reglab/housing_qa huggingface dataset:
LA Code Crim Pro art. 831 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 831. Presence of defendant when prosecution is for felony

  A. Except as may be provided by local rules of court in accordance with Articles 522, 551, and 562, a defendant charged with a felony shall be present at all of the following:  (1) At arraignment.  (2) When a plea of guilty, not guilty, or not guilty and not guilty by reason of insanity is made.  (3) At the calling, examination, challenging, impaneling, and swearing of the jury, and at any subsequent proceedings for the discharge of the jury or of a juror.  (4) At all times during the trial when the court is determining and ruling on the admissibility of evidence.  (5) In trials by jury, at all proceedings when the jury is present, and in trials without a jury, at all times when evidence is being adduced.  (6) At the rendition of the verdict or judgment, unless he voluntarily absents himself.  B. Repealed by Acts 2020, No. 160, §2.  Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 1015, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §2.
LA Code Crim Pro art. 832 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 832. Continued presence not required

  A. A defendant initially present for the commencement of trial shall not prevent the further progress of the trial, including the return of the verdict, and shall be considered to have waived his right to be present if his counsel is present or if the right to counsel has been waived and either of the following occur:  (1) He voluntarily absents himself after the trial has commenced, whether or not he has been informed by the court of his obligation to be present during the trial.  (2) After being warned by the court that disruptive conduct will cause him to be removed from the courtroom, he persists in conduct which justifies his exclusion from the courtroom.  B. Repealed by Acts 2020, No. 160, §2.  Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 718, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §2.
LA Code Crim Pro art. 833 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 833. Presence of defendant; misdemeanor prosecution

  A. The court may permit an unrepresented or pro se defendant charged with a misdemeanor to be arraigned, enter his plea of guilty, or be tried, in his absence.  B. A plea of not guilty of a misdemeanor shall be allowed to be entered through counsel of record and in the absence of the defendant by the filing of a sworn affidavit in advance of the scheduled arraignment date.  C. The sworn affidavit referenced in Paragraph B of this Article shall include the caption of the case and summons number, citation number or docket number as applicable, and state as follows: AFFIDAVIT ACCEPTING SERVICE AND WAIVER OF PRESENCE    BEFORE ME, the undersigned authority, did personally come and appear, ____________(CLIENT'S NAME), who after being duly sworn did depose and say: 1.  Affiant acknowledges that he is the defendant in the above captioned criminal matter; that he is aware of all charges pending against him in this matter and that he has retained the services of ____________ (ATTORNEY(S) or LAW FIRM) to represent him in these proceedings; 2.  Affiant is aware that he is scheduled to be in court on the ______ day of ______, 20__ at ___ o'clock and that he has the right to be present on that day but expressly wishes to waive this right and to have his legal counsel appear on his behalf; 3.  Affiant is aware that in his absence, additional court dates could be scheduled in these proceedings and he hereby appoints his above named legal counsel as his agent(s) to accept service of notice to appear for those dates on his behalf, that he accepts service of those dates through his counsel and that he expressly waives his appearance for those dates and authorizes his counsel to appear on his behalf;4.  Affiant understands that the court, in its sole discretion, may revoke its acceptance of this waiver and require that affiant personally appear in open court on subsequent court dates; that his counsel will also be notified; that a notice of appearance will be mailed to affiant at his address of record and that affiant's failure to appear at the subsequent court date could result in the issuance of an arrest warrant, a revocation of appearance bond and/or is punishable as contempt of court; 5.  Finally, Affiant acknowledges that his current address is: _______________(Street, Apt/Lot No, City, State and Zip Code); and authorizes the court to use this address for all notices, unless changed in writing by affiant.  ____________________________________  Affiant   SWORN TO AND SUBSCRIBED BEFORE ME, notary, this ____ day of ______, 20__.  ____________________________________ NOTARY PUBLIC  Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 1015, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §2; Acts 2021, No. 235, §1.
LA Code Crim Pro art. 834 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 834. When presence of defendant not necessary

The defendant has a right to be present, but his presence is not essential to the validity of any of the following proceedings in a criminal prosecution:  (1) The making, hearing of, or ruling on a preliminary motion or application addressed to the court;  (2) The making, hearing of, or ruling on a motion or application addressed to the court during the trial when the jury is not present; except as provided in Clause (4) of Article 831; and  (3) The making, hearing of, or ruling on a motion or application made after his conviction.
LA Code Crim Pro art. 835 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 835. Presence of defendant at pronouncement of sentence

