reglab/housing_qa huggingface dataset:
LA Rev Stat § 13:5201 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5201. Small claims divisions

RS 5201 - Small claims divisions   A. Each city court, now in existence or hereafter created, is authorized to establish by court rule one or more small claims divisions.  B. Such small claims divisions may be established in such areas of the territorial jurisdiction of the court as the judge or judges thereof deem appropriate to best serve the small claims litigants within the jurisdiction. Evening and Saturday hours of operations of a small claims division may also be established.  C. A small claims division so authorized is provided for the filing of matters within its subject matter jurisdiction as provided in R.S. 13:5202(A). A plaintiff filing suit on a claim within the jurisdiction of the division is authorized to file such suit in the division instead of on the regular civil docket of the court.  D. The clerk of court shall maintain a docket for the record of cases filed in the small claims division. At his option, small claims so identified may be entered in docket books maintained for the ordinary civil docket.  E. In the City Court of East St. Tammany, parties shall participate in the Online Dispute Resolution Pilot Project Program process pursuant to R.S. 13:5213 et seq.  Added by Acts 1977, No. 710, §1. Amended by Acts 1979, No. 46, §3, eff. Jan. 1, 1980; Acts 1987, No. 256, §1; Acts 2021, No 281, §1.
LA Rev Stat § 13:5202 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5202. Jurisdiction

RS 5202 - Jurisdiction  A. A small claims division shall be a court not of record and shall have civil subject matter jurisdiction in cases where the amount in dispute does not exceed five thousand dollars, exclusive of interest, court costs, attorney fees, or penalties, whether provided by agreement or by law, provided that not more than ten parties plaintiff shall be joined in the same action pursuant to Article 463 of the Code of Civil Procedure and that there shall be no class certification pursuant to Articles 591 through 597 of the Code of Civil Procedure.  B. A small claims division shall have authority to grant any appropriate relief, including money damages and equitable relief. Injunctions and restraining orders shall not issue from a small claims division, except to arrest the execution of its own writ. Class actions, summary proceedings, and executory proceedings shall be prohibited.  C. The judges and clerks of the respective courts shall serve as the judges and clerks of the small claims divisions, except that an attorney appointed by the judges may serve as arbitrator as hereinafter provided.  D. Each court may by court rule establish mass filing limitations on all parties filing claims in the small claims divisions.  E. In the City Court of East St. Tammany, the small claims division shall have civil subject matter jurisdiction in cases where the amount in dispute is the same as the amount established for civil jurisdiction in a justice of the peace court, exclusive of interest, court costs, attorney fees, or penalties, whether provided by agreement or by law, provided that not more than ten parties plaintiff shall be joined in the same action pursuant to Code of Civil Procedure Article 463, and there shall be no class certification pursuant to Code of Civil Procedure Articles 591 through 597.  Added by Acts 1977, No. 710, §1. Amended by Acts 1979, No. 46, §3, eff; Jan. 1, 1980; Acts 1982, No. 286, §1; Acts 1985, No. 298, §1; Acts 1987, No. 256, §1; Acts 1999, No. 312, §1; Acts 2008, No. 195, §1; Acts 2012, No. 209, §1; Acts 2020, No. 205, §1, eff. June 11, 2020.
LA Rev Stat § 13:5203 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5203. Pleadings; citation; procedure; evidence; substantive law; depositions

RS 5203 - Pleadings; citation; procedure; evidence; substantive law; depositions  A. The pleadings, citation, and procedure provided by Articles 4901 through 4904 of the Louisiana Code of Civil Procedure shall be applicable to a small claims division created under authority of this Part. The technical rules of evidence are relaxed, and all relevant evidence is admissible, including hearsay, provided the judge satisfies himself of its general reliability; and further provided that the judgment is founded upon competent evidence.  B. A small claims division shall conduct hearings upon small claims in such manner as to do substantial justice between the parties according to the rules of substantive law, and shall not be bound by the statutory provisions or rules governing practice, procedure, pleading, or evidence, except statutory provisions relating to privileged communications.  C. No depositions shall be taken and no interrogatories or other discovery proceedings shall be used under the small claims procedure.  Added by Acts 1977, No. 710, §1. Amended by Acts 1979, No. 46, §3, eff. Jan. 1, 1980; Acts 1987, No. 256, §1.
LA Rev Stat § 13:5204 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5204. Service of citation; extension of delay to answer

