909 — LA Code / Code civil-code / Article 1909
Onerous contracts
Status: in_force

A contract is onerous when each of the parties obtains an advantage in exchange for his obligation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Code Evid. art. 603 — LA Code / Code code-of-evidence / Article 603
Oath or affirmation
Status: in_force

Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Civ. Proc. art. 3752 — LA Code / Code code-of-civil-procedure / Article 3752
Requirements of notice; recordation
Status: in_force

A. The notice referred to in Article 3751 shall be in writing, signed by the plaintiff, defendant, or other party to the action or proceeding who desires to have the notice recorded, or by a counsel of record for such party showing the name of the persons against whom it is to be effective, the name of the court in which the action or proceeding has been filed, the title, docket number, date of filing, and object thereof, and the description of the property sought to be affected thereby.

B. This notice shall be recorded in the mortgage office of the parish where the property to be affected is situated and has effect from the time of the filing for recordation. The notice shall cease to have effect after ten years from the date of its filing for recordation. Nevertheless, if the action or proceeding is still pending, the notice may be reinscribed by refiling the notice. A reinscription of the notice that is filed before the effect of recordation ceases continues that effect for five years from the day the notice is reinscribed.

Acts 2005, No. 169, §3, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2006, No. 267, §1, eff. Aug. 15, 2007.
La. Civ. Code art. 2320 — LA Code / Code civil-code / Article 2320
Acts of servants, students or apprentices
Status: in_force

Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.

Teachers and artisans are answerable for the damage caused by their scholars or apprentices, while under their superintendence.

In the above cases, responsibility only attaches, when the masters or employers, teachers and artisans, might have prevented the act which caused the damage, and have not done it.

The master is answerable for the offenses and quasi-offenses committed by his servants, according to the rules which are explained under the title: Of quasi-contracts, and of offenses and quasi-offenses.
La. Civ. Code art. 1817 — LA Code / Code civil-code / Article 1817
Effects of divisible obligation among successors
Status: in_force

A divisible obligation must be divided among successors of the obligor or of the obligee.

Each successor of the obligor is liable only for his share of a divisible obligation.

Each successor of the obligee is entitled only to his share of a divisible obligation.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2335 — LA Code / Code civil-code / Article 2335
Classification of property
Status: in_force

Property of married persons is either community or separate, except as provided in Article 2341.1.

Acts 1979, No. 709, §1; Acts 1991, No. 329, §1.
La. Ch. Code art. 635.1 — LA Code / Code childrens-code / Article 635.1
Notice to counsel
Status: in_force

Upon the filing of the petition, the court shall provide notice and a copy of the petition to the entity designated for the jurisdiction to provide counsel for the child in accordance with Article 607, and to the entity representing indigent parents in accordance with Article 608.

Acts 2014, No. 354, §1; Acts 2022, No. 272, §1.
La. Civ. Code art. 2019 — LA Code / Code civil-code / Article 2019
Contracts for continuous or periodic performance
Status: in_force

In contracts providing for continuous or periodic performance, the effect of the dissolution shall not be extended to any performance already rendered.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Ch. Code art. 1185 — LA Code / Code childrens-code / Article 1185
Confidential records
Status: in_force

No one except the judge presiding in the case, his successor, or a curator ad hoc, as provided for in Article 1191, shall have access to the confidential records of the court pursuant to this Title. Following final disposition of an adoption case, the reports submitted by the department to the judge shall be retained in the court's confidential adoption record.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2008, No. 583, §1.
La. Civ. Code art. 3167 — LA Code / Code civil-code / Article 3167
Pledgee not bound for pledgor's obligations
Status: in_force

In the absence of an assumption by the pledgee, the existence of a pledge does not impose upon the pledgee liability for the pledgor's acts or omissions, nor does it bind the pledgee to perform the pledgor's obligations.

Acts 2014, No. 281, §1, eff. Jan. 1, 2015.
La. Civ. Code art. 2709 — LA Code / Code civil-code / Article 2709
Lessor's right to seize movables of third persons
Status: in_force

The lessor may lawfully seize a movable that belongs to a third person if it is located in or upon the leased property, unless the lessor knows that the movable is not the property of the lessee.

The third person may recover the movable by establishing his ownership prior to the judicial sale in the manner provided by Article 1092 of the Code of Civil Procedure. If he fails to do so, the movable may be sold as though it belonged to the lessee.

Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
La. Code Civ. Proc. art. 4704 — LA Code / Code code-of-civil-procedure / Article 4704
Definitions
Status: in_force

Unless the context clearly indicates otherwise, as used in this Title the following terms have the following meanings:

"Lease" means any oral or written lease, and includes a sublease;

"Lessee" includes a sublessee, whether the person seeking to evict is a lessor or sublessor; and an assignee of a lessee;

"Lessor" includes a sublessor, assignee, or transferee;

"Occupant" includes a sharecropper; half hand; day laborer; former owner; and any person occupying immovable property by permission or accommodation of the owner, former owner, or another occupant, except a mineral lessee, owner of a mineral servitude, or a lessee of the owner;

"Owner" includes a lessee; and

"Premises" includes the land and all buildings and improvements thereon leased by a tenant, or possessed by an occupant.
La. Civ. Code art. 697 — LA Code / Code civil-code / Article 697
Right to establish predial servitudes; limitations.
Status: in_force

Predial servitudes may be established by an owner on his estate or acquired for its benefit.

The use and extent of such servitudes are regulated by the title by which they are created, and, in the absence of such regulation, by the following rules.

Acts 1977, No. 514, §1.
La. Civ. Code art. 3103 — LA Code / Code civil-code / Article 3103
Arbitration of damages incurred by public offense.
Status: in_force

One may submit to arbitration the damages incurred for a public offense; but it is without any prejudice to the prosecution of it in behalf of the State.
La. Civ. Code art. 2567 — LA Code / Code civil-code / Article 2567
Right of redemption, definition
Status: in_force

The parties to a contract of sale may agree that the seller shall have the right of redemption, which is the right to take back the thing from the buyer.

Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
La. Ch. Code art. 1278 — LA Code / Code childrens-code / Article 1278
Rules and regulations
Status: in_force

The department shall adopt such reasonable rules and regulations as are necessary to implement the provisions of this Chapter.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992.
La. Civ. Code art. 3123 — LA Code / Code civil-code / Article 3123
Award null after time limit.
Status: in_force

The arbitrators ought to give their award within the time limited by the submission, and it would be null if it were given after the time is expired.
La. Ch. Code art. 785 — LA Code / Code childrens-code / Article 785
Applicability
Status: in_force

If at any point in families in need of services proceedings the child is removed from his caretaker's care and control and placed in the custody of a child care agency, the provisions of Chapters 15 and 16 of Title VI shall govern the subsequent review process until such time as the child achieves a permanent placement as defined by that Title.

Acts 1991, No. 235, §7.
La. Civ. Code art. 934 — LA Code / Code civil-code / Article 934
Commencement of succession
Status: in_force

Succession occurs at the death of a person.

Acts 1997, No. 1421, §1, eff. July 1, 1999.
La. Ch. Code art. 1502 — LA Code / Code childrens-code / Article 1502
General applicability
Status: in_force

Except as otherwise specified in this Title, all provisions of the Children's Code remain applicable.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.
La. Code Civ. Proc. art. 684 — LA Code / Code code-of-civil-procedure / Article 684
Interdict
Status: in_force

A. A person fully interdicted or a person whose limited interdiction specifically restricts the procedural capacity to sue does not have the procedural capacity to sue.

B. Except as otherwise provided in Articles 4431, 4554, and 4566, the curator is the proper plaintiff to sue to enforce a right of a person fully interdicted or a person whose limited interdiction specifically restricts the procedural capacity to sue.

Acts 2025, No. 250, §3.
La. Code Civ. Proc. art. 5093 — LA Code / Code code-of-civil-procedure / Article 5093
Oath not required; waiver of citation and acceptance of service
Status: in_force

An attorney at law appointed by the court to represent an unrepresented party need not take an oath before entering on the performance of his duties, as his oath of office as an attorney applies to all of his professional duties.

An attorney appointed to represent a defendant may waive citation and accept service of process, but may not waive any defense. No further action may be taken by the court after service or acceptance thereof until after the expiration of the delay allowed the defendant to answer, even though the appointed attorney may have filed an exception or answer prior thereto.
La. Code Evid. art. 103 — LA Code / Code code-of-evidence / Article 103
Rulings on evidence
Status: in_force

A. Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and

(1) Ruling admitting evidence. When the ruling is one admitting evidence, a timely objection or motion to admonish the jury to limit or disregard appears of record, stating the specific ground of objection; or

(2) Ruling excluding evidence. When the ruling is one excluding evidence, the substance of the evidence was made known to the court by counsel.

B. Record of ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon.

C. Hearing of jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or asking questions in the hearing of the jury.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Code Evid. art. 305 — LA Code / Code code-of-evidence / Article 305
Effect of presumptions if there is no controverting evidence
Status: in_force

If the trier of fact finds the existence of the predicate fact, and there is no evidence controverting the fact to be inferred, the trier of fact is required to find the existence of the fact to be inferred.

