Louisiana Revised Statutes 13:2590.1 – A.(1) A justice of the peace in Jefferson Parish and East Baton Rouge Parish may appoint a clerk of court whose jurisdiction shall coincide with the jurisdiction of the appointing ju
Terms Used In Louisiana Revised Statutes 13:2590.1
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- 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.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A.(1) A justice of the peace in Jefferson Parish and East Baton Rouge Parish may appoint a clerk of court whose jurisdiction shall coincide with the jurisdiction of the appointing justice of the peace.
(2) The clerk of court shall have authority to accept, record, and process filings.
B. A justice of the peace in East Baton Rouge Parish and Jefferson Parish may demand and receive up to the following amounts in addition to or in lieu of the costs provided for in La. Rev. Stat. 13:2590 for filings and services in civil matters:
(1) New suit: thirty dollars, and five dollars per additional defendant.
(2) Eviction proceeding: thirty dollars, and five dollars per additional defendant.
(3) Garnishment, writ of attachment through garnishment: thirty dollars, and five dollars per additional defendant, plus ten dollars for attorney answering any interrogatories.
(4) Service of garnishment pleadings and order on defendant when garnishee is a financial institution: thirty dollars, and five dollars per additional defendant.
(5) Judgment debtor rule: thirty dollars, and five dollars per additional defendant.
C. All amounts received pursuant to Subsection B shall be retained by the justice of the peace in a separate account for compensation and operational expenses of the clerk of court’s office.
D. Except when the plaintiff is relieved from the necessity of paying costs or furnishing security therefor, under Code of Civil Procedure Articles 5181 through 5188 or under La. Rev. Stat. 13:4521, a justice of the peace may demand that the plaintiff provide costs in advance.
E. A justice of the peace in East Baton Rouge Parish and Jefferson Parish may demand and receive an amount not to exceed eighty dollars as a fee for issuing a peace bond. Of this amount, twenty dollars shall go to the clerk of courts and of the remaining amount, fifty percent of the fee shall be retained by the justice of the peace for operational expenses of the office and court and fifty percent of the fee shall go to the constable for operational expenses of the constable’s office.
Acts 1999, No. 549, §1; Acts 2011, 1st Ex. Sess., No. 38, §1; Acts 2011, No. 34, §1, eff. June 14, 2011; Acts 2017, No. 232, §1; Acts 2023, No. 72, §1.