reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5112. Suits against the state or political subdivision; court costs; interest

RS 13:5112 - Suits against the state or political subdivision; court costs; interest
A. In any suit against the state or any department, board, commission, agency, or political subdivision thereof, the trial or appellate court, after taking into account any equitable considerations as it would under Article 1920 or Article 2164 of the Code of Civil Procedure, as applicable, may grant in favor of the successful party and against the state, department, board, commission, agency, or political subdivision against which judgment is rendered, an award of such successful party's court costs under R.S. 13:4533 and other applicable law as the court deems proper but, if awarded, shall express such costs in a dollar amount in a judgment of the trial court or decree of the appellate court.
B. In accordance with Section 10 of Article XII of the Constitution of Louisiana, neither the state nor any department, board, commission, agency, or political subdivision thereof shall be required to pay any such award of court costs, pursuant to this Section, until the judgment rendered against the state, department, board, commission, agency, or political subdivision shall become final and definitive under the provisions of Articles 2166 and 2167 of the Code of Civil Procedure or otherwise nonappealable or nonreviewable beyond the delays set by law for same and the funds have been appropriated therefor in a specific dollar amount. In the parish of Jefferson, the provisions of this Section shall not exempt the state or any department, board, commission, agency, or political subdivision thereof, other than the parish governing authority of Jefferson Parish which shall be so exempt, from paying any conveyance or mortgage recordation fees ordinarily and customarily charged by the clerk of court.
C. Legal interest on any claim for personal injury or wrongful death shall accrue at six percent per annum from the date service is requested following judicial demand until the judgment thereon is signed by the trial judge in accordance with Code of Civil Procedure Article 1911. Legal interest accruing subsequent to the signing of the judgment shall be at the rate fixed by R.S. 9:3500.
D. This law shall not apply to, nor shall the administrator of the Louisiana Employment Security Law be cast for any court costs in, any judicial review proceeding under the provisions of R.S. 23:1634.
Added by Acts 1978, No. 467, §1. Amended by Acts 1979, No. 530, §1; Acts 1985, No. 509, §1; Acts 1993, No. 431, §1, eff. June 9, 1993; Acts 1993, No. 958, §1, eff. June 25, 1993; Acts 1995, No. 828, §2; Acts 1997, No. 1172, §2, eff. June 30, 1997; Acts 2004, No. 743, §3, eff. Jan. 1, 2005.
NOTE: See Acts 1985, No. 509, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5113. Collection of court costs from convicted felons

RS 13:5113 - Collection of court costs from convicted felons
A. Whenever a person convicted of a criminal offense and sentenced to the custody of the Department of Public Safety and Corrections obtains a money judgment against the state, any agency thereof, or any official or employee of the state for which the state will provide indemnification under R.S. 13:5108.1 or R.S. 13:5108.2, the attorney general shall notify the clerk of court of the parish in which the person was convicted and the state treasurer of such judgment.
B. Within thirty days after receipt of the notice, the clerk of court shall send to the attorney general and the state treasurer a statement detailing the costs of prosecution.
C. Upon receipt of the statement from the clerk, the attorney general shall take such action as is necessary to seize the judgment rendered in favor of the convicted felon for the purpose of paying the costs of prosecution.
D. All such money collected by the attorney general shall be turned over to the state treasurer who shall disburse the funds according to law.
Acts 1984, No. 542, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5115. Limitation on the liability of the state and political subdivisions