  A. Except as provided in Paragraph B of this Article, in felony cases the defendant shall always be present when sentence is pronounced and, in misdemeanor cases, the defendant shall be present when sentence is pronounced unless excused by the court. If a sentence is improperly pronounced in the defendant's absence, he shall be resentenced when his presence is secured.  B. Nothing in this Article prohibits the court, by local rule, from providing for a defendant's appearance at the pronouncement of sentence by simultaneous audio-visual transmission in accordance with the provisions of Article 562.  Amended by Acts 2020, No. 160, §1.
LA Code Crim Pro art. 836 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 836. Presence of corporation or association

When a corporation, partnership, or other association is a defendant, the requirements of this Title are fulfilled if its counsel is present.
LA Code Crim Pro art. 841 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 841. Bill of exceptions unnecessary; objections required

A. An irregularity or error cannot be availed of after verdict unless it was objected to at the time of occurrence. A bill of exceptions to rulings or orders is unnecessary. It is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take, or of his objections to the action of the court, and the grounds therefor. B. The requirement of an objection shall not apply to the court's ruling on any written motion. C. The necessity for and specificity of evidentiary objections are governed by the Louisiana Code of Evidence. Amended by Acts 1974, No. 207, §1; Acts 1988, No. 515, §3, eff. Jan. 1, 1989. {{NOTE: SEE ACTS 1988, NO. 515, §12.}}
LA Code Crim Pro art. 842 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 842. Codefendants; presumption as to objections

If an objection has been made when more than one defendant is on trial, it shall be presumed, unless the contrary appears, that the objection has been made by all the defendants. Amended by Acts 1974, No. 207, §1.
LA Code Crim Pro art. 843 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 843. Recording of proceedings

In felony cases, in cases involving violation of an ordinance enacted pursuant to R.S. 14:143(B), and on motion of the court, the state, or the defendant in other misdemeanor cases tried in a district, parish, or city court, the clerk or court stenographer shall record all of the proceedings, including the examination of prospective jurors, the testimony of witnesses, statements, rulings, orders, and charges by the court, and objections, questions, statements, and arguments of counsel. Amended by Acts 1974, No. 207, §1; Acts 1975, No. 118, §1, eff. July 7, 1975; Acts 2001, No. 944, §3.
LA Code Crim Pro art. 844 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 844. Assignment of errors; sanctions for failure to file timely

A. The party appealing shall file with the appellate court a written designation of those errors which are to be urged on appeal and furnish a copy to the trial judge and all counsel. This assignment of errors shall be filed in accordance with the uniform rules of the appropriate appellate court. B. If the appellant fails to comply with these provisions and fails to secure an extension in accordance with Article 916(1), the trial judge on his own motion or motion of the clerk or any party or upon referral by the appellate court and after hearing shall either: (1) Extend the time within which the assignment of errors shall be filed. (2) Impose a fine not to exceed five hundred dollars upon the appellant or his attorney or both if the failure is found by the court to be arbitrary and capricious. C. If the record is not lodged in the appellate court within sixty days after the motion for the appeal is made or within the extended time granted by the proper court or if the record is lodged in the appellate court without an assignment of errors, the appellate court may adjudge the appellant, his attorney, or both guilty of contempt of court and impose a punishment authorized by law. D. The trial judge may submit such per curiam comments as he desires. Amended by Acts 1974, No. 207, §1; Acts 1980, No. 537, §1; Acts 1981, No. 296, §1; Acts 1984, No. 527, §1; Acts 1997, No. 642, §1.
LA Code Crim Pro art. 851 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 851. Grounds for new trial

A. The motion for a new trial is based on the supposition that injustice has been done the defendant, and, unless such is shown to have been the case the motion shall be denied, no matter upon what allegations it is grounded. B. The court, on motion of the defendant, shall grant a new trial whenever any of the following occur: (1) The verdict is contrary to the law and the evidence. (2) The court's ruling on a written motion, or an objection made during the proceedings, shows prejudicial error. (3) New and material evidence that, notwithstanding the exercise of reasonable diligence by the defendant, was not discovered before or during the trial, is available, and if the evidence had been introduced at the trial it would probably have changed the verdict or judgment of guilty. (4) The defendant has discovered, since the verdict or judgment of guilty, a prejudicial error or defect in the proceedings that, notwithstanding the exercise of reasonable diligence by the defendant, was not discovered before the verdict or judgment. (5) The court is of the opinion that the ends of justice would be served by the granting of a new trial, although the defendant may not be entitled to a new trial as a matter of strict legal right. (6) The defendant is a victim of human trafficking or trafficking of children for sexual purposes and the acts for which the defendant was convicted were committed by the defendant as a direct result of being a victim of the trafficking activity. Amended by Acts 1974, No. 207, §1; Acts 2014, No. 564, §6.
LA Code Crim Pro art. 852 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 852. Form, content, and trial of motion for new trial

