Louisiana Code of Civil Procedure 4913 – Limitations upon jurisdiction; nature of proceedings; justice of the peace courts
Terms Used In Louisiana Code of Civil Procedure 4913
- Arrest: Taking physical custody of a person by lawful authority.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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.