reglab/housing_qa huggingface dataset:
LA Code Crim Pro art. 743 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 743. Exemption from arrest and service of process

If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not, while in this state pursuant to such summons or order, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. If a person passes through this state while going to another state in obedience to a summons or order to attend and testify in that state or while returning therefrom, he shall not, while so passing through this state be subject to arrest, or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons or order.
LA Code Crim Pro art. 744 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 744. Witness; state; defined

Witness as used in Articles 741 through 743 shall include a person whose testimony is relevant and material and desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. "State" shall include any territory of the United States and the District of Columbia.
LA Code Crim Pro art. 745 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 745. Uniformity of interpretation

  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 Code Crim Pro art. 761 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 761. Commencement of trial

A jury trial commences when the first prospective juror is called for examination. A trial by a judge alone commences when the first witness is sworn.
LA Code Crim Pro art. 761.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 761.1. Homicide victim's picture; possession by family member in courtroom

In the case of a homicide, and with prior court approval, one member of the victim's family shall be authorized to possess in the courtroom, during the trial of the case a photograph of the deceased victim that is not larger than eight by ten inches and is not inflammatory in nature. Nothing in this Article shall preclude the admission into evidence of a photograph of the victim that the court deems admissible. Acts 1999, No. 1066, §1.
LA Code Crim Pro art. 762 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 762. Place of sessions of court

Sessions of court shall be held at the parish courthouse and, if there is more than one courthouse in a parish, sessions may be held at any such courthouse, or sessions may be held at places within the parish other than the courthouse or courthouses in the discretion of the court:  (1) To take the testimony of witnesses who are so incapacitated that they cannot attend the trial in the parish courthouse;  (2) To allow the jury or judge to view the place where the crime or any material part thereof is alleged to have occurred, or to view an object which is admissible in evidence but which is difficult to produce in court. At this view, the court shall not permit the taking of evidence except in connection with the place or object; or  (3) When the courthouse in which the sessions are usually held is unsuitable for use, or there is no courthouse. Amended by Acts 1972, No. 354, §1.
LA Code Crim Pro art. 763 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 763. Proceedings on holidays

Trials and hearings may commence or continue on a holiday or half-holiday in the discretion of the court.
LA Code Crim Pro art. 764 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 764. Exclusion of witnesses

The exclusion of witnesses is governed by Louisiana Code of Evidence Article 615. Acts 1986, No. 968, §1; Acts 1988, No. 515, §3, eff. Jan. 1, 1989. {{NOTE: SEE ACTS 1988, NO. 515, §12.}}
LA Code Crim Pro art. 765 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 765. Normal order of trial

The normal order of trial shall be as follows:  (1) The selection and swearing of the jury;  (2) The reading of the indictment;  (3) The reading of the defendant's plea on arraignment;  (4) The opening statements of the state and of the defendant;  (5) The presentation of the evidence of the state, and of the defendant, and of the state in rebuttal. The court in its discretion may permit the introduction of additional evidence prior to argument;  (6) The argument of the state, the defendant, and the state in rebuttal;  (7) The court's charge;  (8) The announcement of the verdict or mistrial in jury cases, or of the judgment in nonjury cases; and  (9) The discharge of the jury in jury cases. When there is more than one defendant, the court shall determine the order of trial as between them. A defendant may waive his opening statement.
LA Code Crim Pro art. 766 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 766. Opening statement by state; scope

The opening statement of the state shall explain the nature of the charge, and set forth, in general terms, the nature of the evidence by which the state expects to prove the charge.
LA Code Crim Pro art. 767 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 767. Same; prohibition against adverting to confessions

The state shall not, in the opening statement, advert in any way to a confession or inculpatory statement made by the defendant unless the statement has been previously ruled admissible in the case. Acts 1995, No. 1278, §1.
LA Code Crim Pro art. 768 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 768. Same; use of confession or inculpatory statement; notice to defendant prior to opening statement

Unless the defendant has been granted pretrial discovery, if the state intends to introduce a confession or inculpatory statement in evidence, it shall so advise the defendant in writing prior to beginning the state's opening statement. If it fails to do so a confession or inculpatory statement shall not be admissible in evidence. Amended by Acts 1982, No. 735, §1.
LA Code Crim Pro art. 769 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 769. Same; effect on introduction of evidence

Evidence not fairly within the scope of the opening statement of the state shall not be admitted in evidence. If the state offers evidence that was inadvertently and in good faith omitted from the opening statement, the court, in its discretion may admit the evidence if it finds that the defendant is not taken by surprise or prejudiced in the preparation of his defense.
LA Code Crim Pro art. 770 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 770. Prejudicial remarks; basis of mistrial

Upon motion of a defendant, a mistrial shall be ordered when a remark or comment, made within the hearing of the jury by the judge, district attorney, or a court official, during the trial or in argument, refers directly or indirectly to:  (1) Race, religion, color or national origin, if the remark or comment is not material and relevant and might create prejudice against the defendant in the mind of the jury;  (2) Another crime committed or alleged to have been committed by the defendant as to which evidence is not admissible;  (3) The failure of the defendant to testify in his own defense; or  (4) The refusal of the judge to direct a verdict. An admonition to the jury to disregard the remark or comment shall not be sufficient to prevent a mistrial. If the defendant, however, requests that only an admonition be given, the court shall admonish the jury to disregard the remark or comment but shall not declare a mistrial.
LA Code Crim Pro art. 771 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 771. Admonition

In the following cases, upon the request of the defendant or the state, the court shall promptly admonish the jury to disregard a remark or comment made during the trial, or in argument within the hearing of the jury, when the remark is irrelevant or immaterial and of such a nature that it might create prejudice against the defendant, or the state, in the mind of the jury:  (1) When the remark or comment is made by the judge, the district attorney, or a court official, and the remark is not within the scope of Article 770; or  (2) When the remark or comment is made by a witness or person other than the judge, district attorney, or a court official, regardless of whether the remark or comment is within the scope of Article 770. In such cases, on motion of the defendant, the court may grant a mistrial if it is satisfied that an admonition is not sufficient to assure the defendant a fair trial.
LA Code Crim Pro art. 772 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 772. Comment on facts by judge in jury's presence prohibited

The judge in the presence of the jury shall not comment upon the facts of the case, either by commenting upon or recapitulating the evidence, repeating the testimony of any witness, or giving an opinion as to what has been proved, not proved, or refuted.
LA Code Crim Pro art. 773 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 773. Order of evidence; foundation

Neither the state nor the defendant can be controlled by the court as to the order in which evidence shall be adduced. The procedure for laying a foundation is provided in the Louisiana Code of Evidence. Acts 1988, No. 515, §3, eff. Jan. 1, 1989. {{NOTE: SEE ACTS 1988, NO. 515, §12.}}
LA Code Crim Pro art. 774 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 774. Argument; scope

The argument shall be confined to evidence admitted, to the lack of evidence, to conclusions of fact that the state or defendant may draw therefrom, and to the law applicable to the case. The argument shall not appeal to prejudice. The state's rebuttal shall be confined to answering the argument of the defendant.
LA Code Crim Pro art. 775 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 775. Mistrial; grounds for

A mistrial may be ordered, and in a jury case the jury dismissed, when:  (1) The defendant consents thereto;  (2) The jury is unable to agree upon a verdict;  (3) There is a legal defect in the proceedings which would make any judgment entered upon a verdict reversible as a matter of law;  (4) The court finds that the defendant does not have the mental capacity to proceed;  (5) It is physically impossible to proceed with the trial in conformity with law; or  (6) False statements of a juror on voir dire prevent a fair trial. Upon motion of a defendant, a mistrial shall be ordered, and in a jury case the jury dismissed, when prejudicial conduct in or outside the courtroom makes it impossible for the defendant to obtain a fair trial, or when authorized by Article 770 or 771. A mistrial shall be ordered, and in a jury case the jury dismissed, when the state and the defendant jointly move for a mistrial.
LA Code Crim Pro art. 775.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 775.1. Automatic stay following order of mistrial

If a judge orders a mistrial, then upon motion of either the state or the defendant, the court shall order an automatic twenty-four-hour stay of all proceedings in which either the state or the defendant may take an emergency writ application to the appropriate reviewing courts with appellate jurisdiction, including the Louisiana Supreme Court. The jury shall not be released pending the stay unless both the state and defendant agree to release the jury. Acts 2004, No. 413, §1; Acts 2011, No. 87, §1.
LA Code Crim Pro art. 776 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 776. Oath of witness

Before a witness is permitted to testify he shall be sworn, in accordance with Article 14.
LA Code Crim Pro art. 777 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 777. Recordation of proceedings

A record of the trial proceedings shall be made in accordance with other provisions of law.
LA Code Crim Pro art. 778 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 778. Motion for acquittal