A motion for a new trial shall be in writing, shall state the grounds upon which it is based, and shall be tried contradictorily with the district attorney.
LA Code Crim Pro art. 853 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 853. Time for filing motion for new trial

A. Except as otherwise provided by this Article, a motion for a new trial must be filed and disposed of before sentence. The court, on motion of the defendant and for good cause shown, may postpone the imposition of sentence for a specified period in order to give the defendant additional time to prepare and file a motion for a new trial. B. When the motion for a new trial is based on Article 851(B)(3) of this Code, the motion may be filed within one year after verdict or judgment of the trial court, although a sentence has been imposed or a motion for a new trial has been previously filed. However, if an appeal is pending, the court may hear the motion only on remand of the case. C. When the motion for a new trial is based on Article 851(B)(6) of this Code, the motion may be filed within three years after the verdict or judgment of the trial court, although a sentence has been imposed or a motion for new trial has been previously filed. However, if an appeal is pending, the court may hear the motion only on remand of the case. Acts 2014, No. 564, §6.
LA Code Crim Pro art. 854 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 854. Newly discovered evidence; necessary allegations

A motion for a new trial based on ground (3) of Article 851 shall contain allegations of fact, sworn to by the defendant or his counsel, showing:  (1) That notwithstanding the exercise of reasonable diligence by the defendant, the new evidence was not discovered before or during the trial;  (2) The names of the witnesses who will testify and a concise statement of the newly discovered evidence;  (3) The facts which the witnesses or evidence will establish; and  (4) That the witnesses or evidence are not beyond the process of the court, or are otherwise available. The newly discovered whereabouts or residence of a witness do not constitute newly discovered evidence.
LA Code Crim Pro art. 855 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 855. Errors discovered after verdict or judgment of guilty; necessary allegations

A motion for a new trial based on ground (4) of Article 851 shall contain allegations of fact sworn to by the defendant or his counsel, showing:  (1) The specific nature of the error or defect complained of; and  (2) That, notwithstanding the exercise of reasonable diligence by the defense, the error or defect was not discovered before or during the trial.
LA Code Crim Pro art. 855.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 855.1. Conviction based on acts committed as a victim of trafficking

A motion for new trial based on Article 851(B)(6) of this Code shall be available only to persons convicted of violating R.S. 14:82, 83.3, 83.4, 89, or 89.2 prior to August 1, 2014, and shall contain allegations of fact sworn to by the defendant or counsel of the defendant, showing that the defendant was convicted of the offense which was committed as a direct result of being a victim of human trafficking or trafficking of children for sexual purposes, or a victim of an offense which would constitute human trafficking or trafficking of children for sexual purposes regardless of the date of conviction. The motion shall provide information showing a rational and causal connection between the acts for which the defendant was convicted and the acts upon which the defendant bases his status as a victim. Acts 2014, No. 564, §6.
LA Code Crim Pro art. 856 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 856. Motion to urge all available grounds; exceptions

A motion for a new trial shall urge all grounds known and available to the defendant at the time of the filing of the motion. However, the court may permit the defendant to supplement his original motion by urging an additional ground, or may permit the defendant to file an additional motion for a new trial, prior to the court's ruling on the motion.
LA Code Crim Pro art. 857 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 857. Effect of granting new trial

The effect of granting a new trial is to set aside the verdict or judgment and to permit retrial of the case with as little prejudice to either party as if it had never been tried.
LA Code Crim Pro art. 858 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 858. Review of ruling on motion for new trial

Neither the appellate nor supervisory jurisdiction of the supreme court may be invoked to review the granting or the refusal to grant a new trial, except for error of law.
LA Code Crim Pro art. 859 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 859. Grounds for arrest of judgment

The court shall arrest the judgment only on one or more of the following grounds:  (1) The indictment is substantially defective, in that an essential averment is omitted;  (2) The offense charged is not punishable under a valid statute;  (3) The court is without jurisdiction of the case;  (4) The tribunal that tried the case did not conform with the requirements of Articles 779, 780 and 782 of this code;  (5) The verdict is not responsive to the indictment, or is otherwise so defective that it will not form the basis of a valid judgment;  (6) Double jeopardy, if not previously urged; or  (7) The prosecution was not timely instituted, if not previously urged. (8) The prosecution was for a capital offense or for an offense punishable by life imprisonment, but was not instituted by a grand jury indictment. Improper venue may not be urged by a motion in arrest of judgment.  Amended by Acts 1968, No. 145, §1; Acts 1974, Ex.Sess., No. 26, §1, eff. Jan. 1, 1975.
LA Code Crim Pro art. 860 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 860. Form, content, and trial of motion in arrest

