Title 13, Courts and Judicial Procedure
0 chapters · 2,055 sections in this title.
La. Rev. Stat. § 13:5122 Law applicable; legislative intent
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§5122. Law applicable; legislative intent All suits, actions and proceedings of whatever nature affecting the validity of bonds of any governmental unit, or the interest thereon, or the sale thereof, or the election, if any, authorizing the issuance of said bonds shall be brought…
La. Rev. Stat. § 13:5123 Proceedings by governmental unit to establish validity; procedure; parties defendant
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§5123. Proceedings by governmental unit to establish validity; procedure; parties defendant The governing body of any governmental unit proposing to issue or which is in the process of issuing bonds or has provided a new or different source of payment for outstanding bonds may br…
La. Rev. Stat. § 13:5124 Service by publication of motion for judgment; parties defendant; notification
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§5124. Service by publication of motion for judgment; parties defendant; notification A.(1) All such parties shall be served by publishing the motion for judgment in a newspaper published in or having general circulation in such governmental unit in the manner hereinafter set for…
La. Rev. Stat. § 13:5125 Contesting issuance of bonds or action taken with respect to source of payment therefor; notice and hearing; service on member of governing body
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§5125. Contesting issuance of bonds or action taken with respect to source of payment therefor; notice and hearing; service on member of governing body Any person, corporation, or association desiring to contest or enjoin the issuance of any such bonds or action taken providing f…
La. Rev. Stat. § 13:5126 Answer by party defendant; intervention by interested parties; determination of questions; orders; precedence over other business
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§5126. Answer by party defendant; intervention by interested parties; determination of questions; orders; precedence over other business Any party defendant may answer such motion for judgment within seven days after the second publication thereof but not thereafter. Any property…
La. Rev. Stat. § 13:5127 Consolidation of actions or proceedings
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§5127. Consolidation of actions or proceedings Upon motion of the plaintiff or the governmental unit the court in which the first proceeding to invalidate or sustain the bonds or the action taken with respect to a new or different source of payment thereof was instituted may enjo…
La. Rev. Stat. § 13:5128 Appeals
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§5128. Appeals From the final judgment of the court an appeal shall lie to the supreme court where permitted by the constitution of this state, otherwise to the court of appeal. No appeal to the court of appeal or the supreme court shall be allowed unless the petition therefor is…
La. Rev. Stat. § 13:5129 Decree validating bonds binding and conclusive
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§5129. Decree validating bonds binding and conclusive In the event the decree of the court validates the bonds or validates the action taken to provide a new or different source of payment for the bonds, and no appeal is taken within the time above prescribed, or if appeal is tak…
La. Rev. Stat. § 13:5130 Bonds invalidated only for substantial defects; matters of form disregarded
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§5130. Bonds invalidated only for substantial defects; matters of form disregarded No court in which a proceeding to invalidate or sustain bonds is brought shall invalidate the bonds unless it finds substantial defects, material errors and omissions in the incidents of such bond …
La. Rev. Stat. § 13:5141 §§5141 to 5157 Repealed by Acts 1989, No
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§5141. §§5141 to 5157 Repealed by Acts 1989, No. 646, §1.
La. Rev. Stat. § 13:5200 Declaration of purpose
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§5200. Declaration of purpose A. The purpose of this Part is to improve the administration of justice in small noncriminal cases, and make the judicial system more available to and comprehensible by the public; to simplify practice and procedure in the commencement, handling, and…
La. Rev. Stat. § 13:5201 Small claims divisions
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§5201. Small claims divisions A. Each city court, now in existence or hereafter created, is authorized to establish by court rule one or more small claims divisions. B. Such small claims divisions may be established in such areas of the territorial jurisdiction of the court as th…
La. Rev. Stat. § 13:5202 Jurisdiction
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§5202. Jurisdiction A. A small claims division shall be a court not of record and shall have civil subject matter jurisdiction in cases where the amount in dispute does not exceed five thousand dollars, exclusive of interest, court costs, attorney fees, or penalties, whether prov…
La. Rev. Stat. § 13:5203 Pleadings; citation; procedure; evidence; substantive law; depositions
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§5203. Pleadings; citation; procedure; evidence; substantive law; depositions A. The pleadings, citation, and procedure provided by Articles 4901 through 4904 of the Louisiana Code of Civil Procedure shall be applicable to a small claims division created under authority of this P…
La. Rev. Stat. § 13:5204 Service of citation; extension of delay to answer
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§5204. Service of citation; extension of delay to answer A. Service of citation or other process shall be by certified mail, with return receipt requested. However, should the receipt not be returned, or, if requested by a party filing the pleading who pays the service charge the…
La. Rev. Stat. § 13:5205 Fees
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§5205. Fees A. The plaintiff, upon filing a claim, shall pay as court costs a fee of thirty-five dollars for each party made defendant. No other prejudgment costs, except those required by R.S. 13:10.3, shall be required of the plaintiff so long as the action remains in a small c…
La. Rev. Stat. § 13:5206 Reconventional demand beyond jurisdiction; filing in court of competent
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§5206. Reconventional demand beyond jurisdiction; filing in court of competent jurisdiction; transfer of proceedings from small claims division A. If a defendant in a small claims action has a claim against the plaintiff in the action for an amount over the jurisdiction of the sm…
