reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:72. Rules; disposition of business; transcripts of appeal; taking cases under advisement for examination during vacation

RS 13:72 - Rules; disposition of business; transcripts of appeal; taking cases under advisement for examination during vacation
The supreme court for a better administration of justice, may establish and enforce rules necessary to secure the regular and expeditious disposition of its business, and the preparation of proper and correct transcripts of appeal. To prevent the accumulation of cases on the docket, the supreme court, during the latter portion of the annual sessions, may hear and take under advisement such number of cases as the judges of the court may be able to examine during the vacation, and render opinions therein at the opening of the following session, and may require such cases to be submitted on briefs.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:72.1. Declaration of state law to federal courts

RS 13:72.1 - Declaration of state law to federal courts
A. The supreme court of this state may, by rule of court, provide that when it shall appear to the Supreme Court of the United States, or to any court of appeals of the United States, that there are involved, in any proceeding before it, questions or propositions of the laws of this state, which are determinative of the said cause, and there is no clear controlling precedent in the decisions of the supreme court of this state, such federal appellate court may certify such questions or propositions of the laws of this state to the supreme court of this state for instructions concerning such questions or propositions of state law, which certificate the supreme court of this state may, by written opinion, answer.
B. The supreme court of this state is hereby authorized and empowered to collaborate with any and all other courts of last resort of other states and of the United States in the preparation and approval of uniform rules of court to make effective this and similar laws.
Added by Acts 1972, No. 84, §1; Acts 1997, No. 201, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:72.2. Authority of supreme court to appoint judges relative to drug matters

RS 13:72.2 - Authority of supreme court to appoint judges relative to drug matters
The supreme court of this state is hereby authorized and empowered, by rule of court, to provide with respect to the appointment, for periods not to exceed one year, of active and retired judges, and of attorneys, as ad hoc judges to preside over drug related criminal matters in those instances where sufficient funding for such purpose has been provided by federal, state, or local sources.
Acts 1991, No. 140, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:74. Crier for Supreme Court; salary

RS 13:74 - Crier for Supreme Court; salary
There shall be a crier for the supreme court, who shall be appointed by the judges of the supreme court, and be commissioned by the civil sheriff for the parish of Orleans as a deputy sheriff. The crier shall receive from the state treasury on his own warrant approved by the chief justice the sum of thirty-one hundred dollars, per annum, payable monthly.
Amended by Acts 1950, No. 477, §1; Acts 1952, No. 22, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:75. Retirement of crier of Supreme Court; vacancy, how filled

RS 13:75 - Retirement of crier of Supreme Court; vacancy, how filled
A. A crier of the Supreme Court of Louisiana may retire on two thirds pay when he shall have served continuously for a period of fifteen years immediately preceding the date of his retirement and shall have reached the age of eighty years.
B. Any crier retired under the provisions of this Section shall draw his retirement pay for the remainder of his life from the same source from which he has been compensated at the time he retired, the proportionate amount of pay as fixed herein based upon the salary received for the year preceding his retirement.
C. The legislature shall make the necessary provision in the general appropriation act to pay such retired crier and payment shall be made monthly on his own warrant, approved by the chief justice of the Louisiana Supreme Court.
D. Upon retiring, the crier shall notify the chief justice, the secretary of state, and the civil sheriff for the parish of Orleans, in writing, of the fact of his retirement, effective date thereof and his age on such date, showing the term of the continuous employment and the amount of salary received per annum prior to the date of his retirement.
E. The vacancy created by such retirement shall be filled by appointment by the judges of the Supreme Court of Louisiana.
Acts 1958, No. 323, §§1-5.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:76. Facsimile technology in state courts; uniform plan

RS 13:76 - Facsimile technology in state courts; uniform plan
The supreme court may provide for the development of a comprehensive and uniform plan for the use of facsimile technology by and in the courts of this state. In exercising this authority, the court may appoint advisory committees with members representing judges, clerks of court, practicing attorneys in civil and criminal law, law enforcement, researchers and other users of court records, and others whose expertise and experience will assist in the preparation of the plan. The court may provide for the implementation of the plan through recommended legislation.
Acts 1991, No. 531, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:81. Short title; legislative intent