RS 5204 - Service of citation; extension of delay to answer  A. Service of citation or other process shall be by certified mail, with return receipt requested. However, should the receipt not be returned, or, if requested by a party filing the pleading who pays the service charge therefor, or if required by local court rule, service of pleadings may be made in accordance with the Louisiana Code of Civil Procedure.  B. Notwithstanding any other provision of law to the contrary, each citation or other process shall contain a notice which provides substantially as follows:  "ATTENTION!  THIS LAWSUIT IS FILED IN THE SMALL CLAIMS COURT. THE ORDINARY RULES OF EVIDENCE DO NOT APPLY IN SMALL CLAIMS COURT.  IF YOU LOSE IN SMALL CLAIMS COURT, YOU HAVE NO RIGHT TO APPEAL THE COURT'S DECISION.  YOU MAY HAVE THIS CASE TRANSFERRED TO THE REGULAR CIVIL COURT IF YOU WISH. TO DO SO, YOU MUST FILE A WRITTEN NOTICE WITH THE CLERK OF THE SMALL CLAIMS COURT AND PAY THE APPROPRIATE TRANSFER FEE WITHIN TEN (10) DAYS OF RECEIVING THIS LETTER.  IF YOU ARE UNSURE OF WHAT TO DO, YOU SHOULD TALK WITH AN ATTORNEY ABOUT IT IMMEDIATELY."  C.(1) If the properly addressed certified mail return receipt reply form is signed by the addressee/defendant, then service shall be considered as personal service.  (2) If the properly addressed certified mail return receipt reply form is signed by a person other than the defendant then service shall be considered as domiciliary service.  (3) If the properly addressed certified mail return receipt reply form is returned and marked "refused" or "unclaimed" by the addressee then service is regarded as tendered and shall be considered as domiciliary service.  D. If service of the citation and original petition is made by domiciliary service as provided herein, service of the notice of judgment shall be made as provided by law, except if the certified mail is marked "unclaimed" or "refused", service of the notice of judgment shall be made by the sheriff, marshal, or constable having jurisdiction.  E. REPEALED BY ACTS 1990, NO. 76, §2.  Acts 1989, No. 86, §1; Acts 1990, No. 76, §§1, 2.
LA Rev Stat § 13:5205 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5205. Fees

RS 5205 - Fees  A. The plaintiff, upon filing a claim, shall pay as court costs a fee of thirty-five dollars for each party made defendant. No other prejudgment costs, except those required by R.S. 13:10.3, shall be required of the plaintiff so long as the action remains in a small claims division; provided that if the suit is amended or additional service of process is required, the court may require a fee of not more than twenty dollars for each additional service. Additionally, the court may require a fee of not more than twenty dollars for each subpoena issued. In accordance with the provisions of R.S. 49:225, no additional cost or fee shall be required when service of process is required to be made upon the secretary of state so long as the action remains in a small claims division.  B. Costs may be waived for an indigent party who complies with the provisions of Articles 5181 through 5188 of the Louisiana Code of Civil Procedure.  C. The filing fee of thirty-five dollars shall be paid to the judge of the court as a fee in lieu of all other fees in each such case; however, all costs and expenses incurred shall be paid from the filing fee, except as otherwise provided herein.  D. Repealed by Acts 1987, No. 256, §2.  Added by Acts 1977, No. 710, §1. Amended by Acts 1980, No. 118, §1. Acts 1983, No. 211, §1; Acts 1985, No. 312, §1; Acts 1987, No 256, §§1, 2.
LA Rev Stat § 13:5206 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5206. Reconventional demand beyond jurisdiction; filing in court of competent jurisdiction; transfer of proceedings from small claims division

