Title 13, Courts and Judicial Procedure

§1837. Role of prosecutor or public official A. In a case arising under this Part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceed…

§1838. Role of law enforcement At the request of a prosecutor or other appropriate public official acting under R.S. 13:1837, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public offic…

§1839. Costs and expenses If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under R.S. 13:1837 or 1838. Acts 2006, N…

§1840. Application and construction In applying and construing this Part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2006, No. 822, §1, eff. Aug. 15, 2007.

§1841. Severability clause If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to thi…

§1842. Transitional provision A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before August 15, 2007, is governed by the law in effect at the time the motion or other request was made. Acts 20…

§1851. Short title This Part may be cited as the Uniform International Child Abduction Prevention Act. Acts 2007, No. 369, §1.

§1852. Definitions For purposes of this Part, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Abduction" means the wrongful removal or wrongful retention of a child beyond the territorial limits of the United States. (2) …

§1853. Cooperation and communication among courts The provisions of R.S. 13:1810 through 1812 apply to cooperation and communications among courts in proceedings under this Part. Acts 2007, No. 369, §1.

§1854. Actions for abduction prevention measures A. A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. B. A party to a child-custody determinat…

§1855. Jurisdiction A. A petition under this Part may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under the provisions of R.S. 13:1813 through 1816. B. A court of this state has temporary emergency jurisd…

§1856. Contents of petition A petition under this Part shall be verified and include a copy of any existing child-custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in R.S. 13:1857. Subject to t…

§1857. Factors to determine risk of abduction A. In determining whether there is a credible risk of abduction of a child, the court shall consider all of the following factors and any evidence that the petitioner or respondent: (1) Has previously abducted or attempted to abduct t…

§1858. Provisions and measures to prevent abduction A. If a petition is filed under this Part, the court may enter an order that shall include: (1) The basis for the court's exercise of jurisdiction. (2) The manner in which notice and opportunity to be heard were given to the per…

§1859. Warrant to take physical custody of child A. If a petition under this Part contains allegations, and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody…

§1860. Duration of abduction prevention order An abduction prevention order remains in effect until the earliest of: (1) The time stated in the order. (2) The emancipation of the child. (3) The child's attaining eighteen years of age. (4) The time the order is modified, revoked, …

§1861. Uniformity of application and construction In applying and construing this Part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 2007, No. 369, §1.

§1862. Relation to electronic signatures in Global and National Commerce Act and the Louisiana Uniform Electronic Transactions Act This Part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., an…

§1870. Repealed by Acts 1960, No. 32, §3, eff. Jan. 1, 1961

§1871. Scope of provisions This Part does not apply to the city, municipal, or traffic courts of the city of New Orleans. Except as otherwise specifically provided by law, the provisions of this Part apply to all other city courts, whether presently in existence or hereafter crea…

§1872. City courts and judges; abolition of office of justice of the peace and constable; submission of proposition to electors; election and terms of office; Donaldsonville excepted; Houma City Court territorial jurisdiction A.(1) In all wards where city courts exist and in ward…

§1873. Qualifications of judges Judges of city courts elected after the effective date of this Section shall be licensed to practice law in the State of Louisiana for at least five years previous to their election, and qualified resident electors of the territorial jurisdiction o…

§1874. Compensation of judges in general A.(1) Except as otherwise provided in R.S. 13:1875, city court judges shall receive an annual salary payable monthly in equal proportions by the respective municipalities and parishes where the courts are located, as follows: (a) Those in …

§1874.1. Compensation of city court judges; maximum A. The salary of a judge of a city court shall in no case exceed the salary of a district court judge of the judicial district in which the city court is located. B. If, on the effective date of this Section, a city court judge …

§1875. Compensation of city judges; particular courts The judges of the following city courts shall receive the salaries provided in this Section: (1) The judge of the City Court of Abbeville shall receive an annual salary of forty-eight hundred dollars, payable monthly on his ow…

§1876. Repealed by Acts 1979, No. 46, §10, eff. Jan. 1, 1980

§1877. Marriage ceremony; judges' authority to perform Judges of city courts, at any place within the parish in which the court is situated, may perform any marriage for which a lawful Louisiana marriage license has been issued, regardless of the parish of issuance of the license…

§1878. Declaration of candidates for office; determination of chief judge A. Where a city court is composed of more than two divisions, a candidate for nomination and election to the office of judge of the city court, at the time of filing his declaration as a candidate, shall de…

§1879. Marshals and constables; election; term of office; exceptions A.(1) Except as provided in Subsection B of this Section, for each city court there shall be a marshal or constable, as he may be designated. Except as provided in Paragraph (B)(1) of this Section, each marshal …