La. Rev. Stat. § 13:5207 Arbitration awards
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§5207. Arbitration awards A. The judge may refer small claims cases to an attorney at law who shall serve as arbitrator provided the parties agree to be bound by his arbitration. An attorney at law so appointed by the judge shall conduct the proceedings in the manner described in…
La. Rev. Stat. § 13:5207.1 Request for arbitration
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§5207.1. Request for arbitration A. Upon filing an action in small claims court pursuant to R.S. 13:5203 et seq., a plaintiff may request in writing that the proceeding be referred for arbitration. Within ten days after service of a small claims proceeding on any party, that part…
La. Rev. Stat. § 13:5208 Judge's role; judgment; new trial; stay; installment payments; enforcement
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§5208. Judge's role; judgment; new trial; stay; installment payments; enforcement A. At trial, and after ascertaining that the case is properly lodged in the small claims division, it is the duty of the judge to conduct an informal hearing, and to develop all of the facts necessa…
La. Rev. Stat. § 13:5209 Waiver of right to appeal
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§5209. Waiver of right to appeal A. A plaintiff who files a complaint in a small claims division shall be deemed to have waived his right to appeal unless the complaint is removed as provided in Subsection B below or is transferred as provided in R.S. 13:5206 above. B. A defendan…
La. Rev. Stat. § 13:5210 State agencies
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§5210. State agencies The provisions of this Part shall not apply to agencies of the state. Added by Acts 1977, No. 710, §1.
La. Rev. Stat. § 13:5211 Clerk's role
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§5211. Clerk's role If oral demand is made or written pleadings are filed, the clerk of the small claims division shall prepare the citation summoning the defendant to answer in accordance with the provisions of Article 4902 of the Louisiana Code of Civil Procedure. The clerk sha…
La. Rev. Stat. § 13:5212 Applicability of Part
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§5212. Applicability of Part The provisions of this Part, except as otherwise specifically provided by Book VIII of the Louisiana Code of Civil Procedure, shall govern and regulate the procedure in proceedings in small claims divisions of city courts. Acts 1987, No. 256, §1.
La. Rev. Stat. § 13:5213 Declaration of purpose
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§5213. Declaration of purpose The purpose of the Online Dispute Resolution Pilot Project Program, hereinafter referred to as "the program" is to further the primary objectives of the small claims division pursuant to R.S. 13:5200. In an effort to improve access to justice, the Lo…
La. Rev. Stat. § 13:5214 Online Dispute Resolution Pilot Project Program
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§5214. Online Dispute Resolution Pilot Project Program A. In a court participating in the program, parties to small claims proceedings shall participate in the program unless they have been exempted by the court due to an undue hardship. An undue hardship exists when a party cann…
La. Rev. Stat. § 13:5215 Appointment of a facilitator
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§5215. Appointment of a facilitator A. A program facilitator shall be appointed by the judge of a court participating in the program to assist parties in reaching a settlement. B. The facilitator shall be assigned to the case not more than ten days after all parties register for …
La. Rev. Stat. § 13:5216 Initiation of claim
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§5216. Initiation of claim A. In a court participating in the program, small claims cases shall be initiated by affidavit filed by the plaintiff stating the demand. The affidavit shall include the plaintiff's email address and, if known, the defendant's email address. B. If the p…
La. Rev. Stat. § 13:5217 Service of citation; extension of delay to answer
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§5217. Service of citation; extension of delay to answer A. Service of affidavit of claim in the program or other process shall be by certified mail, return receipt requested. However, if the receipt is not returned, if requested by a party filing the pleading who pays the servic…
La. Rev. Stat. § 13:5218 Fees
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§5218. Fees A. The plaintiff, upon filing an affidavit of claim, shall pay as court costs a fee of thirty-five dollars for each party made defendant. No other prejudgment costs, except those required by R.S. 13:10.3, shall be required of the plaintiff so long as the action remain…
La. Rev. Stat. § 13:5219 Answer and reconventional demand
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§5219. Answer and reconventional demand A. A defendant shall register for an account within the program, link the claim to an existing account within the program, or seek an exemption from participating in the program within ten days of service of the affidavit of claim. B. A def…
La. Rev. Stat. § 13:5220 Reconventional demand beyond jurisdiction; filing in court of competent
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§5220. Reconventional demand beyond jurisdiction; filing in court of competent jurisdiction; transfer of proceedings A. If a defendant has a claim against the plaintiff in such action for an amount over the jurisdiction of the small claims division as provided in R.S. 13:5202, bu…
La. Rev. Stat. § 13:5221 Settlement agreement
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§5221. Settlement agreement A. A program facilitator shall guide the parties through the program and assist them in reaching a settlement. To reach a settlement, the facilitator may provide information to a party regarding procedure and may comment on the merits of the claim or d…
La. Rev. Stat. § 13:5222 Waiver of right to appeal
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§5222. Waiver of right to appeal A. A plaintiff who files a complaint in the program shall be deemed to have waived his right to appeal unless the complaint is removed as provided in Subsection B of this Section or is transferred as provided in R.S. 13:5220. B. A defendant shall …
La. Rev. Stat. § 13:5223 State agencies
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§5223. State agencies The provisions of this Part shall not apply to agencies of the state. Acts 2021, No. 281, §1. NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.