RS 5206 - Reconventional demand beyond jurisdiction; filing in court of competent jurisdiction; transfer of proceedings from small claims division A. If a defendant in a small claims action shall have a claim against the plaintiff in such action for an amount over the jurisdiction of the small claims division as set forth in R.S. 13:5202(A), but of a nature which may be asserted by a reconventional demand as authorized by Article 1061 of the Louisiana Code of Civil Procedure, the defendant may assert his claim in the manner provided by this Section, in order to secure consolidation for trial of the small claims action with his own claim. B. At any time prior to trial in the small claims action, the defendant therein may commence an action against the plaintiff in a court of competent jurisdiction to assert a claim of the nature set forth by R.S. 13:5206(A), and file an affidavit that the reconventional demand is in excess of three thousand dollars with the judge of the small claims division in which the plaintiff has commenced the small claims action. C. The defendant shall attach to the affidavit a true copy of his petition or reconventional demand so filed and shall pay the clerk of the small claims division a transmittal fee of ten dollars, in addition to the prescribed court costs for filing the reconventional demand, furnishing a copy of the affidavit and pleading to the plaintiff. D. The judge of the small claims division shall order that the small claims division action be transferred to the ordinary docket of the court set forth in said affidavit, and he shall transmit to such court (if it is other than the court of the small claims division) copies of the citation and any pleadings in the small claims action, and the actions shall then be consolidated for trial in such other docket or court. E. The plaintiff in the small claims action shall not be required to pay to the clerk of the court to which the action is so transferred any transmittal, appearance, or filing fee; although, upon adverse judgment, he may be taxed with costs as in the case of any other defendant. Added by Acts 1977, No. 710, §1; Acts 1987, No. 256, §1; Acts 1999, No. 312, §1.
LA Rev Stat § 13:5207 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5207. Arbitration awards

RS 5207 - Arbitration awards  A. The judge may refer small claims cases to an attorney at law who shall serve as arbitrator provided the parties agree to be bound by his arbitration. An attorney at law so appointed by the judge shall conduct the proceedings in the manner described in R.S. 13:5208(A), and, if authorized by rule of court, he may be entitled to reasonable compensation for his services to be paid from court funds if available.  B. The arbitrator's decision shall be reduced to writing and shall be final and binding upon all parties. Upon ex parte motion of any party, judgment may be granted in accordance with the arbitration award.  Acts 1989, No. 301, §1.
LA Rev Stat § 13:5207.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5207.1. Request for arbitration

RS 5207.1 - Request for arbitration  A. Upon filing an action in small claims court pursuant to R.S. 13:5203 et seq., a plaintiff may request in writing that the proceeding be referred for arbitration. Within ten days after service of a small claims proceeding on any party, that party may request in writing that the proceeding be referred for arbitration.  B. Notice that a request for arbitration has been filed shall be served in accordance with R.S. 13:5204 and shall contain language in substantially the following form:  "ARBITRATION OF THIS MATTER HAS BEEN REQUESTED. YOU MAY PREVENT ARBITRATION AND HAVE THE MATTER TRIED IN SMALL CLAIMS COURT BY FILING A WRITTEN OBJECTION WITH THE CLERK OF THE SMALL CLAIMS COURT NO LATER THAN TEN DAYS FROM THE DATE ON WHICH YOU RECEIVE THIS NOTICE. COPIES OF THE WRITTEN OBJECTION SHOULD BE SENT TO ALL OTHER PARTIES IN THIS MATTER."  C. The party requesting arbitration shall cause notice of the request to be served on all other parties to the proceeding.  D. When a timely written request for arbitration has been filed, the clerk of court shall transfer the proceedings to arbitration unless a timely written objection to arbitration is filed by a party.  E. Any party may file with the clerk of court a written objection to arbitration within ten days after the date on which the party is served with notice of a request for arbitration. A copy of the written objection shall be served on all other parties to the proceeding. If any timely written objection is filed by any party, the proceeding shall be heard in small claims court.  F. Notwithstanding the provisions of this Section, a judge in a small claims proceeding retains the authority to refer the proceeding to an arbitrator as provided by R.S. 13:5207.  G. All cost of arbitration shall be borne by the litigants.  Acts 1992, No. 489, §1, eff. June 20, 1992.
LA Rev Stat § 13:5208 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5208. Judge's role; judgment; new trial; stay; installment payments; enforcement

