reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Civil Procedure › Art. 4641. Sale of interest of minor or interdict to effect partition

CHAPTER 3. PARTITION WHEN CO-OWNER A
MINOR OR INTERDICT
Art. 4641. Sale of interest of minor or interdict to effect partition
A. The undivided interest of a minor or interdict in property owned in common with others may be sold to effect a partition, as provided in Articles 4301 through 4304, 4321 through 4323, 4341, 4342, and 4566.
B. The interest of the minor or interdict in the property may be purchased by a co-owner.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4642. Partition in kind, dispensing with drawing of lots when authorized by court

Art. 4642. Partition in kind, dispensing with drawing of lots when authorized by court
A. Property may be divided in kind without the necessity of drawing lots therefor when all of the co-owners who are competent agree to the proposed partition, and the court has authorized it on behalf of the incompetent co-owner, as provided in Articles 4271 and 4566.
B. In such event there is no necessity for a judicial partition, and the division of the property may be made by agreement of the co-owners, with the legal representative of an incompetent co-owner executing the act of partition in behalf of the incompetent whom he represents.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4643. Appointment of attorney for incompetent when interests conflict

Art. 4643. Appointment of attorney for incompetent when interests conflict
A. In any partition of property, whether in kind, by licitation, or by private sale, and whether judicial or conventional, of which an incompetent is a co-owner, and the interests of the incompetent conflict with those of his legal representative, undertutor, or undercurator, as the case may be, the court shall appoint an attorney at law to represent and act for the incompetent in the partition. If two or more incompetent co-owners whose interests conflict have the same legal representative, undertutor, or undercurator, the court shall appoint an attorney at law to represent and act for each of these incompetents in the partition.
B. For the purposes of the partition, the attorney at law so appointed shall act in lieu of, and has all of the power and authority of, the legal representative, undertutor, or undercurator referred to in Paragraph A of this Article.
Added by Acts 1962, No. 92, §6; Acts 2020, No. 281, §2, eff. June 11, 2020.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4652. Claimants who may be impleaded

Art. 4652. Claimants who may be impleaded
Persons having competing or conflicting claims may be impleaded in a concursus proceeding even though the person against whom the claims are asserted denies liability in whole or in part to any or all of the claimants, and whether or not their claims, or the titles on which the claims depend, have a common origin, or are identical or independent of each other.
No claimant may be impleaded in a concursus proceeding whose claim has been prosecuted to judgment. No person claiming damages for wrongful death or for physical injuries may be impleaded in a concursus proceeding, except by a casualty insurer which admits liability for the full amount of the insurance coverage, and has deposited this sum into the registry of the court.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4653. Parish where proceeding brought

Art. 4653. Parish where proceeding brought
A. Except as provided in the second paragraph of this article, a concursus proceeding may be brought in any parish of proper venue, under Article 42 only, as to any claimant impleaded therein.
B. If the competing or conflicting claims are for money due or claimed to be due on account of, or otherwise involve, any sale, lease, or other transaction affecting or pertaining to immovable property or any character of interest therein, the proceeding shall be brought in the parish where the immovable property or any part thereof is situated.
Acts 1989, No. 117, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4656. Each defendant both plaintiff and defendant; no responsive pleadings to answer; no default required

Art. 4656. Each defendant both plaintiff and defendant; no responsive pleadings to answer; no default required
Each defendant in a concursus proceeding is considered as being both a plaintiff and a defendant with respect to all other parties. No exceptions or responsive pleadings may be filed to the answer of a defendant, and every fact alleged therein is considered as denied or avoided by effect of law as to all other parties. If a defendant fails to answer, issue need not be joined by default.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4657. Failure of defendant to answer timely

Art. 4657. Failure of defendant to answer timely
If a defendant fails to answer within the delay allowed by law, any party may move for an ex parte order of court limiting the time in which an answer may be filed in the proceeding. In such event, the court shall order all defendants who have not answered to file their answers within a further delay to be assigned by the court, not exceeding ten days from the service or publication of the order.
If not more than five defendants have failed to answer timely, a copy of this order of court shall be served on each. If more than five defendants have failed to answer timely, a notice of the order of court limiting the delay for answering shall be published once in the parish in which the proceeding was filed, in the manner provided by law.
The failure of a defendant to file an answer within the delay as extended by the court precludes him thereafter from filing an answer, or from asserting his claim against the plaintiff.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4657.1. Notice to attorney general when the state is a defendant