RS 13:81 - Short title; legislative intent
A. This Part may be cited as the "Judicial Budget and Performance Accountability Act".
B.(1) It is the intent of this Part to encourage the judiciary to develop, implement, and maintain a budget and performance accountability system for those entities under the authority of the Judicial Budgetary Control Board. This system is intended to be based on ongoing strategic planning, the development of a management information system containing standard data elements and indicators, performance budgeting, performance reporting, and performance auditing.
(2) The legislature acknowledges that the development and implementation of the budget and performance accountability system is the responsibility of the judicial system acting under the supervisory and administrative authority of the supreme court. The legislature recognizes that the development of such a system will require the cooperation of elected judges, most of whose operating funding is provided by local governments. The legislature also recognizes that the development of such a system will require the cooperation of other elected officials, such as clerks of court and other judicial branch officers, who are not under the direct supervisory and administrative control of the supreme court and judicial system. Because of these complexities affecting the judicial branch, the legislature acknowledges that the development of the system will require time and good faith on the part of all parties. The legislature pledges its cooperation in assisting the supreme court to develop, implement, and maintain the budget and performance accountability system.
Acts 1999, No. 1176, §1, eff. July 9, 1999.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:82. Strategic planning

RS 13:82 - Strategic planning
A. The Judicial Budgetary Control Board or a judicial body to be designated by the supreme court shall develop on behalf of each level of court a strategic plan to be used as a guide to the ongoing and proposed activities of the judiciary for the next five years and as a basic framework for the annual judicial appropriation bill.
B. The initial strategic plan shall be completed no later than December 31, 1999, and shall contain information relevant to the following levels of court: the supreme court, the intermediate courts of appeal, and the district courts, including the family and juvenile courts. Thereafter, the strategic plan for the judiciary shall be revised and updated at least every three years and shall include information relevant to the supreme court, the intermediate appellate courts, the district courts, and the parish and city courts. The strategic plan shall, at a minimum, contain the following for each level of court:
(1) A mission statement.
(2) A statement of goals and objectives.
(3) A statement of each strategy that shall be used to attain each goal and objective.
(4) An identification of the potential external factors which are beyond the control of the judiciary and which could significantly affect the judiciary's attainment of its goals and objectives.
(5) Performance indicators for each objective which, to the extent possible, shall include indicators of input, output, outcome, and efficiency.
Acts 1999, No. 1176, §1, eff. July 9, 1999.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:83. Judicial appropriation bill; operational plans

RS 13:83 - Judicial appropriation bill; operational plans
A. The Judicial Budgetary Control Board shall refer to the judiciary's strategic plan for each level of court in the development of the judicial appropriation bill and its accompanying operational plan.
B. The judicial appropriation bill shall, at a minimum, contain:
(1) A line-item amount of funds requested for each component of the judiciary within each level of court requesting appropriated funds.
(2) A program description of each level of court and any other judicial entities identified by the Judicial Budgetary Control Board in its annual operating plan.
C. The Judicial Budgetary Control Board shall submit, together with the judicial appropriation bill as provided in R.S. 39:51(D), an operational plan which shall, to the maximum extent practicable, be consistent with the judiciary's strategic plan.
D. The operational plan shall include a current statement of the missions, goals, objectives, and performance indicators for each level of court. Additionally, the plan shall contain, at a minimum:
(1) A description of every new judicial program for which appropriated funds are requested.
(2) A description of every existing program requesting an increase greater than fifty percent of appropriated funds over the prior year's appropriation.
Acts 1999, No. 1176, §1, eff. July 9, 1999.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:84. Judicial performance program; reporting

RS 13:84 - Judicial performance program; reporting
A. The supreme court shall direct its judicial administrator to develop a performance accountability program and provide for regular reporting to the people of Louisiana.
B. The accountability program shall be comprised of the following information which will be presented in an annual report, as provided by Subsection C of this Section:
(1) A brief description of the strategies being pursued by courts to improve their performance based on the strategic plan.
(2) A detailed analysis of the supreme court's progress in creating a data-gathering system that will provide additional measures of performance.
(3) A description of the uniform reporting standards that will be used to guide the development of the data-gathering system.
(4) An analysis of the barriers confronted by the courts in establishing the data-gathering system.
C. Annually, the judicial administrator shall present a report on the accountability program entitled "The State of Judicial Performance in Louisiana" to the supreme court and the people of Louisiana. A copy of the report shall be made available to the governor, the speaker of the House of Representatives, and the president of the Senate and a reasonable number of copies shall be provided for public distribution.
Acts 1999, No. 1176, §1, eff. July 9, 1999.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:85. Judicial performance program auditing

RS 13:85 - Judicial performance program auditing
A. The judicial administrator shall be responsible for the execution of periodic performance audits of judicial programs for the various courts; however, at least one performance audit of a judicial program shall be performed each year. Such performance audits shall be conducted in accordance with accepted performance auditing principles and practices by an entity to be selected by the supreme court.
B. Performance audit reports shall be submitted to the supreme court for their review. A copy of each audit shall be made available to the governor, the speaker of the House of Representatives, and the president of the Senate and a reasonable number of copies shall be available for public distribution.
Acts 1999, No. 1176, §1, eff. July 9, 1999.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:86. Judicial College; education account; sources of funds