A motion in arrest of judgment shall be in writing, shall state the ground upon which it is based, and shall be tried contradictorily with the district attorney.
LA Code Crim Pro art. 861 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 861. Time for filing motion in arrest

A motion in arrest of judgment must be filed and disposed of before sentence. The court, on motion of the defendant and for cause shown, may postpone the imposition of sentence for a specified period in order to give the defense additional time to prepare and file a motion in arrest of judgment.
LA Code Crim Pro art. 862 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 862. Effect of sustaining motion in arrest of judgment

If the judgment is arrested because of a defect in the indictment, the indictment shall be dismissed and the defendant shall be discharged as to that indictment. However, a new indictment may be filed within the time limitation stated in Article 576. If the judgment is arrested because the court is without jurisdiction of the case, the defendant shall be discharged, but may be tried by a court of proper jurisdiction. If the judgment is arrested because the wrong type of tribunal tried the case, or because the verdict is not responsive to the indictment or is otherwise fatally defective, the defendant shall be remanded to custody or bail to await a new trial. If the judgment is arrested on any other ground, the defendant shall be discharged.
LA Code Crim Pro art. 871 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 871. Sentence defined; pronouncing and recording of sentence; certification of conviction

A. A sentence is the penalty imposed by the court on a defendant upon a plea of guilty, upon a verdict of guilty, or upon a judgment of guilt. Sentence shall be pronounced orally in open court and recorded in the minutes of the court. B.(1)(a) In every judgment of guilty of a felony or of one of the misdemeanors enumerated in Subparagraph (2) of this Paragraph, the sheriff shall cause to be attached to the bill of information or indictment the fingerprints of the defendant against whom such judgment is rendered. (b)(i) Beneath such fingerprints shall be appended a certificate to the following effect: "I hereby certify that the above and foregoing fingerprints on this bill are the fingerprints of the defendant, and that they were placed thereon by said defendant this ______ day of ______, ______." (ii) The certificate shall be signed by the sheriff or other law enforcement officer who has custody of the defendant. (2) In addition to judgments of guilty of a felony, the sheriff shall cause the fingerprints of the defendant to be so attached for every judgment of guilty of the following misdemeanors: (a) First or second offense operating a vehicle while intoxicated in violation of R.S. 14:98. (b) First offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof, pursuant to a sentence imposed under R.S. 40:966(D)(1). (c) A first or second offense involving drug paraphernalia pursuant to a sentence imposed under R.S. 40:1035(A) and (B). (d) First or second offense theft pursuant to a sentence imposed under R.S. 14:67(B)(3) and first or second offense theft of goods pursuant to a sentence imposed under R.S. 14:67.10(B)(3). (e) First offense prostitution pursuant to a sentence imposed under R.S. 14:82(B)(1). (f) First or second offense of domestic abuse battery in violation of R.S. 14:35.3. (g) First offense of failure to pay a child support obligation in violation of R.S. 14:75. (h) A conviction for violation of protective orders (R.S. 14:79). C. The certificate required by Paragraph B of this Article shall be admissible in evidence in the courts of this state as prima facie evidence that the fingerprints appearing thereon are the fingerprints of the defendant against whom the judgment of guilty of a felony or one of the enumerated misdemeanors was rendered. Amended by Acts 1978, No. 302, §1; Acts 1979, No. 297, §1; Acts 1997, No. 852, §1; Acts 2003, No. 311, §1; Acts 2010, No. 513, §1.
LA Code Crim Pro art. 871.1 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 871.1. Sentencing orders to be sent to Louisiana Protective Order Registry

If part of the sentence contains an order for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to, another person in order to prevent domestic abuse or dating violence, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court. Acts 1997, No. 1156, §3; Acts 2003, No. 750, §2; Acts 2014, No. 317, §6.
LA Code Crim Pro art. 871.2 (2021)
2021 Louisiana Laws|Code of Criminal Procedure|Art. 871.2. Presentence inquiry of veteran status

Prior to the imposition of a sentence, the court may inquire and receive response, orally or in writing, whether the convicted defendant is currently serving in or is a veteran of the armed forces of the United States. If the convicted defendant is currently serving in the military or is a veteran, the court may order a presentence investigation pursuant to Article 875(F) to determine whether military and veteran resources are available. Acts 2013, No. 29, §1.