HLS 10RS-520 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 1218
BY REPRESENTATIVE GREENE
CLERKS OF COURT: Requires the clerks of court to remit unused funds or to demand
payment for costs in civil matters within a certain period of time
AN ACT1
To amend and reenact R.S. 13:843.1, 1405, 2561.12, 2562.12, and 2563.11 and to enact R.S.2
13:1223, 1608, 1885(G), and 2154.3, relative to courts exercising civil jurisdiction;3
to provide for obligations regarding court costs applicable to each clerk of a district4
court, civil district court, parish court, city court, family court, and juvenile court; to5
provide for a period of time in which these obligations shall be met; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 13:843.1, 1405, 2561.12, 2562.12, and 2563.11 are hereby amended9
and reenacted and R.S. 13:1223, 1608, 1885(G), and 2154.3 are hereby enacted to read as10
follows: 11
§843.1. Court costs; refund; statement of costs owing12
Not later than ninety thirty days after receipt of written verification of final13
termination of a civil suit, the clerk of each district court shall comply with either of14
the following:15
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the16
clerk's advance deposit fund to the credit of the particular suit.17
(2) Issue to the party primarily liable a demand for payment of any accrued18
costs in excess of the advance deposit supported by an itemized account of these19
accrued costs.20
* * *21 HLS 10RS-520 ORIGINAL
HB NO. 1218
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§1223. Court costs; refund; statement of costs owing1
Not later than thirty days after receipt of written verification of final2
termination of a civil suit, the clerk of the civil district court shall comply with either3
of the following:4
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the5
clerk's advance deposit fund to the credit of the particular suit.6
(2) Issue to the party primarily liable a demand for payment of any accrued7
costs in excess of the advance deposit supported by an itemized account of these8
accrued costs.9
* * *10
§1405. Clerk; court costs; refund; statement of costs owing11
A. The clerk of the Nineteenth Judicial District Court shall be ex officio the12
clerk of the family court.13
B. Not later than thirty days after receipt of written verification of final14
termination of a civil suit, the clerk of court for the judicial district court shall15
comply with either of the following:16
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the17
clerk's advance deposit fund to the credit of the particular suit.18
(2) Issue to the party primarily liable a demand for payment of any accrued19
costs in excess of the advance deposit supported by an itemized account of these20
accrued costs.21
* * *22
§1608. Clerks; court costs; refund; statement of costs owing23
Not later than thirty days after receipt of written verification of final24
termination of a civil suit, each clerk of court for a juvenile court shall comply with25
either of the following:26
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the27
clerk's advance deposit fund to the credit of the particular suit.28 HLS 10RS-520 ORIGINAL
HB NO. 1218
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(2) Issue to the party primarily liable a demand for payment of any accrued1
costs in excess of the advance deposit supported by an itemized account of these2
accrued costs.3
* * *4
§1885. General powers and duties of clerk; court costs; refund 5
* * *6
G. Not later than thirty days after receipt of written verification of final7
termination of a civil suit, the clerk of court for the city court shall comply with8
either of the following:9
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the10
clerk's advance deposit fund to the credit of the particular suit.11
(2) Issue to the party primarily liable a demand for payment of any accrued12
costs in excess of the advance deposit supported by an itemized account of these13
accrued costs.14
* * *15
§2154.3. Court costs; refund; statement of costs owing16
Not later than thirty days after receipt of written verification of final17
termination of a civil suit, the clerk of court for the First City Court for the city of18
New Orleans and the clerk of court for the Second City Court for the city of New19
Orleans shall comply with either of the following:20
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the21
clerk's advance deposit fund to the credit of the particular suit.22
(2) Issue to the party primarily liable a demand for payment of any accrued23
costs in excess of the advance deposit supported by an itemized account of these24
accrued costs.25
* * *26
§2561.12. Clerk; seal; court costs; refund; statement of costs owing27
A. The clerk of court for the parish of Jefferson shall be ex-officio clerk of28
court for this court. He, or any deputy appointed by him, may be assigned to act as29 HLS 10RS-520 ORIGINAL
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minute clerk, and shall perform such other clerical duties as the judge shall direct.1
He shall be entitled to charge the fees as set forth in Section 1986 of Title 13,2