RS 13:86 - Judicial College; education account; sources of funds
A. In addition to any other filing fee or cost imposed or authorized by law, the clerk of the supreme court and each city, parish, juvenile, family, district, and appellate court shall impose and collect from each party liable for court costs the additional sum of fifty cents for the initial filing in all civil matters.
B. In addition to the costs provided for in Subsection A of this Section, a person convicted of a felony, a misdemeanor, or violating an ordinance of any local government, including a traffic felony, traffic misdemeanor, or a local traffic violation, shall be assessed an additional fifty cents as a special court cost. These costs shall be imposed by all courts, including mayor's courts and magistrate courts.
C. All funds collected pursuant to this Section shall be deposited into a special account and transmitted monthly to the Louisiana Supreme Court in the manner and form specified by the supreme court and shall be used to defray the costs associated with the general growth and program improvement strategies of the Judicial College. The supreme court shall conduct an annual audit of the books and accounts relating to the funds collected pursuant to this Section, and shall file the audit with the legislative auditor where it shall be available for public inspection.
Acts 2016, No. 131, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:101.1. Assignment of districts, vacancies, elections; redistricting

RS 13:101.1 - Assignment of districts, vacancies, elections; redistricting
A. Except as otherwise provided in Subsection D, each office of the justices serving on the supreme court on January 1, 1999, is assigned to the supreme court district provided for in R.S. 13:101 as follows:
(1) The office of the justice elected from the first supreme court district in 1998 is assigned to District 1.
(2) The office of the justice elected from the second supreme court district is assigned to District 2.
(3) The office of the justice elected from the third supreme court district is assigned to District 3.
(4) The office of the justice elected from the fourth supreme court district is assigned to District 4.
(5) The office of the justice elected from the fifth supreme court district is assigned to District 5.
(6) The office of the justice elected from the sixth supreme court district is assigned to District 6.
(7) The office of the justice elected from the first supreme court district in 1990 is assigned to District 7.
B. Except as provided in Subsection D, a vacancy in the office of a justice of the supreme court shall be filled for the remainder of the unexpired term from the district for which the vacancy occurs.
C. The successor to the office of justice of the supreme court shall be elected from the district assigned to that office in Subsection A. The election shall be from the district provided in R.S. 13:101.
D. When and if a vacancy occurs in the office of either justice of the first supreme court district prior to January 1, 1999, the special election to fill the vacancy shall be held in District 7. The successor to that office shall be elected from District 7 as provided in R.S. 13:101. The successor to the office of the other justice elected from the first supreme court district shall be elected from District 1.
E. The legislature may redistrict the supreme court following the year in which the population of this state is reported to the president of the United States for each decennial federal census.
Acts 1992, No. 512, §1, eff. June 22, 1992; Acts 1997, No. 776, §1, eff. Jan. 1, 1999.
NOTE: SEE ACTS 1997, NO. 776, §4 RELATIVE TO EFFECTIVE DATE OF ACT.
NOTE: SEE ACTS 1997, NO. 776, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:102. Salaries of chief justice and associate justices

RS 13:102 - Salaries of chief justice and associate justices
The salary of the chief justice and each associate justice of the supreme court shall be eighty-five thousand dollars per annum, payable monthly on his own warrant. However, the chief justice shall be entitled to a pay differential, in an amount not to exceed five percent, which amount shall be submitted with the judicial budget, to compensate for administrative duties of the position of chief justice.
Acts 1990, No. 271, §1, eff. July 1, 1990; Acts 1995, No. 1058, §1, eff. July 1, 1996.
{{NOTE: SEE ACTS 1990, NO. 271, §2, FOR PAY RAISE IMPLEMENTATION PROVISIONS.}}
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:103. Expenses of chief justice and associate justices of the supreme court; reimbursement

RS 13:103 - Expenses of chief justice and associate justices of the supreme court; reimbursement
The chief justice and each associate justice of the supreme court shall be reimbursed for reasonable housing and other expenses incurred while on official duty, payable out of the self-generated funds provided for in R.S. 13:124 in amounts not to exceed the amounts allocated under the authority of this Section as of May 1, 1989.
Acts 1990, No. 336, §1, eff. July 10, 1990.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:122. Salaries