RS 5208 - Judge's role; judgment; new trial; stay; installment payments; enforcement  A. At trial, and after ascertaining that the case is properly lodged in the small claims division, it is the duty of the judge to conduct an informal hearing, and to develop all of the facts necessary and relevant to an impartial determination of the case. The judge may take testimony, raise defenses or claims of which the parties may be unaware, summon any party to appear as a witness in the suit upon his own motion, and do other acts which in his discretion appear necessary to effect a correct judgment and speedy disposition of the case. He may attempt to conciliate disputes and encourage fair settlements among the parties. The court may by local rule limit the role of attorneys in small claims division proceedings.  B. A judgment rendered in a small claims division becomes final and executory three days after it is signed, or notice of that judgment, if necessary, is mailed, unless within that period a motion for new trial is filed or the judge stays execution of that judgment in accordance with Subsection D of this Section.  C. Notice of judgment shall be mailed or served by the marshal, constable, or sheriff to a defendant against whom judgment is rendered if the citation was not served on or received by him personally and he failed to appear or answer. For purposes of this Part, the date of mailing such notice shall be considered the date the judgment is signed.  D. When judgment is to be rendered in an action pursuant to this Part, and the party against whom it is to be entered requests an inquiry, or on the judge's own motion, the judge may inquire fully into the party's financial status and may stay execution and order partial payments in such amounts, over such periods, and upon such terms, which may include payment to the clerk of court, as deemed just under the circumstances. Upon a showing by a preponderance of the evidence that the party has failed to meet an installment payment without just excuse, the stay of execution shall be vacated. When a stay of execution has not been ordered or when a stay of execution has been vacated as provided in this Subsection, the party in whose favor the judgment has been entered may avail himself of all remedies available for the enforcement of the judgment provided by the Louisiana Code of Civil Procedure.  Added by Acts 1977, No. 710, §1; Acts 1987, No. 256, §1.
LA Rev Stat § 13:5209 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5209. Waiver of right to appeal

RS 5209 - Waiver of right to appeal  A. A plaintiff who files a complaint in a small claims division shall be deemed to have waived his right to appeal unless the complaint is removed as provided in Subsection B below or is transferred as provided in R.S. 13:5206 above.  B. A defendant shall be deemed to have waived his right to appeal unless, within the time allowed for filing an answer to the complaint, he files a written motion seeking removal of the action to the ordinary civil docket of the court in which the complaint is filed, which motion shall be granted forthwith.  C. Upon removal as provided in Subsection B of this Section, a plaintiff shall not be required to pay for additional costs beyond those due under this Part; any such additional costs as may be lawfully assessed shall be paid by the defendant mover; the plaintiff, if judgment is rendered against him, shall not be cast in such additional costs.  Added by Acts 1977, No. 710, §1; Acts 1987, No. 256, §1.
LA Rev Stat § 13:5210 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5210. State agencies

RS 5210 - State agencies  The provisions of this Part shall not apply to agencies of the state.  Added by Acts 1977, No. 710, §1.
LA Rev Stat § 13:5211 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5211. Clerk's role

RS 5211 - Clerk's role  If oral demand is made or written pleadings are filed, the clerk of the small claims division shall prepare the citation summoning the defendant to answer in accordance with the provisions of Article 4902 of the Louisiana Code of Civil Procedure. The clerk shall send notice to the defendant by certified mail, return receipt requested, or by service through the marshal, constable, or sheriff. In addition, the clerk is authorized to cooperate fully with the parties, which includes answering any questions that the parties may have concerning the small claims procedure, in identification of the proper parties to the suit, and in furnishing general information concerning appropriate evidence for trial. The clerk is neither authorized nor expected to provide legal advice.  Added by Acts 1977, No. 710, §1. Amended by Acts 1979, No. 46, §3, eff. Jan. 1, 1980; Acts 1987, No. 256, §1.
LA Rev Stat § 13:5212 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5212. Applicability of Part