Art. 4657.1. Notice to attorney general when the state is a defendant
A. Notwithstanding any other provision of law to the contrary, prior to the taking of a final judgment in any concursus in which one of the defendants is the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities, the notice of the order of court limiting the delay for answer, together with a copy of the petition or other demand, shall be sent by the party moving for the order to the attorney general by registered or certified mail or shall be served by the sheriff personally upon the attorney general or the first assistant attorney general at the office of the attorney general.
B. If the order of court is served on the attorney general by mail, the person mailing such items shall execute and file in the record an affidavit stating that these items have been enclosed in an envelope properly addressed to the attorney general with sufficient postage affixed, and stating the date on which such envelope was deposited in the United States mails. In addition, the return receipt shall be attached to the affidavit which was filed in the record.
C. If no answer is filed within fifteen days immediately following the date on which the attorney general or the first assistant attorney general received notice of the order to answer as provided herein, a judgment may be entered in the concursus proceeding as provided by law.
Acts 1986, No. 480, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4658. Deposit of money into registry of court

Art. 4658. Deposit of money into registry of court
With leave of court, the plaintiff may deposit into the registry of the court money which is claimed by the defendants, and which plaintiff admits is due one or more of the defendants.
When sums of money due one or more of the defendants accrue from time to time in the hands of the plaintiff after the institution of the proceeding, with leave of court he may deposit the money as it accrues into the registry of the court.
After the deposit of money into the registry of the court, the plaintiff is relieved of all liability to all of the defendants for the money so deposited.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4659. Costs

Art. 4659. Costs
When money has been deposited into the registry of the court by the plaintiff, neither he nor any other party shall be required to pay any of the costs of the proceeding as they accrue, but these shall be deducted from the money on deposit. The court may award the successful claimant judgment for the costs of the proceeding which have been deducted from the money on deposit, or any portion thereof, against any other claimant who contested his right thereto, as in its judgment may be considered equitable.
In all other instances, the court may render judgment for costs as it considers equitable.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4661. Applicability of articles to proceedings under certain special statutes

Art. 4661. Applicability of articles to proceedings under certain special statutes
Articles 4651 through 4658, and 4662, apply to a concursus proceeding instituted under R.S. 9:4841 or R.S. 38:2243.
Articles 4651 through 4658, 4660, and 4662 apply to a proceeding instituted under R.S. 10:7-603.
Article 4660 does not apply to a proceeding brought under R.S. 9:4841 or R.S. 38:2243. Article 4659 does not apply to any proceeding brought under any of the statutes referred to in this article.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4701. Termination of lease; notice to vacate; waiver of notice

TITLE XI
EVICTION OF TENANTS AND OCCUPANTS
CHAPTER 1. GENERAL DISPOSITIONS
Art. 4701. Termination of lease; notice to vacate; waiver of notice
When a lessee's right of occupancy has ceased because of the termination of the lease by expiration of its term, action by the lessor, nonpayment of rent, or for any other reason, and the lessor wishes to obtain possession of the premises, the lessor or his agent shall cause written notice to vacate the premises to be delivered to the lessee. The notice shall allow the lessee not less than five days from the date of its delivery to vacate the leased premises.
If the lease has no definite term, the notice required by law for its termination shall be considered as a notice to vacate under this Article. If the lease has a definite term, notice to vacate may be given not more than thirty days before the expiration of the term.
A lessee may waive the notice requirements of this Article by written waiver contained in the lease, in which case, upon termination of the lessee's right of occupancy for any reason, the lessor or his agent may immediately institute eviction proceedings in accordance with Chapter 2 of Title XI of the Louisiana Code of Civil Procedure.
Amended by Acts 1981, No. 713, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4702. Notice to occupant other than tenant to vacate

Art. 4702. Notice to occupant other than tenant to vacate
When an owner of immovable property wishes to evict the occupant therefrom, after the purpose of the occupancy has ceased, the owner or his agent, shall first cause a written notice to vacate the property to be delivered to the occupant.
This notice shall allow the occupant five days from its delivery to vacate the premises.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4703. Delivery or service when premises abandoned or closed, or whereabouts of tenant or occupant unknown

Art. 4703. Delivery or service when premises abandoned or closed, or whereabouts of tenant or occupant unknown
If the premises are abandoned or closed, or if the whereabouts of the lessee or occupant is unknown, all notices, process, pleadings, and orders required to be delivered or served on the lessee or occupant under this Title may be attached to a door of the premises, and this shall have the same effect as delivery to, or personal service on, the lessee or occupant.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4704. Definitions

Art. 4704. Definitions
Unless the context clearly indicates otherwise, as used in this Title the following terms have the following meanings:
"Lease" means any oral or written lease, and includes a sublease;
"Lessee" includes a sublessee, whether the person seeking to evict is a lessor or sublessor; and an assignee of a lessee;
"Lessor" includes a sublessor, assignee, or transferee;
"Occupant" includes a sharecropper; half hand; day laborer; former owner; and any person occupying immovable property by permission or accommodation of the owner, former owner, or another occupant, except a mineral lessee, owner of a mineral servitude, or a lessee of the owner;
"Owner" includes a lessee; and
"Premises" includes the land and all buildings and improvements thereon leased by a tenant, or possessed by an occupant.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4705. Lessors' rights or real actions not affected