RS 13:5115 - Limitation on the liability of the state and political subdivisions
A. There shall be no cause or right of action, against the state, its departments, commissions, boards, state agencies or any of its political subdivisions, or against any officer, employee, or independent contractor of the state arising out of the discharge of his official duty or within the scope of his employment that is in whole or in part dependent upon a year 1999, 2000 or 2000 leap year computer or embedded chip information technology system or network date calculation failure or error, if the state exercised due diligence to assess whether the information technology product in question was year 2000 compliant, took appropriate action to insure that the product was year 2000 compliant, and based on that assessment or action taken held a reasonable belief that the information technology product in question was year 2000 compliant.
B.(1) This limitation on a cause or right of action does not extend to claims for personal injury; however, any recovery shall be limited in accordance with the provisions of R.S. 13:5106, and no judgment against the state, its departments, commissions, boards, state agencies or any of its political subdivisions, or against any officer, employee, or independent contractor of the state arising out of the discharge of his official duty or within the scope of his employment shall be exigible, payable, or paid except from funds appropriated therefor by the legislature or by the political subdivision against which the judgment is rendered.
(2) All suits filed against the state shall be filed in the Nineteenth Judicial District Court in Baton Rouge, Louisiana.
Acts 1999, No. 774, §1, eff. July 2, 1999.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5121. Definitions

RS 13:5121 - Definitions
Wherever used in this title, unless a different meaning clearly appears in the context, the following terms whether used in the singular or plural, shall be given the following respective interpretations:
(1) "Bonds" means any debt obligations issued by any governmental unit, as hereinafter defined, and shall include, but not by way of limitation, the following: bonds, refunding bonds, notes, and certificates payable from and secured by (a) ad valorem and other taxes, (b) other revenues from whatever source derived, and (c) local or special assessments.
(2) "Governmental unit" means the state of Louisiana, municipalities, parishes, parish and municipal school boards and districts, levee boards and districts, housing authorities, bridge authorities, community improvement agencies, redevelopment agencies, all other political subdivisions of the state, public trusts, corporations, districts, boards, authorities, agencies, and units of local government and nonprofit corporations created by or governed by the governing authorities of parishes or municipalities, any special service districts, such as water, sewerage, garbage, and lighting districts created by or pursuant to legislative acts and any other districts, boards, authorities, and agencies of the state of Louisiana authorized to issue bonds.
(3) "Governing body" means the board or body in which the bond issuing power of a governmental unit is vested.
Acts 1972, No. 385, §1, eff. July 26, 1972; Acts 2012, No. 212, §1, eff. May 22, 2012.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5122. Law applicable; legislative intent

RS 13:5122 - Law applicable; legislative intent
All suits, actions and proceedings of whatever nature affecting the validity of bonds of any governmental unit, or the interest thereon, or the sale thereof, or the election, if any, authorizing the issuance of said bonds shall be brought only in accordance with the provisions of this Title. These provisions shall supersede all other acts and statutes on the subject and be controlling in all such cases notwithstanding the provisions of any other law or charter to the contrary; provided, however, nothing herein contained shall affect, change, alter or modify in any way any peremptive or prescriptive period for the contesting of bonds of governmental units or elections authorizing their issuance, established pursuant to the constitution and statutes of this state which shall continue to govern the time within which actions covered thereby may be filed. It is hereby declared that it is the intention of the legislature in enacting this law to provide a uniform, expeditious and equitable procedure with due regard for the public fisc and rights of persons in interest for the judicial determination of the validity of bonds and related proceedings where material and substantial questions with regard thereto are involved or a judicial determination of issues relating to bonds is necessary to insure the marketability of bonds in investment channels. It is not the intention of the legislature to require or to encourage the validation of all bonds by the judiciary.
Acts 1972, No. 385, §1, eff. July 26, 1972.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5123. Proceedings by governmental unit to establish validity; procedure; parties defendant