RS 5212 - Applicability of Part  The provisions of this Part, except as otherwise specifically provided by Book VIII of the Louisiana Code of Civil Procedure, shall govern and regulate the procedure in proceedings in small claims divisions of city courts.  Acts 1987, No. 256, §1.
LA Rev Stat § 13:5213 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5213. Declaration of purpose

RS 5213 - Declaration of purpose  The purpose of the Online Dispute Resolution Pilot Project Program, hereinafter referred to as "the program" is to further the primary objectives of the small claims division pursuant to R.S. 13:5200. In an effort to improve access to justice, the Louisiana Supreme Court has initiated the program in the City Court of East St. Tammany to include all small claims cases filed in the court beginning January 1, 2022.  Acts 2021, No. 281, §1.  NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
LA Rev Stat § 13:5214 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5214. Online Dispute Resolution Pilot Project Program

RS 5214 - Online Dispute Resolution Pilot Project Program  A. In a court participating in the program, parties to small claims proceedings shall participate in the program unless they have been exempted by the court due to an undue hardship. An undue hardship exists when a party cannot access the online system or participate in the online process without substantial difficulty or expense.  B. If the court exempts any party from participating in the program, the clerk of court shall transfer the matter to be set for a trial de novo.  Acts 2021, No. 281, §1.  NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
LA Rev Stat § 13:5215 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5215. Appointment of a facilitator

RS 5215 - Appointment of a facilitator  A. A program facilitator shall be appointed by the judge of a court participating in the program to assist parties in reaching a settlement.  B. The facilitator shall be assigned to the case not more than ten days after all parties register for an account within the program.  C. The facilitator shall inform the parties of the procedure to be followed, including the type of communication the parties may use.  D. Unless the facilitator determines additional time will likely result in a settlement, these efforts at resolution shall not exceed fourteen days. The facilitator may extend or shorten the timelines at any time during the process.  Acts 2021, No. 281, §1.  NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
LA Rev Stat § 13:5216 (2021)
2021 Louisiana Laws|Revised Statutes|Title 13 - Courts and Judicial Procedure|§5216. Initiation of claim

RS 5216 - Initiation of claim  A. In a court participating in the program, small claims cases shall be initiated by affidavit filed by the plaintiff stating the demand. The affidavit shall include the plaintiff's email address and, if known, the defendant's email address.  B. If the plaintiff seeks an exemption from the program due to undue hardship pursuant to R.S. 13:5214, the request for exemption shall be filed with the affidavit of claim.  C. The plaintiff shall register in the program within ten days of filing the affidavit of claim, or if the plaintiff filed a request for exemption and the exemption is denied, within ten days of the denial.  D. If the plaintiff fails to register in the program within the prescribed time delay, the court shall dismiss the affidavit of claim without prejudice. If the defendant establishes by clear and convincing evidence that the plaintiff failed to register or participate in a prior case regarding the same dispute, the court shall dismiss the affidavit of claim with prejudice. The court may take judicial notice of a plaintiff's previously filed claim regarding the same dispute and the plaintiff's failure to register with the program, and the court may dismiss the claim with prejudice on its own motion.  E. Neither written discovery nor deposition upon oral examination shall be allowed in the program. However, the facilitator may communicate privately with any party for the purposes of facilitating a resolution. In addition, the facilitator may request a party provide the facilitator and every other party any of the following:  (1) Information and evidence about the merits of the case.  (2) Information about either party's ability to pay.  (3) Responses to another party's information.  (4) The party's position on any proposed resolution of the affidavit of claim.  Acts 2021, No. 281, §1.  NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.