La. Rev. Stat. § 13:5224 Clerk's role
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§5224. Clerk's role If the parties do not settle the claim, the facilitator shall terminate the program and notify the clerk of court to set the matter for a trial de novo. The clerk of the small claims division shall prepare the citation summoning the defendant to answer as prov…
La. Rev. Stat. § 13:5225 Applicability
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§5225. Applicability The provisions of this Part, except as otherwise specifically provided by Book VIII of the Code of Civil Procedure, shall govern and regulate the procedure in proceedings in the program. Acts 2021, No. 281, §1. NOTE: See R.S. 13:5226 regarding termination of …
La. Rev. Stat. § 13:5226 Termination
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§5226. Termination This Part shall be null and of no effect on and after August 1, 2025. Acts 2021, No. 281, §1. NOTE: In accordance with the provisions of this Section, this Part terminates on Aug. 1, 2025.
La. Rev. Stat. § 13:5231 Short title
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§5231. Short title This Part shall be known as and may be cited as the "Preservation of Religious Freedom Act". Acts 2010, No. 793, §1.
La. Rev. Stat. § 13:5232 Legislative findings
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§5232. Legislative findings The legislature finds and declares that: (1) The free exercise of religion is a fundamental right of the highest order in this state. (2) In 1974, this legislature and the people of Louisiana chose to adopt the exact language found in the First Amendme…
La. Rev. Stat. § 13:5233 Free exercise of religion protected
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§5233. Free exercise of religion protected A. Government shall not substantially burden a person's exercise of religion, even if the burden results from a facially neutral rule or a rule of general applicability, unless it demonstrates that application of the burden to the person…
La. Rev. Stat. § 13:5233.1 Protection of the freedom of worship in churches and other religious institutions;
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§5233.1. Protection of the freedom of worship in churches and other religious institutions; protection of religious education A. If a church or other place of worship has met the requirements for zoning, building code, and fire safety regulation, and has received an occupancy lic…
La. Rev. Stat. § 13:5233.2 Protection of freedom of worship; limitation of liability
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§5233.2. Protection of freedom of worship; limitation of liability A. The Legislature of Louisiana finds that churches or other places of worship are private property dedicated to the free exercise of religion, that religious assemblies are protected by the Constitution of the Un…
La. Rev. Stat. § 13:5234 Definitions
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§5234. Definitions In this Part, unless the context otherwise requires: (1) "A person" includes an individual and also includes a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under Section 501(c)(3) or (…
La. Rev. Stat. § 13:5235 Exceptions
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§5235. Exceptions A. Nothing in this Part shall be construed to allow any person to cause physical injury to another person. B. The standards of a compelling governmental interest, as set forth in R.S. 13:5233, shall be satisfied by any penological regulation or rule which is est…
La. Rev. Stat. § 13:5236 Applicability
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§5236. Applicability A. This Part applies to all state laws and local ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether enacted or adopted before, on or after August 15, 2010. B. Nothing in this Part shall create or preclud…
La. Rev. Stat. § 13:5237 Remedies
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§5237. Remedies A. Subject to the provisions of R.S. 13:5240(C), a person whose religious exercise is being, has been, or is likely to be burdened in violation of this Part may assert that violation as a claim or defense in a judicial, or an administrative, or other proceeding an…
La. Rev. Stat. § 13:5238 Notice
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§5238. Notice A. A person shall not bring an action in court to assert a claim under this Part unless, at least thirty days prior to bringing the action, the person gives written notice to the person burdening their free exercise, and any governmental agency authorizing such act,…
La. Rev. Stat. § 13:5239 Remediation
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§5239. Remediation Prior to the expiration of the thirty-day period referred to in R.S. 13:5238, an agency which receives notice in accordance with R.S. 13:5238 may remedy the substantial burden on the person's free exercise of religion. A person with respect to whom a substantia…
La. Rev. Stat. § 13:5240 Limitations and procedures
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§5240. Limitations and procedures A. Except as stated in Subsection B of this Section, and except as to objections, protective orders or writs of mandamus or prohibition, the provisions of the Louisiana Governmental Claims Act, R.S. 13:5101 et seq., as applicable, shall apply to …