HLS 20RS-720 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 356
BY REPRESENTATIVE LANDRY
COURTS: Provides relative to the subject matter jurisdiction of certain courts
1 AN ACT
2To amend and reenact Code of Civil Procedure Articles 4842(B) and 4843(B) and R.S.
3 13:5202(B), relative to the subject matter jurisdiction of parish, city, and small
4 claims courts; to provide for civil jurisdiction over claims brought by individuals and
5 neighborhood associations seeking enforcement of ordinances; to provide for the
6 amount in dispute; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Civil Procedure Articles 4842(B) and 4843(B) are hereby
9amended and reenacted to read as follows:
10 Art. 4842. Parish court jurisdiction; amount in dispute; injunctive actions by a
11 political subdivision
12 * * *
13 B.(1) The civil jurisdiction of a parish court is concurrent with the district
14 court in cases or proceedings instituted by the state, a parish, a municipality, or other
15 political subdivision of the state for injunctive relief or other civil relief for the
16 cessation or abatement of any acts or practices which may violate any parish or
17 municipal ordinance or any state law. In such case, the court shall have jurisdiction
18 irrespective of the amount in dispute or the value of the property involved.
19 (2) The civil jurisdiction of a parish court is concurrent with the district court
20 in cases or proceedings instituted by an individual or a neighborhood association or
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HB NO. 356
1 organization for injunctive relief or other civil relief for the cessation or abatement
2 of any acts or practices which may violate any parish or municipal ordinance. In
3 such case, the court shall have jurisdiction up to the jurisdictional limitations as
4 provided by this Article.
5 Art. 4843. City court jurisdiction; amount in dispute; injunctive actions by state or
6 political subdivision
7 * * *
8 B.(1) The civil jurisdiction of a city court in which the population of the
9 territorial jurisdiction is greater than fifty thousand is concurrent with the district
10 court in cases or proceedings instituted by the state, a parish, a municipality, or other
11 political subdivision of the state for injunctive relief or other civil relief for the
12 cessation or abatement of any acts or practices which may violate a parish or
13 municipal ordinance or state law. In such case, the court has jurisdiction regardless
14 of the amount in dispute or the value of the property involved.
15 (2) The civil jurisdiction of a city court is concurrent with the district court
16 in cases or proceedings instituted by an individual or a neighborhood association or
17 organization for injunctive relief or other civil relief for the cessation or abatement
18 of any acts or practices which may violate a parish or municipal ordinance. In such
19 case, the court has jurisdiction up to the jurisdictional limitations as provided by this
20 Article.
21 * * *
22 Section 2. R.S. 13:5202(B) is hereby amended and reenacted to read as follows:
23 ยง5202. Jurisdiction
24 * * *
25 B.(1) A small claims division shall have authority to grant any appropriate
26 relief, including money damages and equitable relief. Injunctions and restraining
27 orders shall not issue from a small claims division, except to arrest the execution of
28 its own writ or as provided in Paragraph (2) of this Subsection. Class actions,
29 summary proceedings, and executory proceedings shall be prohibited.
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HB NO. 356
1 (2) The civil jurisdiction of a small claims division is concurrent with the
2 district court in cases or proceedings instituted by an individual or a neighborhood
3 association or organization for injunctive relief or other civil relief for the cessation
4 or abatement of any acts or practices which may violate a parish or municipal
5 ordinance. In such case, the court shall have jurisdiction up to the jurisdictional
6 limitations as provided by this Section.
7 * * *
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)]
HB 356 Engrossed 2020 Regular Session Landry
Abstract: Grants parish courts, city courts, and small claims divisions jurisdiction over
claims to enforce parish or municipal ordinances brought by individuals and
neighborhood associations.
Present law provides that parish courts and city courts in which the population of territorial
jurisdiction is greater than 50,000 may hear claims brought by governmental entities to
enforce parish or municipal ordinances or state law without limit on the amount in dispute.
Proposed law provides that parish and city courts may also hear claims brought by
individuals or neighborhood associations seeking to enforce parish or municipal ordinances
provided the jurisdiction of the court doesn't exceed the jurisdictional limitations as provided
in present law.
Present law authorizes city courts to establish small claims divisions with civil subject matter
jurisdiction in cases where the amount in dispute does not exceed $5,000.
Proposed law provides that a small claims division of a city court may also hear claims
brought by individuals or neighborhood associations seeking to enforce parish or municipal
ordinances, subject to the $5,000 jurisdictional limit.
(Amends C.C.P. Arts. 4842(B) and 4843(B) and R.S. 13:5202(B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Change proposed law criteria that the court has jurisdiction irrespective of the
amount in dispute or the value of the property involved to provide instead that
the court has jurisdiction up to the jurisdictional limitations as provided in
present law.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.