RS 13:122 - Salaries
The clerk and five deputy clerks of the supreme court shall receive from the state annual salaries which shall be established by the supreme court, subject to appropriation of funds for such purpose.
Amended by Acts 1952, No. 23, §1; Acts 1956, No. 306, §1; Acts 1963, No. 4, §1; Acts 1966, No. 469, §1; Acts 1970, No. 307, §3; Acts 1973, No. 167, §1; Acts 1999, No. 994, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:124. Fees and charges; collection and disposition

RS 13:124 - Fees and charges; collection and disposition
That the filing fees and other charges as now authorized by law and presently paid to the clerk of said court shall be collected by said clerk. Out of said fund arising from said fees and charges the said clerk shall first pay the premiums on his fidelity bond, as herein provided, the balance being retained and may be expended for the purchase of stationery, books, furniture, equipment, and any other expenses necessary in the operation of the court and the clerk's office, including the salary of a stenographer to the clerk, salary to be fixed by the court, as directed by the court. The court, in its discretion, may expend any fee fund balance to defray the expense of employment benefits, including dental insurance.
Amended by Acts 1950, No. 334, §1; Acts 1952, No. 24, §1; Acts 1971, No. 143, §1; Acts 2004, No. 612, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:126. Fees chargeable

RS 13:126 - Fees chargeable
A. The clerk of the supreme court shall be entitled to receive the following fees:
(1) For every certificate of admission of any attorney or counselor at law, twenty-five dollars.
(2) In all civil cases and in all proceedings connected with civil cases, he shall be entitled to receive from the appellant or petitioner the sum of three hundred dollars per case.
(3) In cases to remove district judges, to disbar attorneys, and other original proceedings, the clerk is permitted to charge the same fees allowed clerks of the district courts for issuing petitions, citations, etc. Such fee shall be not less than the fee amount authorized in Paragraph (2) of this Subsection.
(4) For copies of records and documents not covered by the foregoing provisions, he is allowed to charge one dollar per page, plus a fee of five dollars for certifying any record or document.
(5) In all criminal cases and in all proceedings connected with criminal cases, and in all cases involving sentences imposed for the violation of municipal or parochial ordinances, the entire costs of the clerk of the supreme court shall be twenty-five dollars per case which shall be paid by the parish in which the cases or proceedings shall have originated, and in cases involving sentences imposed for the violation of ordinances, shall be paid by the parish or municipality, as the case may be, which shall have adopted the ordinance in contestation.
B. If other chargeable fees are established by court rule, the clerk of the supreme court shall be entitled to charge such fee amounts as the court may determine and adopt by rule.
Amended by Acts 1958, No. 55, §1; Acts 1976, No. 165, §1; Acts 1982, No. 573, §1, eff. July 22, 1982; Acts 1983, No. 3, §1; Acts 1985, No. 700, §1; Acts 1986, No. 104, §1; Acts 2013, No. 353, §1, eff. June 17, 2013.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:128. Retirement benefits for clerks of supreme court and courts of appeal

RS 13:128 - Retirement benefits for clerks of supreme court and courts of appeal
Clerks of the supreme court and the courts of appeal may participate in the benefits provided in R.S. 13:931 through 13:940 in accordance with the provisions of this Section, and in doing so, shall receive credit for any time heretofore served in any capacity in any state or parish court.
Any clerk of the supreme court or clerk of the court of appeal shall have a term of sixty days from July 30, 1952, to elect whether or not he wishes to be included in the provisions of R.S. 13:391 through 13:940; all new employees or persons given employment in said offices, whether as deputy or other employee after the enactment of this Section shall automatically participate in the benefits provided in R.S. 13:931 through 13:940 and shall be covered thereby. Deductions from salaries under this section shall begin sixty days after July 30, 1952.
Acts 1952, No. 533, §§2, 3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:311. Salaries

RS 13:311 - Salaries
The salary of each judge of the courts of appeal in this state shall be eighty thousand dollars per annum, payable monthly on his own warrant. However, the chief judges of the courts of appeal shall be entitled to a pay differential, in an amount not to exceed five percent, which amount shall be included in the judicial budget, to compensate for administrative duties of the position of chief judge.
Acts 1990, No. 271, §1, eff. July 1, 1990; Acts 1995, No. 1058, §1, eff. July 1, 1996.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:312.2. Additional judges for the first circuit; term; election; compensation