In a trial by the judge alone the court shall enter a judgment of acquittal on one or more of the offenses charged, on its own motion or on that of defendant, after the close of the state's evidence or of all the evidence, if the evidence is insufficient to sustain a conviction. If the court denies a defendant's motion for a judgment of acquittal at the close of the state's case, the defendant may offer its evidence in defense. Amended by Acts 1975, No. 527, §1.
LA Code Crim Pro art. 779 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 779. Trial of misdemeanors

A. A defendant charged with a misdemeanor in which the punishment, as set forth in the statute defining the offense, may be a fine in excess of one thousand dollars or imprisonment for more than six months shall be tried by a jury of six jurors, all of whom must concur to render a verdict. B. The defendant charged with any other misdemeanor shall be tried by the court without a jury. Amended by Acts 1968, No. 635, §1; Acts 1974, Ex.Sess., No. 23, §1, eff. Jan. 1, 1975; Acts 1975, 1st Ex.Sess., No. 16, §1, eff. Jan. 28, 1975; Acts 1979, No. 56, §1; Acts 1986, No. 852, §1, eff. July 10, 1986; Acts 1988, No. 202, §1.
LA Code Crim Pro art. 780 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 780. Right to waive trial by jury

A. A defendant charged with an offense other than one punishable by death may knowingly and intelligently waive a trial by jury and elect to be tried by the judge. B. The defendant shall exercise his right to waive trial by jury in accordance with Article I, Section 17 of the Constitution of Louisiana. The waiver shall be by written motion filed in the district court not later than forty-five days prior to the date the case is set for trial. The motion shall be signed by the defendant and shall also be signed by defendant's counsel unless the defendant has waived his right to counsel. C. With the consent of the district attorney the defendant may waive trial by jury within forty-five days prior to the commencement of trial. D. A waiver of trial by jury is irrevocable and cannot be withdrawn by the defendant. Amended by Acts 1974, Ex.Sess., No. 24, §1, eff. Jan. 1, 1975; Acts 1975, 1st Ex.Sess., No. 16, §1, eff. Jan. 28, 1975; Acts 1985, No. 801, §1; Acts 2013, No. 343, §1, eff. June 17, 2013.
LA Code Crim Pro art. 781 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 781. Charges in cases tried without a jury

When a case is tried without a jury the state or the defendant may request the court to charge itself in accordance with written charges presented to the court. The requested charges shall be governed by the rules of procedure relative to requested charges in jury cases.
LA Code Crim Pro art. 782 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 782. Number of jurors composing jury; number which must concur; waiver

  A. A case in which punishment may be capital shall be tried by a jury of twelve jurors, all of whom must concur to render a verdict. A case for an offense committed prior to January 1, 2019, in which punishment is necessarily confinement at hard labor shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict. A case for an offense committed on or after January 1, 2019, in which the punishment is necessarily confinement at hard labor shall be tried before a jury of twelve persons, all of whom must concur to render a verdict. A case in which the punishment may be confinement at hard labor shall be tried by a jury composed of six jurors, all of whom must concur to render a verdict.  B. Trial by jury may be knowingly and intelligently waived by the defendant except in capital cases.  Amended by Acts 1974, Ex.Sess., No. 25, §1, eff. Jan. 1, 1975; Acts 1975, 1st Ex.Sess., No. 16, §1, eff. Jan. 28, 1975; Acts 1979, No. 56, §2; Acts 2018, No. 493, §1, eff. Jan. 1, 2019, if const. amend. is ratified.
LA Code Crim Pro art. 783 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 783. Excusing, tendering, and attachment of members of the venire

A. The court may excuse a member of the petit jury venire at any time prior to the time he is sworn as a juror to try a particular case. The panel shall be selected from the remaining members of the petit jury venire. The court, either on its own motion, or that of the state or a defendant, may order the attachment of an absent and unexcused petit jury venireman. B. If jury service, whether criminal or civil, would result in undue hardship or extreme inconvenience, the district court may excuse a person from such service either prior to or after his selection for the general venire, jury pool, or jury wheel. The court may take such action on its own initiative or on recommendation of an official or employee designated by the court. C. No person or group of persons shall be automatically excused. D. In the event a person is excused because jury service would result in undue hardship or extreme inconvenience, the court may order that person's name be placed again in the general venire or in a central jury pool. Amended by Acts 1976, No. 212, §2; Acts 1977, No. 378, §1.
LA Code Crim Pro art. 784 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 784. Method of selecting panel