Art. 4705. Lessors' rights or real actions not affected
Nothing in this Title shall be construed to deprive any lessor of any remedy heretofore allowed him either for the payment of rent due to him or for the seizure of any furniture found on the leased premises; and nothing in this Title shall be construed to conflict with the provisions of Articles 3651 through 3664.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4731. Rule to show cause why possession should not be delivered; abandonment of premises; federally declared disasters

CHAPTER 2. PROCEDURE
Art. 4731. Rule to show cause why possession should not be delivered; abandonment of premises; federally declared disasters
A. If the lessee or occupant fails to comply with the notice to vacate required under this Title, or if the lessee has waived his right to notice to vacate by written waiver contained in the lease, and has lost his right of occupancy for any reason, the lessor or owner, or agent thereof, may cause the lessee or occupant to be cited summarily by a court of competent jurisdiction to show cause why he should not be ordered to deliver possession of the premises to the lessor or owner. The rule to show cause shall state the grounds upon which eviction is sought.
B. After the required notice has been given, the lessor or owner, or agent thereof, may lawfully take possession of the premises without further judicial process, upon a reasonable belief that the lessee or occupant has abandoned the premises. Indicia of abandonment include a cessation of business activity or residential occupancy, returning keys to the premises, and removal of equipment, furnishings, or other movables from the premises.
C.(1) In parishes subject to a federal disaster declaration, cessation of residential occupancy shall not be deemed evidence of abandonment pursuant to Paragraph B of this Article for thirty days following the initial declaration of a federally declared disaster.
(2) Failure of the lessor to comply with this Article shall give a residential lessee the right to recover five hundred dollars or twice the amount of the monthly rent, whichever is greater, from the lessor or owner, or from the lessor's successor in interest. A residential lessee may obtain a restraining order or a preliminary injunction to enforce the provisions of this Article.
(3) The court may award costs and attorney fees to the prevailing party for actions brought pursuant to this Article.
(4) In parishes subject to a federally declared disaster, a court shall not require a residential lessee bringing an action for a temporary restraining order or preliminary injunction under this Article to furnish security as required by Article 3610 for the thirty days following the initial declaration of a federally declared disaster.
(5) Nothing in this Paragraph shall preempt the rights afforded to a lessor in Civil Code Article 2693.
Amended by Acts 1981, No. 713, §1; Acts 1991, No. 684, §1; Acts 2022, No. 442, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4732. Trial of rule; judgment of eviction

Art. 4732. Trial of rule; judgment of eviction
A. The court shall make the rule returnable not earlier than the third day after service thereof, at which time the court shall try the rule and hear any defense which is made.
B. If the court finds the lessor or owner entitled to the relief sought, or if the lessee or occupant fails to answer or to appear at the trial, the court shall render immediately a judgment of eviction ordering the lessee or occupant to deliver possession of the premises to the lessor or owner. The judgment of eviction shall be effective for not less than ninety days.
Acts 2001, No. 24, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4733. Warrant for possession if judgment of eviction not complied with

Art. 4733. Warrant for possession if judgment of eviction not complied with
If the lessee or occupant does not comply with the judgment of eviction within twenty-four hours after its rendition, the court shall issue immediately a warrant directed to and commanding its sheriff, constable, or marshal to deliver possession of the premises to the lessor or owner.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4734. Execution of warrant

Art. 4734. Execution of warrant
The sheriff, constable, or marshal shall execute a warrant rendered under Article 4733 in the presence of two witnesses, by clearing the premises of any property therein, in order to put the lessor or owner in possession of the premises.
If the sheriff, constable, or marshal finds the windows, doors, or gates of the premises locked or barred, he shall break open any of these when necessary to effect convenient entry into the premises.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4735. Appeal; bond

Art. 4735. Appeal; bond
An appeal does not suspend execution of a judgment of eviction unless the defendant has answered the rule under oath, pleading an affirmative defense entitling him to retain possession of the premises, and the appeal has been applied for and the appeal bond filed within twenty-four hours after the rendition of the judgment of eviction. The amount of the suspensive appeal bond shall be determined by the court in an amount sufficient to protect the appellee against all such damage as he may sustain as a result of the appeal.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4831. Applicability of Book VIII

BOOK VIII
TRIAL COURTS OF LIMITED JURISDICTION
TITLE I
GENERAL DISPOSITIONS
CHAPTER 1. APPLICABILITY: COURTS OF
LIMITED JURISDICTION
Art. 4831. Applicability of Book VIII
The provisions of this Book apply only to suits in trial courts of limited jurisdiction and to suits in the district courts within their jurisdiction concurrent with that of justices of the peace. Except as otherwise provided in this Book, civil proceedings in a trial court of limited jurisdiction, and the enforcement of judgments rendered therein, shall be governed as far as practicable by the other provisions of this Code.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4841. Subject matter jurisdiction

