Terms Used In Louisiana Revised Statutes 13:1444

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plaintiff: The person who files the complaint in a civil lawsuit.

Except as otherwise provided by law, a parish court has no jurisdiction in any of the following cases or proceedings:

(1)  A claim of 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 subdivision is a defendant.

(7)  A case where the action is against an officer or employee of the state, a state agency, or a political subdivision arising out of the discharge of his official duties or within the course and scope of his employment, or the suit is otherwise subject to the provisions of La. Rev. Stat. 13:5104.

(8)  Any other case or proceeding excepted from the jurisdiction of these courts by law.

Acts 1979, No. 328, §1, eff. Jan. 1, 1980; Acts 1986, No. 152, §1, eff. June 28, 1986; Acts 1990, No. 361, §2, eff. Jan. 1, 1991; Acts 2004, No. 823, §1, eff. July 12, 2004.