RS 13:312.2 - Additional judges for the first circuit; term; election; compensation
A. There are hereby established three additional offices of judges for the court of appeal of the first circuit, to increase the number of judges for the court of appeal for said circuit from six to nine judges.
B. One additional judge shall be elected from each of the districts of the circuit by the qualified electors of each district, respectively. The initial term of office of each of the additional judges shall begin on March 1, 1976 and shall expire on December 31, 1984.
C. The first judges to be elected to the three additional offices shall be elected at a special election as provided by Article V, Section 22 of the constitution. If the governor calls the special election to coincide with the state general election for state officers to be held in 1976, any candidate for the additional offices of judges shall be nominated at the primary elections held for state officers to be elected at the state general election.
D. The successors to the additional offices of judges herein provided, after the initial term of office, shall be elected for terms of ten years.
E. The additional judges shall receive the same compensation, expenses and emoluments of office as are now or hereafter provided by law for judges of the court of appeal for the first circuit.
Added by Acts 1975, No. 114, §1, operative Aug. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:312.3. Additional judges for the third circuit; term; election; compensation

RS 13:312.3 - Additional judges for the third circuit; term; election; compensation
A. There are hereby established three additional offices of judges for the Court of Appeal for the Third Circuit, to increase the number of judges for the court of appeal for said circuit from six to nine judges.
B. One additional judge shall be elected from each of the three districts of the circuit by the qualified electors of each district, respectively. The initial term of office of each of the additional judges shall begin on January 1, 1979. The initial term of office for the newly elected judge of the first district of the third circuit shall expire on December 31, 1986. The initial term of office for the newly elected judge of the second district of the third circuit shall expire on December 31, 1982. The initial term of office for the newly elected judge of the third district of the third circuit shall expire on December 31, 1984.
C. The first judges to be elected to the three additional offices shall be elected at a special election as provided by Article V, Section 22 of the Constitution.
D. The successors to the additional offices of judges herein provided, after the initial terms of office, shall be elected for terms of ten years.
E. The additional judges shall receive the same compensation, expenses and emoluments of office as are now or hereafter provided by law for judges of the Court of Appeal for the Third Circuit.
Added by Acts 1977, No. 620, §1, eff. June 1, 1978.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:312.4. Fourth circuit; temporary additional judgeship; election; composition

RS 13:312.4 - Fourth circuit; temporary additional judgeship; election; composition
A. There is hereby established an additional judgeship for the Court of Appeal for the Fourth Circuit, to temporarily increase the number of judges for the court of appeal for the circuit to thirteen judges.
B. The judge provided for in Subsection A shall be elected from the first district of the fourth circuit by the qualified voters of that district in 1992. The election for a term to expire in accordance with the provisions of Subsection D of this Section shall be held on the date of the congressional primary election, October 3, 1992, and, if necessary, a runoff election shall be held on November 3, 1992. The term of office of the judge shall commence on January 1, 1993.
C. Pursuant to Article V, Section 5(A) of the Constitution of Louisiana, the judge provided for in Subsection A shall be immediately assigned to the Louisiana Supreme Court. While assigned to the supreme court, the judge shall participate and share equally in the cases and duties of the justices of the supreme court during the period of the assignment. Further, the judge shall receive the same compensation, benefits, expenses, and emoluments of office as are now or as may hereafter be provided by law for justices of the Louisiana Supreme Court.
D. The judgeship provided for in Subsection A shall expire automatically on the date that a justice of the supreme court takes office after being elected in a special election called for the office of justice of the supreme court which is held in District 7, as provided in R.S. 13:101.1(D) or from the date that a justice takes office after being elected in the regular supreme court election held in the year 2000 from District 7, whichever occurs first.
Acts 1992, No. 512, §1, eff. June 22, 1992; Acts 1997, No. 776, §1, eff. Jan. 1, 1999.
NOTE: SEE ACTS 1997, NO. 776, §2.
NOTE: SEE ACTS 1997, NO. 776, §4 RELATIVE TO EFFECTIVE DATE OF ACT.
NOTE: SEE ACTS 1997, NO. 776, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:312.5. Fourth Circuit Court of Appeal; fees

RS 13:312.5 - Fourth Circuit Court of Appeal; fees
The Fourth Circuit Court of Appeal may charge a filing fee not to exceed fifty dollars for a civil motion not otherwise subject to any other fee. The fee amounts collected shall be used to defray operational and maintenance expenses of the court.
Acts 2014, No. 720, §1, eff. June 18, 2014.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:313. Expenses of judges of courts of appeal; reimbursement

RS 13:313 - Expenses of judges of courts of appeal; reimbursement
Judges of courts of appeal shall be reimbursed for reasonable expenses incurred while absent from their respective parishes of residence on official duty, and provision for payment of such expenses shall be included by the legislature in the general expense appropriation of the respective courts of appeal.
Amended by Acts 1960, No. 36, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:314. Future construction of references to court of appeal for the parish of Orleans, and to courts of appeal, first and second circuits