CHAPTER 2. CIVIL JURISDICTION
SECTION 1. PARISH COURTS AND CITY COURTS
Art. 4841. Subject matter jurisdiction
A. The subject matter jurisdiction of parish courts and city courts is limited by the amount in dispute and by the nature of the proceeding, as provided in this Chapter.
B. For the purposes of this Chapter, the amount in dispute is determined by the amount demanded, including damages pursuant to Civil Code Articles 2315.3 and 2315.4, or value asserted in good faith by the plaintiff, but does not include interest, court costs, attorney fees, or penalties, whether provided by agreement or by law.
C. If the demand asserted in an amended or supplemental pleading exceeds the jurisdiction of the court, the court shall transfer the action to a court of proper jurisdiction.
Acts 1986, No. 156, §1; Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1995, No. 409, §1; Acts 2012, No. 502, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4842. Parish court jurisdiction; amount in dispute; injunctive actions by a political subdivision

Art. 4842. Parish court jurisdiction; amount in dispute; injunctive actions by a political subdivision
A. Except as otherwise provided by law, the civil jurisdiction of a parish court is concurrent with the district court in cases where the amount in dispute, or the value of the property involved, does not exceed twenty thousand dollars.
B. The civil jurisdiction of a parish court is concurrent with the district court in cases or proceedings instituted by the state, a parish, a municipality, or other political subdivision of the state for injunctive relief or other civil relief for the cessation or abatement of any acts or practices which may violate any parish or municipal ordinance or any state law. In such case, the court shall have jurisdiction irrespective of the amount in dispute or the value of the property involved.
Acts 1986, No. 152, §2, eff. June 28, 1986; Acts 1986, No. 1038, §1; Acts 1987, No. 448, §2, eff. July 9, 1987; Acts 1992, No. 939, §1; Acts 1995, No. 204, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4844. Amount in dispute; eviction proceedings

Art. 4844. Amount in dispute; eviction proceedings
A. Except as otherwise provided in this Article, a parish court or city court shall have jurisdiction, concurrent with the district court, over suits by owners and landlords for the possession of leased premises as follows:
(1) When the lease is by the day and the daily rental is one hundred fifty dollars or less.
(2) When the lease is by the week and the weekly rental is five hundred dollars or less.
(3) When the lease is by the month and the monthly rental is three thousand dollars or less.
(4) When the lease is by the year and the annual rental is thirty-six thousand dollars or less.
(5) When the suit is to evict an occupant as defined by Article 4704, if the annual value of the right of occupancy does not exceed the amount in dispute to which the jurisdiction of the court is limited by Articles 4842 and 4843 or as to the amounts set forth in Subparagraphs (3) and (4) of this Paragraph.
B. In the City Court of East St. Tammany, the city court shall have the same jurisdictional limit for possession of leased premises in eviction proceedings as provided for in Article 4912 for justice of the peace courts.
C. In the City Court of Hammond, the city court shall have jurisdiction over suits by owners and landlords for the possession of leased premises when the lease is by the month and the monthly rental is five thousand dollars or less.
D. In computing the jurisdictional amount for purposes of eviction suits, the daily, weekly, monthly, annual, or other rental provided by the lease, exclusive of interest, penalties, or attorney fees, shall determine the amount in dispute.
Acts 1986, No. 156, §1; Acts 1995, No. 204, §1; Acts 1999, No. 102, §1; Acts 2010, No. 219, §1; Acts 2020, No. 205, §3, eff. June 11, 2020; Acts 2022, No. 361, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4845. Amount in dispute; jurisdiction of incidental demands; parish, city, and justice of the peace courts; payment of costs of transfer

Art. 4845. Amount in dispute; jurisdiction of incidental demands; parish, city, and justice of the peace courts; payment of costs of transfer
A.(1) When a parish or city court has subject matter jurisdiction over the principal demand, it may exercise subject matter jurisdiction over any properly instituted incidental action arising out of the same transaction or occurrence from which the principal demand arose, regardless of the amount in dispute in the incidental demand. When a justice of the peace court has jurisdiction over the principal demand, it may exercise subject matter jurisdiction over a good faith incidental demand in the same manner as a parish or city court, except that if the amount in dispute of such incidental demand exceeds its jurisdictional amount, a justice of the peace court may not continue to exercise jurisdiction except for purposes of transferring the entire action as provided in this Section.
(2) When an otherwise properly instituted incidental demand exceeds the subject matter jurisdiction of a parish or city court, the court may transfer the entire action to a court of proper jurisdiction.
B. When a compulsory reconventional demand exceeds the jurisdiction of a parish or city court, and when any good faith incidental demand before a justice of the peace court exceeds the jurisdictional amount of the justice of a peace court, the court shall transfer the entire action to a court of proper jurisdiction. The party filing the incidental demand that causes the justice of the peace court to transfer the action shall be responsible for payment of all costs for the transfer and shall make payment of the costs directly to the clerk of court of the transferee court within fifteen days of the filing of the incidental demand in the justice of the peace court.
Acts 1986, No. 156, §1; Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1991, No. 676, §1; Acts 1995, No. 202, §1; Acts 1999, No. 678, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4847. Limitations upon jurisdiction

