FAQ

What is the maximum claim amount for a Louisiana JP court?

Louisiana Justice of the Peace Courts have civil jurisdiction concurrent with district court for cases where the amount in dispute does not exceed $5,000. The amount in dispute is determined by the amount a person demands or the value a person asserts in good faith, but does not include interest, court costs, attorney fees, or penalties. Cases exceeding this limit must be filed in district court.

Can a JP court handle evictions?

Yes, JP courts can handle eviction proceedings for residential, commercial, and farm lease properties. Residential evictions can be heard regardless of rent amount. Commercial or farm lease evictions qualify when the monthly rent is $5,000 or less. The property must be located within the ward where the court sits. Evictions use a faster “summary” procedure. However, executory mortgage proceedings are not allowed in JP court.

What criminal matters can a JP handle?

JPs serve mainly as magistrates in criminal cases. They can issue arrest warrants (after completing required training), set bail for non-capital and non-hard-labor cases, conduct preliminary examinations, and issue peace bonds. They also have limited trial authority for litter and nuisance violations in specific parishes. JPs may not preside over criminal trials (other than litter cases) and have no jurisdiction over juveniles.

Can a JP perform marriages?

Yes, Justices of the Peace may officiate marriages once sworn into office. Authority extends to the home parish, any parish in the same supreme court district, and parishes without JP courts (except Orleans). Retired JPs with eighteen years of service may retain parish authority if they register with the clerk of court.

What notarial powers do JPs have?

By virtue of office, a Justice of the Peace serves as an ex officio notary within the ward’s territorial jurisdiction. Only four functions are authorized: (1) administer oaths and affirmations, (2) notarize sworn statements, affidavits, and acknowledgments tied to matters within the JP’s authority, (3) make protests involving negotiable instruments, and (4) notarize bills of sale and other title documents for movable property, including motor vehicle transfers.

Can I have a jury trial in JP court?

No. The Louisiana Code of Civil Procedure expressly prohibits jury trials in Justice of the Peace Court. Any case for which a jury is demanded must be filed in district court, not Justice of the Peace Court.

How do I appeal a JP court decision?

Appeals from JP court go directly to district court for a trial de novo — a completely new trial that starts fresh. The district court does not simply review the JP court’s decision but starts the case over. The deadline for filing an appeal begins to run from the date of the judgment or from service of notice of judgment, when notice is necessary.

What is a peace bond?

A peace bond is a court order requiring someone to post a bond (up to $1,000) promising not to commit a threatened crime. If a person believes someone has threatened or is about to commit a crime against them, they may file an affidavit describing the threat. The JP holds a contradictory hearing, and if there is just cause to fear the threatened offense, the JP orders the defendant to post the bond. The bond is for a specified period not longer than six months.

What matters cannot be heard in JP court?

JP courts cannot hear: title to immovable property (real estate), family law matters (divorce, custody, etc.), executory proceedings (foreclosures), partitions, public office or election contests, constitutional challenges, actions where the state or political subdivision is a defendant, habeas corpus, quo warranto, or any case where a jury is demanded.

What training is required for JPs?

Every Justice of the Peace must attend at least one training course every other year. The Attorney General conducts these courses within six months of when JPs take office, and once a year thereafter. JPs may not issue arrest warrants until they complete the Attorney General’s Arrest Warrants Course and receive a certificate of completion. