RÉSUMÉ DIGEST
Act 461 (SB 237) 2015 Regular Session Murray
Prior law, relative to courts of limited jurisdiction, provided that in the City Court of Bossier
City, the City Court of Ville Platte, and any city court in which the population of the
territorial jurisdiction is less than 50,000, except as otherwise specifically provided by law,
the civil jurisdiction is concurrent with the district court in cases where the amount in
dispute, or the value of the property involved, does not exceed $15,000.
Prior law further provided that in the City Court of Bogalusa, the City Court of Bunkie, the
City Court of Eunice, the City Court of Lake Charles, the City Court of Marksville, the City
Court of Natchitoches, a city court in New Orleans, the City Court of Opelousas, the City
Court of Port Allen, the City Court of Sulphur, and the City Court of Winnsboro, the civil
jurisdiction is concurrent with the district court in cases where the amount in dispute, or the
value of the property involved, does not exceed $25,000.
Prior law also provided that in the City Court of Abbeville, the City Court of Baker, the City
Court of Baton Rouge, the City Court of Kaplan, the City Court of Leesville, the City Court
of Minden, the City Court of Plaquemine, the City Court of Shreveport, the City Court of
Springhill, and the City Court of Zachary, the civil jurisdiction is concurrent with the district
court in cases where the amount in dispute, or the value of the property involved, does not
exceed $35,000.
New law retains prior law except as to the City Court of Ville Platte and provides that the
City Court of Ville Platte has civil jurisdiction concurrent with the district court in cases
where the amount in dispute, or the value of the property involved does not exceed $25,000.
Prior law provided that the sheriff of the parish of Orleans and the constables of the First and
Second City Courts of New Orleans and their deputies are granted the powers of peace
officers, including requirement of incarceration of subjects and exemption from liability for
official actions.
New law provides that the constables of the First and Second City Court of New Orleans and
their deputies be granted the powers of peace officers when acting under the discretion and
control of the constables and when carrying out the duties of the court, and are authorized
to require incarceration of the subject involved in any of the city, parish or state prisons,
precinct stations, or houses of detention in the parish of Orleans. Provides that they be
exempt from liability for their actions in the exercise of this power in the same manner and
fashion as liability is excluded generally for peace officers of this state and political
subdivisions.
Prior law provided that in civil matters, the clerks and constables of the city courts of New
Orleans have the same powers and duties as provided by the applicable provisions of law for
clerks and marshals of city courts generally.
New law retains prior law and adds that the constables of the First and Second City Court of
New Orleans and their deputies, under the discretion and control of the constable, shall have
the same power to make arrests, in and upon the property within the jurisdiction of the
constables' offices and shall have all the powers of sheriffs as a peace officer in all places and
on all premises under the jurisdiction and control of the constable, as well as to execute the
mandates of the court. Further requires that any person arrested by a deputy of the constable
be forthwith surrendered or delivered to the sheriff of the parish of Orleans and that this shall
not prevent the New Orleans city police or the sheriff of the parish of Orleans or a deputy
from making arrests. Requires that the constable make rules and regulation for the conduct,
management, and control of their deputies and may from time to time enlarge, modify, or
change such rules and regulations.
Prior law provided that subject to the approval of the Judicial Council of the La. Supreme
Court, the Civil District Court for the parish of Orleans and the clerk of court of the Civil
District Court for the parish of Orleans may impose the following additional costs of court
and service charges provided below in all cases over which the court has jurisdiction, until
the bonded indebtedness provided for in prior law is paid. Provides that the costs and
charges provided below shall not apply to cases involving juvenile and family matters. Provides that the costs and charges may be any amount up to and including the maximum
amount set forth and shall be imposed on order of the judges en banc and that such costs and
charges shall be paid to the clerk of court when the filing is made. New law makes such
charges applicable until the bonded indebtedness or lease obligations have been paid;
otherwise retains prior law.
Prior law provided that until such time that public bids are let for the construction project,
the amounts of the costs and charges which may be imposed are as follows:
Service Provided Amount of Cost Authorized
(a) Recordings Up to $30 per recordation
(b) Civil Filings Up to $25 per civil filing
(c) Jury Trials Up to $100 per jury requested
(d) Class Actions Up to $1,025 per class certified
New law provides that such costs and charges may be imposed until the bids are let, or,
alternatively, if the Civil District Court for the parish of Orleans Judicial District Court
Building Commission (commission) leases a privately constructed facility for use as a
courthouse, until the execution of the lease agreement.
Prior law provided that after public bids are let for the construction project the amounts of
costs and charges which may be imposed shall be as follows:
Service Provided Amount of Cost Authorized
(a) Recordings Up to $30 per recordation
(b) Civil Filings Up to $200 per civil filing
(c) Jury Trials Up to $200 per jury requested
(d) Class Actions Up to $2050 per class certified
(e) All matters filedUp to $10 per item filed into civil suit record
New law provides that such costs and charges shall be imposed after the construction project
is let or, alternatively if the commission leases a privately constructed facility for use as a
courthouse, then after the execution of the lease agreement; otherwise retains prior law.
Prior law provided that notwithstanding any other law to the contrary, issues regarding
ownership and liability for maintenance and operation expenses of the new courthouse shall
be provided for between the commission and Orleans Parish in a lease or sublease of the
courthouse to the commission or by a cooperative endeavor agreement prior to the awarding
of the contract for construction of the new courthouse. New law makes provisions applicable
only if the new courthouse is located on property owned by the city of New Orleans,
otherwise retains prior law.
Prior law provided that notwithstanding any other provision of law to the contrary, the
commission may pledge and dedicate the receipts of the courthouse construction fund for the
payment of any obligation, loan agreement, or other financing agreement in connection with
the issuance of bonds or other evidence of indebtedness for the commission by the La. Public
Facilities Authority or the La. Local Government Environmental Facilities and Community
Development Authority. New law also makes provisions applicable for the payment of rent
under a lease agreement or for the payment of other prior law obligations; otherwise retains
prior law.
Prior law provided that if public bids are not let for the construction of a facility as provided
in prior law by August 15, 2015, then the authority to levy the additional costs and charges
shall terminate and be null and void. New law provides that if by August 15, 2016, neither
public bids have been let for construction nor a lease agreement executed for a privately constructed facility for use as a courthouse, then the authority to levy the additional costs and
charges shall terminate and be null and void.
Effective upon signature of the governor (July 1, 2015).
(Amends C.C.P. Art. 4843(C) and (E) and R.S. 13:996.67(A),(B)(1) and (2), (C)(3) and (6)
and (D), 1311, 2154, and 2163)