Art. 4847. Limitations upon jurisdiction
A. Except as otherwise provided by law, a parish court or city court has no jurisdiction in any of the following cases or proceedings:
(1) A case involving title to immovable property.
(2) A case involving the right to public office or position.
(3) A case in which the plaintiff asserts civil or political rights under the federal or state constitutions.
(4) A claim for annulment of marriage, divorce, separation of property, or alimony.
(5) A succession, interdiction, receivership, liquidation, habeas corpus, or quo warranto proceeding.
(6) A case in which the state, or a parish, municipal, or other political corporation is a defendant, except for a petition for nullity filed in the City Court of East St. Tammany to nullify a judgment of bond forfeiture rendered by the City Court of East St. Tammany.
(7) Any other case or proceeding excepted from the jurisdiction of these courts by law.
B. In addition, city courts shall not have jurisdiction in tutorship, curatorship, emancipation, and partition proceedings.
Acts 1986, No. 156, §1; Acts 1986, No. 152, §2, eff. June 28, 1986; Acts 1988, No. 670, §1; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 2011, No. 228, §1; Acts 2020, No. 205, §3, eff. June 11, 2020.
{{NOTE: SEE ACTS 1986, NO. 152, §3.}}
2023 Louisiana Laws › Code of Civil Procedure › Art. 4850. Jurisdiction in rem or quasi in rem; executory proceedings

Art. 4850. Jurisdiction in rem or quasi in rem; executory proceedings
A. A parish court or a city court may exercise jurisdiction quasi in rem over movable or immovable property, or jurisdiction in rem over movable property, in the manner provided by law, if the property is situated within the territorial jurisdiction of the court.
B. A parish court or a city court may issue a writ of seizure and sale in an executory proceeding to enforce a privilege or mortgage on movable or immovable property.
Acts 1986, No. 156, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4850.1. City Court of Alexandria; in rem and quasi in rem jurisdiction

Art. 4850.1. City Court of Alexandria; in rem and quasi in rem jurisdiction
The City Court of Alexandria may exercise jurisdiction quasi in rem over movable or immovable property, or jurisdiction in rem over movable property, in the manner provided by law, if the property is situated within the territorial jurisdiction of the court and the value of the property and the amount in dispute does not exceed ten thousand dollars. The City Court of Alexandria may issue a writ of seizure and sale in an executory proceeding to enforce a privilege or mortgage on movable or immovable property if the value of the property and the amount in dispute does not exceed ten thousand dollars.
Acts 2003, No. 905, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4850.2. First City Court and Second City Court of New Orleans; appellate jurisdiction

Art. 4850.2. First City Court and Second City Court of New Orleans; appellate jurisdiction
The First City Court and the Second City Court shall have jurisdiction over appeals by any person aggrieved by a decision of the Traffic Court of New Orleans concerning a traffic violation enforced by the city of New Orleans' automated traffic enforcement system. Appeals from the traffic court shall extend to the law and the facts and shall be tried upon the records made and the evidence offered in court by the judge to whom the appeal shall be allotted. Any aggrieved person shall file such appeal within thirty days of such decision. The First City Court and the Second City Court shall adopt rules regulating the manner of taking, hearing, and deciding such appeals. All traffic violations on appeal shall maintain their status as civil penalties.
Acts 2012, No. 502, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4851. Venue

Art. 4851. Venue
A. The rules of venue provided in Articles 41 through 45, 71 through 79 and 81, and 121 through 124 apply to suits brought in the parish court.
B. The rules of venue provided in Articles 41 through 45, 71 through 79 and 121 through 124 apply to suits brought in city court, except that where these articles use the word "parish" it shall be construed to mean the territorial jurisdiction of the city court.
Acts 1986, No. 156, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4852. Change of venue; city court; forum non conveniens

Art. 4852. Change of venue; city court; forum non conveniens
If a party has filed separate suits in a city court and a district court which has territorial jurisdiction over the city court relating to the same cause of action but placing a claim for property damage in one court and a claim for personal injury in the other court, the city court upon contradictory motion, or upon the court's own motion, after contradictory hearing may transfer the suit in its court to the district court if the transfer serves the convenience of the parties and the witnesses and is in the interest of justice.
Acts 1986, No. 156, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4857. Traffic Court of New Orleans; appellate jurisdiction