RS 13:5123 - Proceedings by governmental unit to establish validity; procedure; parties defendant
The governing body of any governmental unit proposing to issue or which is in the process of issuing bonds or has provided a new or different source of payment for outstanding bonds may bring at any time a proceeding in the district court having original jurisdiction over the matter, and in which such governmental unit is domiciled to establish the validity of such bonds, the legality of the election, if any, authorizing the issuance of such bonds, the validity of the action taken to provide a new source of security for outstanding bonds and all proceedings theretofore taken in connection with the authorization or issuance of such bonds and the validity of the tax, any lease or other means provided for the payment of such bonds, and the validity of all pledges of revenues and of all covenants and provisions which constitute a part of the contract between such governmental unit and the holders of such bonds. Such proceedings shall be brought by filing a motion for judgment describing such bonds and the proceedings had relative to the issuance thereof or the providing of a new or different source of payment therefor and alleging that such bonds when issued will be valid and legal obligations of the issuing governmental unit or that the action taken with respect to providing a new or different source of payment is valid and legal. In such motion for judgment the taxpayers, property owners and citizens of the issuing governmental units, including nonresidents owning property or subject to taxation therein, and all other persons interested in or affected in any way by the issuance of such bonds shall be made parties defendant.
Acts 1972, No. 385, §1, eff. July 26, 1972.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5125. Contesting issuance of bonds or action taken with respect to source of payment therefor; notice and hearing; service on member of governing body

RS 13:5125 - Contesting issuance of bonds or action taken with respect to source of payment therefor; notice and hearing; service on member of governing body
Any person, corporation, or association desiring to contest or enjoin the issuance of any such bonds or action taken providing for a new or different source of payment for outstanding bonds shall proceed by motion for judgment brought in the court having jurisdiction as provided in R.S. 13:5123. Upon the filing of any such motion for judgment, the court shall enter an order within five days following such filing requiring the publication of the motion in some newspaper published in or having general circulation in such governmental unit two times within a period of fifteen consecutive calendar days from the date of the issuance of the order specifying the dates for publication thereof, with the first publication as provided in this Section to be not later than eight days from and after the date of the issuance of the order, and at the same time fix a time and place for hearing the proceeding, which time and place shall be published with the motion for judgment. The date fixed for the hearing shall be at least ten days, but not more than thirteen days, after the second publication of such motion for judgment. In addition to such publication, the plaintiff must secure personal service at least five days prior to the second publication of the motion for judgment on at least one member of the governing body of the governmental unit whose actions or proceedings are sought to be contested or enjoined, and must cause notification of the motion for judgment to be made upon the State Bond Commission and the attorney general by mailing a certified copy of the motion for judgment by registered or certified mail, with return receipt requested. The State Bond Commission shall post to its online database within two days of receipt the caption of the motion for judgment, including the parties, the docket number, judicial district, and parish in which the motion for judgment is filed. The State Bond Commission may remove from an online database on its website such motions and captions after three years from their initial posting on the website.
Acts 1988, No. 771, §1, eff. July 15, 1988; Acts 2012, No. 212, §1, eff. May 22, 2012.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5126. Answer by party defendant; intervention by interested parties; determination of questions; orders; precedence over other business

RS 13:5126 - Answer by party defendant; intervention by interested parties; determination of questions; orders; precedence over other business
Any party defendant may answer such motion for judgment within seven days after the second publication thereof but not thereafter. Any property owner, taxpayer, citizen, or other person in interest may become a party to said proceedings by pleading to the motion within seven days after the second publication thereof, or thereafter by intervention upon leave of court. In the event no answers or pleadings are filed by any person with respect to the motion or judgment within the time set forth in the preceding sentences of this Section, the plaintiff may file a motion requesting the court to consider and pass upon questions certified therein in rendering its judgment. At the time and place designated in the order for hearing, the judge shall proceed to hear and determine all questions of law and fact in said cause and may make such orders as to the proceedings and such adjournments as will enable him properly to try and determine the same and to render a final judgment therein with the least possible delay. To the extent possible and practicable under the circumstances, judgment shall be rendered within ten days after the hearing is concluded.
Acts 1972, No. 385, §1, eff. July 26, 1972. Amended by Acts 1975, No. 230, §1, eff. July 16, 1975.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5127. Consolidation of actions or proceedings