Acts 1997, No. 577, §1.
La. Civ. Code art. 570 — LA Code / Code civil-code / Article 570
Inventory.
Status: in_force

The usufructuary shall cause an inventory to be made of the property subject to the usufruct. In the absence of an inventory the naked owner may prevent the usufructuary's entry into possession of the property.

The inventory shall be made in accordance with the rules established in Articles 3131 through 3137 of the Code of Civil Procedure.

Acts 1976, No. 103, §1.
La. Civ. Code art. 1508 — LA Code / Code civil-code / Article 1508
Reduction of donations inter vivos
Status: in_force

When the property of the estate is not sufficient to satisfy the forced portion, a forced heir may recover the amount needed to satisfy his legitime from the donees of inter vivos donations made within three years of the date of the decedent's death, beginning with the most recent donation and proceeding successively to the most remote.

Acts 1996, 1st Ex. Sess., No. 77, §1
La. Code Civ. Proc. art. 3031 — LA Code / Code code-of-civil-procedure / Article 3031
Sending legatees into possession without administration
Status: in_force

A. When a testament has been probated or given the effect of probate, and subject to the provisions of Article 3033, the court may send all of the legatees into possession of their respective legacies without an administration of the succession, on the ex parte petition of all of the general and universal legatees, if each of them is either competent or is acting through a qualified legal representative, and each of them accepts the succession, and none of the creditors of the succession has demanded its administration.

B. In such cases, the surviving spouse in community of the testator may be recognized by the court as entitled to the possession of the community property, as provided in Article 3001.

Acts 1997, No. 1421, §3, eff. July 1, 1999.
La. Civ. Code art. 2746 — LA Code / Code civil-code / Article 2746
Limited duration of contract.
Status: in_force

A man can only hire out his services for a certain limited time, or for the performance of a certain enterprise.
La. Civ. Code art. 3124 — LA Code / Code civil-code / Article 3124
Extension of time for making award.
Status: in_force

Nevertheless the parties may give power to the arbitrators to prolong the time, and in this case their power lasts during the time of the prorogation.
La. Code Civ. Proc. art. 157 — LA Code / Code code-of-civil-procedure / Article 157
Recusal of supreme court justice
Status: in_force

A. A party desiring to recuse a justice of the supreme court shall file a written motion therefor assigning the ground for recusal under Article 151. When a written motion is filed to recuse a justice of the supreme court, the justice may recuse himself or the motion shall be heard by the other justices of the court.

B. When a justice of the supreme court recuses himself or is recused, the court may do one of the following:

(1) Have the cause argued before and disposed of by the other justices.

(2) Appoint a sitting or retired judge of a district court or a court of appeal having the qualifications of a justice of the supreme court to act for the recused justice in the hearing and disposition of the cause.

Acts 1985, No. 967, §1; Acts 2001, No. 417, §1; redesignated from C.C.P. Art. 159 as amended by Acts 2021, No. 143, §1.
La. Civ. Code art. 628 — LA Code / Code civil-code / Article 628
Consequences of termination; usufruct of nonconsumables.
Status: in_force

Upon termination of a usufruct of nonconsumables for a cause other than total and permanent destruction of the property, full ownership is restored. The usufructuary or his heirs are bound to deliver the property to the owner with its accessories and fruits produced since the termination of the usufruct.

If property has been lost or deteriorated through the fault of the usufructuary, the owner is entitled to the value the property otherwise would have had at the termination of the usufruct.

Acts 1976, No. 103, §1.
La. Code Crim. Proc. art. 979 — LA Code / Code code-of-criminal-procedure / Article 979
Service of motion to expunge a record
Status: in_force

A. The clerk of court shall serve notice of the motion of expungement by United States mail or electronically upon the following entities:

(1) The district attorney of the parish of conviction.

(2) The Louisiana Bureau of Criminal Identification and Information.

(3) The arresting law enforcement agency.

B. When service is made by United States mail, a certificate of service shall be filed into the record indicating the date the motion was placed in the United States mail for service.

Acts 2014, No. 145, §1; Acts 2015, No. 200, §1.
La. Civ. Code art. 1949 — LA Code / Code civil-code / Article 1949
Error vitiates consent
Status: in_force

Error vitiates consent only when it concerns a cause without which the obligation would not have been incurred and that cause was known or should have been known to the other party.