§1880. Qualifications of marshal; bond A.(1) The marshal shall be a resident elector of the territorial jurisdiction of the court and shall possess a high school diploma or its equivalent as determined by the Board of Elementary and Secondary Education; however, the requirement o…

§1881. General powers and duties of marshal; deputy marshals A. The city or ward marshal shall be the executive officer of the court and shall execute the orders and mandates of the court. In the execution of these orders and mandates, and in making arrests and preserving the pea…

§1882. Absence or inability of marshal; vacancy in office A. When the marshal is absent or unable to act for any cause, the judge may appoint any other person as temporary marshal. B. Repealed by Acts 1999, No. 1345, §4. C. If the unexpired term is for a longer period than one ye…

§1883. Compensation of marshal A. The marshals of the city courts enumerated in this Subsection shall receive as compensation for their services the following minimum salaries, payable monthly on their own warrant and which, except as otherwise indicated, shall be paid in equal p…

§1884. Clerk of court; appointment, term of office Except as otherwise provided by law, the judge of each city court may appoint a clerk for both the civil and criminal sections of the court who shall serve at the pleasure of the judge and until his successor is appointed and qua…

§1885. General powers and duties of clerk A. The clerk shall keep the minute entries of the court and a docket of all proceedings had in civil and criminal matters. Notwithstanding any other provision of law to the contrary, such minute entries may be contained in the official co…

§1886. Qualifications of clerk; bond The clerk shall be a qualified elector of the state. Before entering upon the discharge of his duties the clerk shall give bond in favor of the city judge in an amount to be fixed by him at not less than one thousand dollars conditioned for th…

§1887. Deputy clerk; qualifications, powers and duties The judge may appoint one or more deputy clerks to serve at the pleasure of the judge. Deputy clerks shall have the same qualifications, shall post the same bond, and have the same powers and duties as the clerk. Added by Act…

§1888. Salary of clerk and deputy clerk A. The salary of the clerks and of the deputy clerks, if any, may be fixed and paid in equal proportions by the respective governing authorities of the city and parish where the court is located; or it may be fixed and paid by either of the…

§1889. Court room and offices A. The city where the court is situated shall furnish a suitable court room and suitable offices for the judge, clerk, and marshal. It shall also furnish adequate fireproof vaults or other filing equipment for the preservation of the records of the c…

§1889.1. Ville Platte city court expenses; apportioned between parish and municipality Notwithstanding any contrary provision of R.S. 13:1889, the expenses of operation and maintenance of the courtroom and offices of the Ville Platte city court shall be apportioned between the go…

§1889.2. City Court of Bossier City; expenses A. The expenses of operation and maintenance of the courtroom and offices of the City Court of Bossier City shall be borne solely by the city of Bossier City. B. Any excess in funds derived from costs imposed and collected by the cour…

§1890. Seal of court Each city court shall be provided with a seal which shall contain a vignette of the state seal, with the words "Seal of the City Court of (name of city court)," which shall be used on all orders, writs, and processes issuing from the court. The absence of the…

§1891. Civil jurisdiction and procedure The civil jurisdiction of city courts and the pleading, practice, and procedure in them, including appellate procedure, shall be as provided in the applicable provisions of the Louisiana Code of Civil Procedure. Added by Acts 1960, No. 32, …

§1892. Service of process and other writs Service of all writs and processes in civil or criminal cases issuing from the city court shall be made by the marshal or by any sheriff or deputy sheriff where they respectively exercise their authority, or by any police officer of the c…

§1893. Court reporter; payment of transcript fees The judge shall appoint a competent court reporter to take the evidence in any case in which it is necessary to do so under the laws applicable to district courts, unless the parties waive the appointment of the reporter. At the r…

§1894. Criminal jurisdiction A. The criminal jurisdiction of city courts is limited to the trial of offenses committed within their respective territorial jurisdictions which are not punishable by imprisonment at hard labor, including the trial of cases involving the violation of…

§1894.1. Driving while intoxicated or impaired; prosecutions for violation required to be filed under general state law; city and municipal courts A. Notwithstanding any other provision of law to the contrary, prosecutions in any city, parish, or municipal court based on or arisi…

§1894.2. Additional costs; certain violations A. Notwithstanding any other provision of law to the contrary, and in addition to any fines, forfeitures, costs, or penalties, a person convicted of a felony, a misdemeanor, or a violation of local ordinance, including a traffic felon…

§1895. Procedure in criminal cases; compulsory process for attendance of witnesses Criminal prosecutions shall be by affidavit, information, or indictment, as is provided by law, and shall be tried without a jury. The prosecution and the defense are entitled to compulsory process…

§1896. Appeals in criminal cases; return day A. Mayor's courts and justice of the peace courts. (1) In criminal cases, the district courts have appellate jurisdiction over all appeals from orders of justices of the peace requiring a peace bond, and, except as otherwise provided b…