SECTION 2. MUNICIPAL AND TRAFFIC COURTS
Art. 4857. Traffic Court of New Orleans; appellate jurisdiction
The Traffic Court of New Orleans shall have exclusive appellate jurisdiction of all appeals by any person aggrieved by an administrative hearing officer's decision concerning a traffic violation enforced by the city of New Orleans' automated traffic enforcement system. Any aggrieved person shall file such appeal within thirty days after the date of such decision. The traffic court shall have de novo review over such appeals. The traffic court shall adopt rules regulating the manner of taking, hearing, and deciding such appeals. All traffic violations on appeal shall maintain their status as civil penalties.
Acts 2012, No. 502, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4861. Recusal of judges

CHAPTER 3. RECUSAL OF JUDGES; APPOINTMENT
OF JUDGES AD HOC
Art. 4861. Recusal of judges
A parish court or city court judge or justice of the peace may recuse himself or be recused for the same reasons and on the same grounds as provided in Article 151.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4862. Motion to recuse

Art. 4862. Motion to recuse
A. When a written motion is made to recuse a judge of a parish or city court or a justice of the peace, not later than seven days after the judge or justice of the peace receives the motion from the clerk of court, the judge or justice of the peace shall either recuse himself, or the motion to recuse shall be tried in the manner provided by Article 4863.
B. If the motion to recuse fails to set forth a ground for recusal under Article 151, the judge or justice of the peace may deny the motion without the appointment of another judge or a hearing but shall provide written reasons for the denial.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1; Acts 2022, No 38, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4863. Determination of recusal; appointment of judge ad hoc

Art. 4863. Determination of recusal; appointment of judge ad hoc
A. In a parish or city court having more than one judge, the motion to recuse shall be tried by another judge of the same court. The manner in which the judge is selected to try the recusal shall be provided by rule of court.
B. In all other cases, the motion shall be tried by an ad hoc judge appointed by the supreme court.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4864. Appointment of judge ad hoc after recusal

Art. 4864. Appointment of judge ad hoc after recusal
A. When a judge of a parish or city court recuses himself or is recused, another judge of the same court shall be appointed to try the cause, if that court has more than one division. The manner in which the judge is selected to try the cause shall be provided by rule of court. In all other cases, an ad hoc judge shall be appointed by the supreme court to try the cause.
B. When a justice of the peace recuses himself, another justice of the peace shall be appointed by the supreme court to try the cause.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4865. Appointment of judge ad hoc in event of temporary inability of parish or city court judge to preside

Art. 4865. Appointment of judge ad hoc in event of temporary inability of parish or city court judge to preside
When a parish or city court judge is unable to preside due to temporary absence, incapacity, or inability, he may appoint a judge ad hoc, who may be another judge or who may be a lawyer domiciled in the parish who possesses the qualifications of the judge he replaces. Appointment shall be by order, which shall reflect the term of and reasons for the appointment, and which shall be entered into the minutes of the court.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4866. Power and authority of judge ad hoc

Art. 4866. Power and authority of judge ad hoc
A judge ad hoc appointed under the provisions of Articles 4861 through 4865 shall have the same power and authority to act on the causes or on the dates to which appointed as the judge whom he replaces would have.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2021, No. 143, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4871. Jury trial prohibited

CHAPTER 4. JURY TRIALS PROHIBITED; TRANSFER
TO DISTRICT COURT
Art. 4871. Jury trial prohibited
There shall be no trial by jury in any case in a parish court, city court, or justice of the peace court.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4872. Transfer to district court

Art. 4872. Transfer to district court
A. Where a principal demand is commenced in a parish or city court in which the defendant would otherwise be entitled to trial by jury under the provisions of Article 1731, or under any other provision of law, the defendant may obtain trial by jury by transferring the action to the district court in the manner provided by Article 4873.
B. Where a principal demand commenced in a parish or city court is one in which the defendant was not entitled to trial by jury under the provisions of Article 1731, a party who files an incidental demand in that court as authorized by Article 4846 waives any right he may have to jury trial on such incidental demand.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4873. Transfer to district court; procedure; contest; effect

