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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 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 upon written request17
of any party.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
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§1223. Court costs; refund; statement of costs owing1
Not later than ninety days after termination of a civil suit, the clerk of the2
civil district court shall comply with either of the following:3
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the4
clerk's advance deposit fund to the credit of the particular suit upon written request5
of any party.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 ninety days after termination of a civil suit, the clerk of14
court for the judicial district court shall comply with either of 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 upon written request17
of any party.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 ninety days after termination of a civil suit, each clerk of court24
for a juvenile court shall comply with either of the following:25
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the26
clerk's advance deposit fund to the credit of the particular suit upon written request27
of any party.28 HLS 10RS-520 ENGROSSED
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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 ninety days after termination of a civil suit, the clerk of7
court for the city court shall comply with either of the following:8
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the9
clerk's advance deposit fund to the credit of the particular suit upon written request10
of any party.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 ninety days after termination of a civil suit, the clerk of court17
for the First City Court for the city of New Orleans and the clerk of court for the18
Second City Court for the city of New Orleans shall comply with either of the19
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 upon written request22
of any party.23
(2) Issue to the party primarily liable a demand for payment of any accrued24
costs in excess of the advance deposit supported by an itemized account of these25
accrued costs.26
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§2561.12. Clerk; seal; court costs; refund; statement of costs owing1
A. The clerk of court for the parish of Jefferson shall be ex-officio ex officio2
clerk of court for this court. He, or any deputy appointed by him, may be assigned3
to act as minute clerk, and shall perform such other clerical duties as the judge shall4
direct. He shall be entitled to charge the fees as set forth in Section 1986 of Title 13,5
Louisiana Revised Statutes of 1950. He shall provide the court with a seal, which6
shall contain a vignette of the state seal, with the words, "Seal of the First Parish7
Court for the Parish of Jefferson", which shall be used on all orders, writs, and8
processes issuing from the court; However however, the absence of the seal shall not9
affect the validity of such documents. 10
B. Not later than ninety days after termination of a civil suit, the clerk of11
court for the parish of Jefferson shall comply with either of the following:12
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the13
clerk's advance deposit fund to the credit of the particular suit upon written request14
of any party.15
(2) Issue to the party primarily liable a demand for payment of any accrued16
costs in excess of the advance deposit supported by an itemized account of these17
accrued costs.18
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§2562.12. Clerk; seal; court costs; refund; statement of costs owing20
A. The clerk of court for the Parish of Jefferson shall be ex-officio ex officio21
clerk of court for this court. He, or any deputy appointed by him, may be assigned22
to act as minute clerk, and shall perform such other clerical duties as the judge shall23
direct. The clerk of court shall be entitled to fix his fees, but in no event shall those24
fees exceed the fees chargeable in the 24
th
Twenty-Fourth Judicial District Court.25
He shall provide the court with a seal, which shall contain a vignette of the state seal,26
with the words, "Seal of the Second Parish Court for the Parish of Jefferson", which27
shall be used on all orders, writs, and processes issuing from the court; However28
however, the absence of the seal shall not affect the validity of such documents. 29 HLS 10RS-520 ENGROSSED
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B. Not later than ninety days after termination of a civil suit, the clerk of1
court for the parish of Jefferson shall comply with either of the following:2
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the3
clerk's advance deposit fund to the credit of the particular suit upon written request4
of any party.5
(2) Issue to the party primarily liable a demand for payment of any accrued6
costs in excess of the advance deposit supported by an itemized account of these7
accrued costs.8
* * *9
§2563.11. Clerk; seal; court costs; refund; statement of costs owing10
A. The clerk of the district court for the parish of Ascension shall be ex11
officio clerk of court for this court. He, or any deputy appointed by him, may be12
assigned to act as minute clerk, and shall perform such other clerical duties as the13
judge shall direct. The clerk of court shall be entitled to fix his fees, but in no event14
shall those fees exceed the fees chargeable in the Twenty-Third Judicial District15
Court. He shall provide the court with a seal, which shall contain a vignette of the16
state seal, with the words, "Seal of the Parish Court for the Parish of Ascension",17
which shall be used on all orders, writs, and processes issuing from the court;18
However however, the absence of the seal shall not affect the validity of such19
documents. 20
B. Not later than ninety days after termination of a civil suit, the clerk of21
court for the judicial district court shall comply with either of the following:22
(1) Refund to the plaintiff or plaintiffs any unused balance remaining in the23
clerk's advance deposit fund to the credit of the particular suit upon written request24
of any party.25
(2) Issue to the party primarily liable a demand for payment of any accrued26
costs in excess of the advance deposit supported by an itemized account of these27
accrued costs.28
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Section 2. The provisions of R.S. 13:1223 as enacted by this Act shall be null and1
void on January 1, 2015.2
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 90 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
to comply with these provisions within 90 days upon written request of any party.
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)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Changed the time limit from 30 to 90 days after termination of a law suit for the
clerk of court to provide a refund for unused balances.
2. Deleted provisions requiring notice of written verification of final termination
of a civil suit by an attorney to the clerk of court.
3. Required a written request by any party to the suit to the clerk of court to trigger
the time limits within which the clerk of court is required to make the refund.