RS 13:314 - Future construction of references to court of appeal for the parish of Orleans, and to courts of appeal, first and second circuits
When any code or statutory provision heretofore adopted refers to the court of appeal for the parish of Orleans, it shall be construed hereafter to refer to the court of appeal for the fourth circuit.
When any code or statutory provision heretofore adopted refers to the courts of appeal for the first and second circuits, it shall be construed hereafter to refer to the courts of appeal for the first, second, and third circuits.
Added by Acts 1960, No. 36, §2.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:315. §§315 to 318 Repealed by Acts 1975, No. 114, §4, eff. Aug. 1, 1975

RS 13:315 - §§315 to 318 Repealed by Acts 1975, No. 114, §4, eff. Aug. 1, 1975
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:319. Assignment and allotment of cases

RS 13:319 - Assignment and allotment of cases
Each civil and criminal appeal and each application for writs shall be randomly assigned by the clerk, subject to the direct supervision of the court.
Added by Acts 1994, 3rd Ex. Sess., No. 137, §1; Acts 2018, No. 658, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:321. Divisions of the districts of the courts of appeal

RS 13:321 - Divisions of the districts of the courts of appeal
A. For the purpose of nomination and election only, there shall be separate and distinct divisions within each district of the various courts of appeal.
For the purposes of this Section, the word "district" shall include not only those districts provided for in R.S. 13:312, but also, any combination of those districts with regard to those judgeships to be filled by election at large throughout the said combination, and any court of appeal circuit with regard to those judgeships to be filled by election from the circuit at large.
B. The divisions provided for in Subsection A of this Section shall be designated alphabetically as division "A", division "B", division "C", etc. The judge senior in point of continuous service shall preside over division A, and the other judges of the district shall occupy the other designated divisions according to their respective periods of continuous service. In the event two or more judges in a district shall have served continuously the same length of time the judge senior in age shall occupy the division first in alphabetical order of the divisions in question.
C. A candidate for nomination and election to a judgeship of any such court of appeal, at the time of filing his declaration as a candidate therefor, shall designate only one division of the district of the court for the judgeship for which he is a candidate. All nominating and election officials and other persons provided for by law shall provide for the execution of this Section.
D. The divisions of the districts of the courts of appeal shall be determined on July 31, 1981 in accordance with the provisions of this Section. Thereafter, the establishment of any additional court of appeal judgeship shall automatically operate to create an additional division within the district wherein the additional judgeship is established. The additional divisions shall be given alphabetical designation in the order of their establishment. The successor to any judge in a district shall occupy the same division as his predecessor.
E. Notwithstanding any provisions of this Section to the contrary, those judges of the court of appeal of the first circuit holding office on July 31, 1981 shall continue to occupy their respective divisions in accordance with Act 305 of the 1975 Regular Session of the Legislature. After July 31, 1981 additional divisions shall be created in accordance with the provisions of this Section.
Added by Acts 1975, No. 305, §1, operative Aug. 1, 1975. Amended by Acts 1981, No. 3, §3, eff. June 2, 1981.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:351. Salaries, oaths of office, bonds

RS 13:351 - Salaries, oaths of office, bonds
A. The clerk, chief deputy clerk, and deputies of each court of appeal shall receive from the state an annual salary which shall be established by their respective court in accordance with the General Appropriations Act.
B. Each of these officers shall take the constitutional oath of office and shall furnish bond in favor of the state in the sum of ten thousand dollars, conditioned upon the faithful performance of his duties. The surety on these bonds shall be a surety company authorized to do business in this state.
Amended by Acts 1950, No. 168, §1; Acts 1952, No. 63, §1; Acts 1960, No. 36, §1; Acts 1965, No. 76, §1; Acts 1966, No. 386, §1; Acts 1970, No. 307, §3; Acts 1975, No. 537, §1; Acts 1978, No. 323, §1; Acts 1979, No. 236, §2, eff. Sept. 1, 1979; Acts 1980, No. 169, §1, eff. Sept. 1, 1980. Acts 1981, No. 636, §1, eff. Sept. 1, 1981; Acts 1982, No. 821, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:353. Clerks; sheriff; superintendent of police

RS 13:353 - Clerks; sheriff; superintendent of police
A. The courts of appeal shall appoint their respective clerks and deputies, who shall serve at the pleasure of the court.
B. The sheriff of the respective parishes in which the courts of appeal for the first, second, third, and fifth circuits are domiciled, or one of his deputies, shall attend each session of the court to execute the orders of the court.
C. The superintendent of police of the city in which the Fourth Circuit Court of Appeal is domiciled, or one of his deputies, shall execute the orders of the court when said court is actually sitting in open court.
D. The clerk of each court of appeal shall be assisted by a chief deputy clerk and a reasonable number of deputy clerks as needed for the efficient operation of the court.
Added by Acts 1975, No. 53, §1. Amended by Acts 1976, No. 213, §1; Acts 1980, No. 661, §1, eff. July 1, 1982; Acts 1981, No. 3, §1, eff. May 1, 1982; Acts 1981, No. 869, §1, eff. July 1, 1983; Acts 1982, No. 821, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:381. Fourth circuit, court of appeal; salary