RS 13:5127 - Consolidation of actions or proceedings
Upon motion of the plaintiff or the governmental unit the court in which the first proceeding to invalidate or sustain the bonds or the action taken with respect to a new or different source of payment thereof was instituted may enjoin the commencement by any person, corporation or association of any other action or proceeding involving the validity of the bonds or any matter recited in the motion for judgment, and may order a joint hearing before it of all such issues then pending in any actions or proceedings in any court in the state, and may order all such actions or proceedings consolidated with the validation proceeding pending before it, and may make such orders as may be necessary or proper to effect consolidation and as may tend to avoid unnecessary costs or delays. Such order shall not be appealable.
Acts 1972, No. 385, §1, eff. July 26, 1972.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5128. Appeals

RS 13:5128 - Appeals
From the final judgment of the court an appeal shall lie to the supreme court where permitted by the constitution of this state, otherwise to the court of appeal. No appeal to the court of appeal or the supreme court shall be allowed unless the petition therefor is filed within ten days from the date on which the judgment of the court is entered and only if the party taking the appeal has the record certified to the proper appellate court and his brief filed therein within twenty days from the date on which the judgment of the court is entered, or such shorter time as may be required by the appellate court. The appellee shall have fourteen days in which to file a reply brief and the case shall be heard no later than seven days thereafter. The court of appeal shall render a decision within the seven day period following the hearing. In the event the court of appeal finds a statute or law unconstitutional, an appeal from a decision of the court of appeal affirming or overturning the final judgment of the district court lies to the supreme court provided such appeal is taken within five days of the date of such decision. The supreme court shall consider such appeal within the time limits and in the manner as prescribed above for direct appeals from the district court. The parties may otherwise apply to the supreme court for writs of review or certiorari in accordance with law.
Acts 1988, No. 771, §1, eff. July 15, 1988.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5129. Decree validating bonds binding and conclusive

RS 13:5129 - Decree validating bonds binding and conclusive
In the event the decree of the court validates the bonds or validates the action taken to provide a new or different source of payment for the bonds, and no appeal is taken within the time above prescribed, or if appeal is taken and the decree of the court is affirmed, such decree shall be forever binding and conclusive as to the validity of the bonds, the validity of the tax, any lease or other means provided for the payment of such bonds and the validity of all pledges of revenues and of all covenants and provisions contained in the instrument or proceedings authorizing or providing for the issuance of such bonds, and as to all matters adjudicated and as to all objections presented or which might have been presented in such proceeding, and shall constitute a permanent injunction against the institution by any person of any action or proceeding contesting the validity of the bonds or any other matter adjudicated or which might have been called in question in such proceedings.
Acts 1972, No. 385, §1, eff. July 26, 1972.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5130. Bonds invalidated only for substantial defects; matters of form disregarded

RS 13:5130 - Bonds invalidated only for substantial defects; matters of form disregarded
No court in which a proceeding to invalidate or sustain bonds is brought shall invalidate the bonds unless it finds substantial defects, material errors and omissions in the incidents of such bond issue. Matters of form shall be disregarded.
Acts 1972, No. 385, §1, eff. July 26, 1972.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5200. Declaration of purpose

RS 13:5200 - Declaration of purpose
A. The purpose of this Part is to improve the administration of justice in small noncriminal cases, and make the judicial system more available to and comprehensible by the public; to simplify practice and procedure in the commencement, handling, and trial of such cases in order that plaintiffs may bring actions in their own behalf, and defendants may participate actively in the proceedings rather than default; to provide an efficient and inexpensive forum with the objective of dispensing justice in a speedy manner; and generally to promote the confidence of the public in the overall judicial system by providing a forum for small claims.
B. In an effort to improve access to justice, the Louisiana Supreme Court has initiated an Online Dispute Resolution Pilot Project Program as provided in Part XVIII-A of this Chapter to include all small claims cases filed in the City Court of East St. Tammany beginning January 1, 2022, and continuing until the Louisiana Supreme Court or Louisiana Legislature terminates the program.
Added by Acts 1977, No. 710, §1; Acts 2021, No. 281, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5201. Small claims divisions