Acts 1984, No. 331, §1, eff. Jan. 1, 1985.
La. Civ. Code art. 2908 — LA Code / Code civil-code / Article 2908
Lender's liability for damage caused by defects in the thing
Status: in_force

The lender is liable to the borrower when defects in the thing lent for consumption cause damage or loss sustained by the borrower, if the lender knew or should have known of the defects and failed to inform the borrower.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
La. Code Crim. Proc. art. 293 — LA Code / Code code-of-criminal-procedure / Article 293
Time for examination; procurement of counsel
Status: in_force

When a preliminary examination is ordered, the court shall conduct the examination promptly but shall allow the defendant a reasonable time to procure counsel.
La. Code Civ. Proc. art. 4625 — LA Code / Code code-of-civil-procedure / Article 4625
Trial; judgment ordering sale
Status: in_force

A. Except as otherwise provided in Article 4630, if the petitioner proves on the trial of the proceeding that he is a co-owner of the property and entitled to the partition thereof and that the defendant is an absentee who owns an interest therein, the court shall render judgment ordering either the public sale of the property for cash by the sheriff to effect a partition, after the advertisement required by law for a sale under execution or the private sale of the property executed on behalf of the absentee or nonconsenting co-owner by a court-appointed representative, who may be a co-owner, under this Chapter and Chapter 1 of this Title, and after the advertisement required by law for a sale under execution.

B. The judgment shall determine the absentee's share in the proceeds of the sale, and award a reasonable fee to the attorney appointed to represent him to be paid from the absentee's share of the proceeds of the sale.

Acts 2020, No. 281, §2, eff. June 11, 2020; Acts 2021, No. 27, §2, eff. June 1, 2021.
La. Civ. Code art. 3472 — LA Code / Code civil-code / Article 3472
Effect of suspension
Status: in_force

The period of suspension is not counted toward accrual of prescription. Prescription commences to run again upon the termination of the period of suspension.

Acts 1982, No. 187, §1, eff. Jan. 1, 1983.
La. Code Evid. art. 410 — LA Code / Code code-of-evidence / Article 410
Inadmissibility of pleas, plea discussions, and related statements
Status: in_force

A. General rule. Except as otherwise provided in this Article, evidence of the following is not, in any civil or criminal proceeding, admissible against the party who made the plea or was a participant in the plea discussions:

(1) A plea of guilty or of nolo contendere which was later withdrawn or set aside;

(2) In a civil case, a plea of nolo contendere;

(3) Any statement made in the course of any court proceeding concerning either of the foregoing pleas, or any plea discussions with an attorney for or other representative of the prosecuting authority regarding either of the foregoing pleas; or

(4) Any statement made in the course of plea discussions with an attorney for or other representative of the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn or set aside.

B. Exceptions. However, such a statement is admissible:

(1) In any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it; or

(2) In a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record and in the presence of counsel.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.
La. Ch. Code art. 1282.3 — LA Code / Code childrens-code / Article 1282.3
Final decree; notice; standard
Status: in_force

A. The court, as a part of the final decree, shall provide notice of the provisions of R.S. 14:46.4 to the parties.

B. The court, after taking into consideration all documents filed concerning the adoption, may enter a final decree of adoption, or it may deny recognition of the adoption. The basic consideration shall be the best interest of the child.

Acts 1999, No. 1268, §1; Acts 2014, No. 721, §1.
La. Code Civ. Proc. art. 3396.17 — LA Code / Code code-of-civil-procedure / Article 3396.17
Accounting
Status: in_force

An independent administrator is not required to file an interim accounting. Nevertheless, any person interested in the estate may demand an annual accounting from the independent administrator as provided in Article 3331. Further, the court on application of any interested person may require an independent administrator to furnish accountings at more frequent intervals.

Acts 2001, No. 974, §1.
La. Ch. Code art. 1306.7 — LA Code / Code childrens-code / Article 1306.7
Contest of registration or enforcement
Status: in_force

A. A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

(1) The issuing tribunal lacked personal jurisdiction over the contesting party.

(2) The order was obtained by fraud.

(3) The order has been vacated, suspended, or modified by a later order.

(4) The issuing tribunal has stayed the order pending appeal.

(5) There is a defense under the law of this state to the remedy sought.

(6) Full or partial payment has been made.

(7) The statute of limitation under Article 1306.4 precludes enforcement of some or all of the arrearages.

(8) The alleged controlling order is not the controlling order.

B. If a party presents evidence establishing a full or partial defense under Paragraph A of this Article a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.

C. If the contesting party does not establish a defense under Paragraph A of this Article to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997; Acts 2015, No. 80, §1, eff. July 1, 2015.
La. Code Civ. Proc. art. 1880 — LA Code / Code code-of-civil-procedure / Article 1880
Parties
Status: in_force

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In a proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard. If the law, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard. If the law is alleged to be unconstitutional, pleadings shall be made pursuant to the requirements in Articles 855.1 and 1845.

Amended by Acts 2024, 2 nd Ex. Sess., No. 12, §1.