Art. 4873. Transfer to district court; procedure; contest; effect
A party entitled thereto under the provisions of Article 4872 may transfer the action to the district court in the following manner:
(1) Within the delay allowed for answer in the trial court of the limited jurisdiction, or within ten days after answer has been filed, he shall file a motion to transfer with the clerk of the court in which the suit is pending. The motion shall include a declaration that the matter is one to which defendant would have been entitled to trial by jury if commenced in district court, and that defendant desires trial by jury. If a party fails to file a motion to transfer within the delays required by this Subparagraph, the matter shall not be transferred.
(2) If no opposition is filed within ten days after the filing of the motion to transfer, the judge of the court in which the suit is pending shall order the transfer to the district court. If an opposition is timely filed, it shall be tried summarily.
(3) Where a transfer is ordered, the clerk of the court in which the action was initially filed shall forward to the clerk of court to which the action is transferred a certified copy of the record in the initial court, including pleadings, minute entries, and all other proceedings.
The clerk of the district court shall file the action as a new proceeding in that court, upon payment by the defendant of a filing fee as provided by rule of the district court. All costs accruing thereafter, however, shall be advanced in the same manner as though the action initially had been commenced in the district court by the original plaintiff.
(4) When the matter is docketed by the clerk of the district court, the proceeding shall continue in that court as though originally commenced therein. In the event transfer is effected prior to answer, defendant shall file his answer in the district court within the delays provided by Article 1001, commencing from the date the transferred proceeding is filed in that court.
(5) The disposition of a motion to transfer and any opposition thereto shall not be appealable, but shall be reviewable through the exercise of its supervisory jurisdiction by the court of appeal having appellate jurisdiction over the case.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980; Acts 2020, 1st Ex. Sess., No. 37, §2, eff. Jan. 1, 2021.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4874. Withdrawal of demand for jury trial after transfer

Art. 4874. Withdrawal of demand for jury trial after transfer
A motion to transfer pursuant to this Chapter shall constitute a demand by the removing party for trial by jury. He may not subsequently withdraw the demand without the approval of the court and the other party or parties.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4875. Entire suit transferred

Art. 4875. Entire suit transferred
A. An order to transfer divests the trial court of limited jurisdiction of jurisdiction over all claims and parties cumulated in the suit and the entire suit is transferred to the district court.
B. The right of other parties to trial by jury in the district court shall be determined as if the suit had initially been commenced in that court.
Acts 1979, No. 46, §1, eff. Jan. 1, 1980.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4901. Pleadings in parish and city courts

TITLE II
PROCEDURE IN TRIAL COURTS OF LIMITED JURISDICTION
CHAPTER 1. PARISH AND CITY COURTS
Art. 4901. Pleadings in parish and city courts
In suits in a parish court or a city court, written pleadings shall be required; provided, that a court may by rule provide for oral pleadings for suits in which the amount in dispute is two thousand dollars or less, and prescribe the form of such pleadings.
Acts 1986, No. 156, §1; Acts 1987, No. 249, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4902. Citation in parish and city courts

Art. 4902. Citation in parish and city courts
A. The citation shall summon the defendant to comply with the demand of the plaintiff against him, or to state his answer to the demand, within the delay provided by Article 4903, and shall state the location where the court is to be held.
B. A copy of the petition shall be attached to the citation.
C. The citation shall conform to the requirements for citation issuing out of the district court.
Acts 1986, No. 156, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4903. Delay for answering in parish and city courts

Art. 4903. Delay for answering in parish and city courts
The defendant shall answer within ten days of the service of citation, except that when the citation is served through the secretary of state, the delay, as to all defendants, shall be fifteen days after service.
Acts 1986, No. 156, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4904. Default judgment in parish and city courts

Art. 4904. Default judgment in parish and city courts
A. In suits in a parish court or a city court, if the defendant fails to answer timely, or if he fails to appear at the trial, and the plaintiff establishes a prima facie case by competent and admissible evidence, a default judgment in favor of the plaintiff may be rendered.
B. When the suit is for a sum due on an open account, promissory note, negotiable instrument, or other conventional obligation, prima facie proof may be submitted by affidavit. When the demand is based upon a promissory note or other negotiable instrument, no proof of any signature thereon shall be required.
C. When the sum due is on an open account, promissory note, negotiable instrument, or other conventional obligation, a hearing in open court shall not be required unless the judge in his discretion directs that such a hearing be held. The plaintiff shall submit to the court the proof required by law and the original and not less than one copy of the proposed default judgment. The judge shall, within seventy-two hours of receipt of such submission from the clerk of court, sign the proposed default judgment or direct that a hearing be held. The clerk of court shall certify that no answer or other pleading has been filed by the defendant. The minute clerk shall make an entry showing the dates of receipt of proof, review of the record, and rendition of the default judgment. A certified copy of the signed default judgment shall be sent to the plaintiff by the clerk of court, and notice of the signing of the default judgment shall be given as provided in Article 1913.
D. When the demand is based upon a right acquired by assignment in an open account, promissory note, or other negotiable instrument, the court may raise an objection of prescription before entering a default judgment if the grounds for the objection appear from the pleadings or from the evidence submitted by the plaintiff. If the court raises an objection of prescription, it shall not enter the default judgment unless the plaintiff presents prima facie proof that the action is not barred by prescription. Upon the plaintiff's request, the court shall hold a hearing for the submission of such proof.
Acts 1986, No. 156, §1; Acts 2017, No. 419, §1; Acts 2021, No. 174, §5, eff. Jan. 1, 2022; Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4906. Form of judgment in parish or city courts