RS 13:381 - Fourth circuit, court of appeal; salary
There shall be a crier for the court of appeal, fourth circuit, who shall be appointed by the judges of the court of appeal, fourth circuit, and be commissioned by the civil sheriff for the parish of Orleans as a deputy sheriff, and may receive a salary of forty-eight hundred dollars, per annum, payable monthly by the city of New Orleans, within the discretion of the city council.
Amended by Acts 1962, No. 416, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:391. Law clerks, stenographers, clerks, and other help

RS 13:391 - Law clerks, stenographers, clerks, and other help
The judges of each court of appeal may appoint law clerks, stenographers, clerks, and other help necessary for the proper operation of their respective courts and shall fix their compensation.
Amended by Acts 1960, No. 36, §1; Acts 1982, No. 109, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:392. Payment of expenses

RS 13:392 - Payment of expenses
A. The presiding judge of each of the courts of appeal, or any one of the judges, by the direction of the court, may draw a monthly warrant on the state for one-twelfth of the amount of the annual appropriation as made by the legislature for the expense of operation and maintenance of the court.
B. Title to all furniture and equipment purchased pursuant to the provisions of this Section shall vest in the purchasing court. Furniture and equipment shall be purchased by the presiding judge, or any judge, by direction of the court in accordance with purchasing policies of the Judicial Budgetary Control Board upon presentation of itemized statements from judges setting forth in detail the furniture and equipment desired to be purchased.
C. Notwithstanding the provisions of Part XI of Chapter 1 of Title 39 of the Louisiana Revised Statutes of 1950, upon termination of office, each judge having possession of equipment or furniture purchased with the fees provided in this Section may purchase such property with nonpublic funds at a cost of the standard depreciated value of the property. The presiding judge, or any judge, by direction of the court, is authorized to complete such sale and the proceeds of the sales are to be retained by the court in the generated revenue account and expended as provided for in R.S. 13:352.
D. The provisions of this Section shall apply to all furniture and equipment in the possession of the courts of appeal regardless of the date of acquisition.
Amended by Acts 1960, No. 36, §1; Acts 2012, No. 815, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:471. Scope of Chapter 4

RS 13:471 - Scope of Chapter 4
The provisions of R.S. 13:472 through 13:967 inclusive shall not apply to the district courts of Orleans parish, except as provided in Title 13, Chapter 5.
Acts 2006, No. 621, §2, eff. Jan. 1, 2009; Acts 2008, No. 873, §1, eff. July 9, 2008; Acts 2012, No. 474, §5(A).
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:474. Registry of the district court; designation

RS 13:474 - Registry of the district court; designation
The district judges shall designate in each of the parishes in their respective judicial districts, the fiscal agent of each parish in his district, the parish of Orleans excepted, as a depository of any and all monies, stocks, bonds, notes, deeds, contracts or documents of any nature belonging to minors, interdicts, absentees or persons unknown, when, for any purpose, and for the benefit of such person or persons it is desired to keep such property safely. The bank so designated as the fiscal agent shall be known as the registry of the court in and for the parish and district concerned.
Acts 2006, No. 621, §2, eff. Jan. 1, 2009; Acts 2012, No. 474, §5(A).
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:475. Same; record of registry of court

RS 13:475 - Same; record of registry of court
A. The clerk of court shall keep in the clerk's office of each parish, a book substantially bound and known as record of the registry of the court in and for the parish and district concerned. There shall be recorded therein and properly indexed every order or judgment granted by a court of competent jurisdiction, either ordering a deposit into the registry of the court or the withdrawal therefrom of any deposit made, or other order concerning same. Each order shall be filed properly in the records of the clerk of court.
B. For maintaining the record of registry of the court, each clerk for the district court may charge a fee of one percent of the interest earned on all deposits into the registry, which fee shall be deposited into the clerk's fee fund each month. The clerk shall not charge any fee on any deposit of funds into the registry of court when a parish is asserting a claim to the funds on deposit. In the event the parish governing authority does not prevail in the suit, then the clerk of court may deduct from the fund a sum equal to one percent per annum on the interest earned on the deposited funds.
Acts 1991, No. 115, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:476. Same; deposit made in registry of court; manner of making; receipt; withdrawal