In selecting a panel, names shall be drawn from the petit jury venire indiscriminately and by lot in open court and in a manner to be determined by the court. In those judicial district courts, including the Criminal District Court for the parish of Orleans, wherein use of a jury pool has been authorized by law, the petit jury panel shall be selected by random, indiscriminate choice in a manner to be determined by the rules of the court in which the jury panel is selected. Amended by Acts 1977, No. 556, §1, eff. July 15, 1977.
LA Code Crim Pro art. 785 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 785. Tales jurors

A. In a parish other than Orleans having more than one division of court, holding petit jury terms simultaneously, when a petit jury venire of one division is or is about to be exhausted before a trial jury is impaneled, the judge of that division, with the consent of the judge of a division that has not exhausted its petit jury venire, may order the petit jury venire of the latter division or such portion thereof not being used by the latter division, to report to his division to serve as tales jurors. The names of the petit jury veniremen so ordered to report shall be drawn as provided by Article 784 for examination as prospective trial jurors. Those who are impaneled as trial jurors shall serve as though regularly selected as tales jurors. Those who are not selected as trial jurors shall be ordered to report back to the division of court in which they were previously serving as petit jury veniremen. B. In all other instances, except as provided in Article 409.1 of this code, when the petit jury venire is or is about to be exhausted before a trial jury is impaneled, the judge may order the secretary of the jury commission or the clerk of court to draw indiscriminately and by lot such number of tales jurors from the general venire box as in the opinion of the court may be necessary to complete the impaneling of the trial jury. C. Immediately after the drawing of tales jurors, they shall be summoned to attend court at such time as the court may direct, and shall be subject to the same duties as petit jurors. D. In parishes other than Orleans, the judge may order the summoning of tales jurors from among the bystanders or persons in or about the courthouse, in place of the drawing of tales jurors. E. When called, tales jurors shall be selected for completion of the panel in accordance with Article 784. Amended by Acts 1975, No. 406, §1; Acts 1975, No. 696, §1.
LA Code Crim Pro art. 786 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 786. Examination of jurors

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.
LA Code Crim Pro art. 787 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 787. Disqualification of petit jurors in particular cases

The court may disqualify a prospective petit juror from service in a particular case when for any reason doubt exists as to the competency of the prospective juror to serve in the case.
LA Code Crim Pro art. 788 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 788. Tendering jurors

A. After the examination provided by Article 786, a prospective juror may be tendered first to the state, which shall accept or challenge him. If the state accepts the prospective juror, he shall be tendered to the defendant, who shall accept or challenge him. When a prospective juror is accepted by the state and the defendant, he shall be sworn immediately as a juror. This Article is subject to the provisions of Articles 795 and 796. B. If the court does not require tendering of jurors, it shall by local rule provide for a system of simultaneous exercise of challenges. Acts 1983, No. 603, §1.
LA Code Crim Pro art. 789 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 789. Alternate jurors

A. The court may direct that not more than six jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. Alternate jurors, in the order in which they are called, shall replace jurors who become unable to perform or disqualified from performing their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges for cause, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors. If the court determines that alternate jurors are desirable in the case, the court shall determine the number to be chosen. The regular peremptory challenges allowed by law shall not be used against the alternate jurors. The court shall determine how many additional peremptory challenges shall be allowed, and each defendant shall have an equal number of such challenges. The state shall have as many peremptory challenges as the defense. The additional peremptory challenges may be used only against alternate jurors. Except in capital cases, an alternate juror who does not replace a principal juror may be discharged when the jury retires to consider its verdict. B. In a capital case, at the conclusion of the guilt phase of the trial, alternate jurors that have not replaced principal jurors shall not be discharged, but shall be sequestered from other members of the jury until the jury has reached a verdict. If a sentencing hearing is mandated, the alternate jurors will be returned to the jury and will hear the evidence presented at the sentencing hearing and will be available to replace principal jurors. C. If the court, as provided in Paragraph A, replaces a principal juror with an alternate juror after deliberations have begun, the court shall order the jury to begin deliberations anew. Acts 1995, No. 364, §1; Acts 1995, No. 1273, §1.
LA Code Crim Pro art. 790 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 790. Swearing of jurors

When selection of jurors and alternate jurors has been completed, and all issues properly raised under Article 795 have been resolved, the jurors shall then be sworn together to try the case in a just and impartial manner, each to the best of his judgment, and to render a verdict according to the law and the evidence. Acts 1990, No. 524, §1.