Art. 4906. Form of judgment in parish or city courts
The judgment shall be in writing, contain the typewritten or printed name of the judge, and be signed by the judge. Any judgment that does not contain the typewritten or printed name of the judge shall not be invalidated for that reason.
Acts 1986, No. 156, §1; Acts 2014, No. 144, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4907. New trials; delay in parish or city courts

Art. 4907. New trials; delay in parish or city courts
A. After judgment is signed in the parish or city court, a party may make a written request or motion for new trial for any of the grounds provided by Articles 1972 and 1973.
B. The delay for applying for a new trial shall be seven days, exclusive of legal holidays. Where notice of judgment is required, a party may file a motion for a new trial not later than seven days, exclusive of legal holidays, after the clerk has mailed, or the sheriff has served, the notice of judgment.
Acts 1986, No. 156, §1; Acts 2010, No. 56, §1; Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4911. Jurisdiction in justice of the peace courts; concurrent with district court; amount in dispute

CHAPTER 2. CIVIL JURISDICTION FOR
JUSTICE OF THE PEACE COURTS
Art. 4911. Jurisdiction in justice of the peace courts; concurrent with district court; amount in dispute
A. The civil jurisdiction of a justice of the peace court is concurrent with the district court in cases where the amount in dispute does not exceed five thousand dollars.
B. For the purpose of this Chapter, the amount in dispute is determined by the amount demanded or value asserted in good faith by the plaintiff, but does not include interest, court costs, attorney fees, or penalties, whether provided by agreement or by law.
C. If the demand asserted in a good faith amended or supplemental pleading, or in any good faith incidental demand or any other pleading, exceeds the jurisdiction of the court, the court shall transfer the action to a court of proper jurisdiction.
Acts 1992, No. 692, §1; Acts 1999, No. 151, §1; Acts 1999, No. 678, §1; Acts 2005, No. 43, §1; Acts 2008, No. 338, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4912. Possession or ownership of movable property; eviction proceedings; justice of the peace courts

Art. 4912. Possession or ownership of movable property; eviction proceedings; justice of the peace courts
A.(1) A justice of the peace court shall, within its territorial jurisdiction, have jurisdiction, concurrent with the parish or district court, over suits for the possession or ownership of movable property not exceeding five thousand dollars in value and over suits by landowners or lessors for the eviction of occupants or tenants of leased residential premises, regardless of the amount of monthly or yearly rent or the rent for the unexpired term of the lease.
(2) A judgment of ownership of a vehicle ordered by a justice of the peace court shall be recognized by the office of motor vehicles of the Department of Public Safety and Corrections in accordance with the provisions of Chapter 4 of Title 32 of the Louisiana Revised Statutes of 1950.
(3) The provisions of this Paragraph shall also be applicable to suits for possession and ownership of a manufactured home, as defined by R.S. 9:1149.2, not exceeding five thousand dollars in value.
B. A justice of the peace court shall also have jurisdiction over suits by landowners or lessors for the eviction of occupants or tenants of leased commercial premises and leased farmlands where the amount of the monthly rental does not exceed five thousand dollars per month, regardless of the amount of rent due or the rent for the unexpired term of the lease.
Acts 1989, No. 298, §1; Acts 1991, No. 544, §1; Acts 2001, No. 713, §1, eff. June 25, 2001; Acts 2005, No. 43, §1; Acts 2008, No. 338, §1; Acts 2021, No. 25, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 4913. Limitations upon jurisdiction; nature of proceedings; justice of the peace courts

Art. 4913. Limitations upon jurisdiction; nature of proceedings; justice of the peace courts
A. In addition to the limitation by the amount in dispute as set forth above, the jurisdiction of justice of the peace courts is limited by the nature of the proceeding, as set forth below.
B. A justice of the peace court has no jurisdiction in any of the following cases or proceedings:
(1) A case involving title to immovable property.
(2) A case involving the right to public office or position.
(3) A case in which the plaintiff asserts civil or political rights under the federal or state constitutions.
(4) A claim for annulment of marriage, separation from bed and board, divorce, separation of property, custody, visitation, spousal support, or child support.
(5) A succession, interdiction, receivership, liquidation, habeas corpus, or quo warranto proceeding.
(6) A case in which the state, or a parish, municipal, or other political corporation is a defendant.
(7) An executory proceeding.
(8) An adoption, tutorship, emancipation, or partition proceeding.
(9) An in rem or quasi in rem proceeding.
(10) Any other case or proceeding excepted from the jurisdiction of these courts by law.
C. In addition, a justice of the peace court may not issue any injunctive order, except to arrest the execution of its own writ and to enforce the execution of a judgment issued by a justice of the peace court or made executory in a justice of the peace court.
Acts 1986, No. 156, §1; Acts 1991, No. 545, §1; Acts 2021, No. 259, §2.