RS 13:5201 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5202. Jurisdiction

RS 13:5202 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5203. Pleadings; citation; procedure; evidence; substantive law; depositions

RS 13:5203 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5204. Service of citation; extension of delay to answer

RS 13:5204 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5205. Fees

RS 13:5205 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5206. Reconventional demand beyond jurisdiction; filing in court of competent jurisdiction; transfer of proceedings from small claims division

RS 13:5206 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5207. Arbitration awards

RS 13:5207 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5207.1. Request for arbitration

RS 13:5207.1 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5208. Judge's role; judgment; new trial; stay; installment payments; enforcement

RS 13:5208 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5209. Waiver of right to appeal

RS 13:5209 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5211. Clerk's role

RS 13:5211 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5212. Applicability of Part

RS 13:5212 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5213. Declaration of purpose

RS 13:5213 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5214. Online Dispute Resolution Pilot Project Program

RS 13:5214 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5215. Appointment of a facilitator

RS 13:5215 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5216. Initiation of claim

RS 13:5216 - 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.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5217. Service of citation; extension of delay to answer

RS 13:5217 - Service of citation; extension of delay to answer
A. Service of affidavit of claim in the program or other process shall be by certified mail, return receipt requested. However, if the receipt is not returned, if requested by a party filing the pleading who pays the service charge, or if required by local court rule, service of pleadings may be made in accordance with the Code of Civil Procedure.
B. Notwithstanding any other provision of law to the contrary, the affidavit of claim or other process shall contain a notice which provides substantially as follows:
"ATTENTION!
THIS LAWSUIT IS FILED IN THE SMALL CLAIMS COURT, WHICH HAS BEEN REFERRED TO THE ONLINE DISPUTE RESOLUTION PILOT PROJECT PROGRAM.
THE ORDINARY RULES OF EVIDENCE DO NOT APPLY IN THE ONLINE DISPUTE RESOLUTION PILOT PROJECT PROGRAM.
IF YOUR CLAIM IS NOT SETTLED IN THE ONLINE DISPUTE RESOLUTION PILOT PROJECT PROGRAM, THE CASE WILL BE SET FOR A TRIAL DE NOVO.
IF YOU WISH TO FILE AN EXEMPTION FROM PARTICIPATING IN THE ONLINE DISPUTE RESOLUTION PILOT PROJECT PROGRAM DUE TO AN UNDUE HARDSHIP, YOU MUST FILE THE EXEMPTION WITHIN TEN (10) DAYS OF RECEIVING THIS LETTER.
IF THE EXEMPTION IS GRANTED, THE CASE WILL BE SET FOR A TRIAL DE NOVO.
YOU MAY HAVE THIS CASE TRANSFERRED TO THE REGULAR CIVIL COURT FOR TRIAL 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, CONTACT THE CLERK OF COURT'S OFFICE OR AN ATTORNEY IMMEDIATELY."
C.(1) If the properly addressed certified mail return receipt reply form is signed by the addressee or 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 addressee or 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 or defendant, then service is regarded as tendered and shall be considered as domiciliary service.
D. The facilitator shall request the parties to provide an electronic mail address at which the party is willing to receive service and notice of future proceedings. The facilitator shall advise the parties that once an electronic mail address is provided, all service and notice of future proceedings shall be sent electronically. Service via electronic mail shall constitute personal service.
E. If service of the affidavit of claim or other process is made pursuant to Paragraph (C)(2) of this Section, service of the notice of judgment shall be made as provided by law. If service of the affidavit of claim or other process is made pursuant to Paragraph (C)(3) of this Section service of the notice of judgment shall be made by the sheriff, marshal, or constable having jurisdiction.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.