RS 13:476 - Same; deposit made in registry of court; manner of making; receipt; withdrawal
Whenever under a judgment or order of the district judge, or by a court of superior jurisdiction, any of the things set forth in R.S. 13:474 as belonging to minors, interdicts, absentees or persons unknown is to be deposited for safe-keeping, the deposit shall be made in the registry of the court for the parish and district in which the issue or litigation or circumstances arose out of which the deposit became necessary. The deposit shall be made by the clerk of court in the manner directed by the judge of the district, or by the court of superior jurisdiction, accompanied by a certified copy of the order or judgment. He shall require a receipt for the deposit, and he shall file and make due recordation of the deposit in the record of the registry of the court. The deposit when made shall be withdrawn only in accordance with the provisions of the order or judgment of the court having jurisdiction. The delivery when made by the registry of the court under an order or judgment of a judge of the district or by a court of superior jurisdiction shall be a full discharge of all further liabilities on the part of the registry of the court. Duplicate receipts of delivery shall be required and a copy thereof delivered to the clerk of court and inscribed in the record of the registry of the court.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:502. Alternate sittings in different parishes; order fixing dates

RS 13:502 - Alternate sittings in different parishes; order fixing dates
A. In districts composed of more than one parish the judge shall sit alternately in each parish and the session from one parish to the other, shall be continuous. No session in any parish of a district shall be fixed for less than one week or more than three weeks, as the public business may require. The district judge shall fix a date for the holding of the sessions in each parish by an order of court which shall be entered in the minutes of the court and published at least three times in the official journal of each parish. After the date is fixed, no change shall be made in the order within less than one year thereafter.
B. Sessions of the Twenty-Third Judicial District Court held in Ascension Parish may be held in Gonzales as well as in Donaldsonville.
Amended by Acts 1978, No. 152, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:503. Court always open

RS 13:503 - Court always open
Article 7, §43 of the constitution means that district courts shall be open always and the proceedings shall be deemed held in open court, while the judge is on the bench. The fixing of sessions in districts composed of more than one parish shall not affect the authority or duty of the judge to sit at any time in any of the parishes of his district when the public interest may require it.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:583. Presiding judges of divisions

RS 13:583 - Presiding judges of divisions
The divisions provided in R.S. 13:582 shall be designated alphabetically as division "A," division "B," division "C," etc., and the presiding judges thereof shall be determined on July 31, 1946, in accordance with the following rules. The judge senior in point of continuous service shall preside over division "A," and the other judges of the district shall preside over the other designated divisions according to their respective periods of continuous service. In the event two or more judges in a district shall have served continuously the same length of time, the judge senior in age shall preside over the division first in alphabetical order of the divisions in question. Any additional divisions created after July 31, 1946, shall be given alphabetical designation in the order of their creation. The successor to any judge in a district shall preside over the same division as his predecessor.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:584. Candidate shall designate for which division he is a candidate

RS 13:584 - Candidate shall designate for which division he is a candidate
A candidate for nomination and election to the judgeship of any such district court, at the time of filing his declaration as a candidate therefor, shall designate only one division of the court for the presiding judgeship of which he is a candidate.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:585. Nomination and election held under the primary and general election laws

RS 13:585 - Nomination and election held under the primary and general election laws
Any nomination and election of candidates for office of district judgeship shall be held and conducted in accordance with and under the primary and general election laws of this state. All nominating and election officials and other persons provided for by said laws, shall provide for the execution of the provisions of R.S. 13:582 through 13:584.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:586. Absence of district judge; authority of judge of adjoining district

RS 13:586 - Absence of district judge; authority of judge of adjoining district
When it is proved that all the judges of any judicial district are absent from their judicial district, or are otherwise unable to act, any district judge of an adjoining judicial district may grant any orders that the absent or incapacitated judges could grant, if present.
Added by Acts 1952, No. 134, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:587. Juvenile and Domestic Relations Division

RS 13:587 - Juvenile and Domestic Relations Division
A. The judges of the Fourteenth Judicial District Court may, by rule adopted by a majority vote of the judges sitting en banc, designate and assign to one or more divisions of the court any or all types of juvenile matters of which the court has jurisdiction and any or all types of domestic relations matters of which the court has jurisdiction.
B. The authority conferred by this Section shall not prohibit the assignment by a majority vote of the court en banc of other matters to a designated division to which it assigns juvenile or domestic relations matters, nor the assignment of any juvenile or domestic relation matters to any other division of the court.
Acts 1984, No. 373, §1, eff. July 6, 1984; Acts 1999, No. 655, §1.