Louisiana Revised Statutes of 1950. He shall provide the court with a seal, which3
shall contain a vignette of the state seal, with the words, "Seal of the First Parish4
Court for the Parish of Jefferson", which shall be used on all orders, writs and5
processes issuing from the court. However, the absence of the seal shall not affect6
the validity of such documents. 7
B. Not later than thirty days after receipt of written verification of final8
termination of a civil suit, the clerk of court for the parish of Jefferson shall comply9
with either of the following:10
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the11
clerk's advance deposit fund to the credit of the particular suit.12
(2) Issue to the party primarily liable a demand for payment of any accrued13
costs in excess of the advance deposit supported by an itemized account of these14
accrued costs.15
* * *16
§2562.12. Clerk; seal; court costs; refund; statement of costs owing17
A. The clerk of court for the Parish of Jefferson shall be ex-officio clerk of18
court for this court. He, or any deputy appointed by him, may be assigned to act as19
minute clerk, and shall perform such other clerical duties as the judge shall direct.20
The clerk of court shall be entitled to fix his fees, but in no event shall those fees21
exceed the fees chargeable in the 24
th
Twenty-Fourth Judicial District Court. He22
shall provide the court with a seal, which shall contain a vignette of the state seal,23
with the words, "Seal of the Second Parish Court for the Parish of Jefferson", which24
shall be used on all orders, writs and processes issuing from the court. However, the25
absence of the seal shall not affect the validity of such documents. 26
B. Not later than thirty days after receipt of written verification of final27
termination of a civil suit, the clerk of court for the parish of Jefferson shall comply28
with either of the following:29 HLS 10RS-520 ORIGINAL
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(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the1
clerk's advance deposit fund to the credit of the particular suit.2
(2) Issue to the party primarily liable a demand for payment of any accrued3
costs in excess of the advance deposit supported by an itemized account of these4
accrued costs.5
* * *6
§2563.11. Clerk; seal; court costs; refund; statement of costs owing7
A. The clerk of the district court for the parish of Ascension shall be ex8
officio ex-officio clerk of court for this court. He, or any deputy appointed by him,9
may be assigned to act as minute clerk, and shall perform such other clerical duties10
as the judge shall direct. The clerk of court shall be entitled to fix his fees, but in no11
event shall those fees exceed the fees chargeable in the Twenty-Third Judicial12
District Court. He shall provide the court with a seal, which shall contain a vignette13
of the state seal, with the words, "Seal of the Parish Court for the Parish of14
Ascension", which shall be used on all orders, writs and processes issuing from the15
court. However, the absence of the seal shall not affect the validity of such16
documents. 17
B. Not later than thirty days after receipt of written verification of final18
termination of a civil suit, the clerk of court for the judicial district court shall19
comply with either of the following:20
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the21
clerk's advance deposit fund to the credit of the particular suit.22
(2) Issue to the party primarily liable a demand for payment of any accrued23
costs in excess of the advance deposit supported by an itemized account of these24
accrued costs.25
* * *26
Section 2. The provisions of R.S. 13:1223 as enacted by this Act shall be null and27
void on January 1, 2015.28 HLS 10RS-520 ORIGINAL
HB NO. 1218
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Greene HB No. 1218
Abstract: Requires each clerk of a district court, civil district court, parish court, city court,
family court, and juvenile court to refund unused money or demand payment for
costs within 30 days upon final termination of a civil suit.
Present law requires the clerk of each district court, no later than 90 days after receipt of
written verification of final termination of a civil suit, to comply with either of the following:
(1)Refund to the plaintiff or plaintiffs any unused balance remaining in the clerk's
advance deposit fund to the credit of the particular suit.
(2)Issue to the party primarily liable a demand for payment of any accrued costs in
excess of the advance deposit supported by an itemized account of these accrued
costs.
Proposed law makes present law provisions applicable to the clerk of a district court, civil
district court, parish court, city court, family court, and juvenile court and requires the clerks
comply with these provisions within 30 days.
Provides that proposed law provision applicable to the clerk of the Civil District Court for
the parish of Orleans shall be null and void on Jan. 1, 2015.
(Amends R.S. 13:843.1, 1405, 2561.12, 2562.12, and 2563.11; Adds R.S. 13:1223, 1608,
1885(G), and 2154.3)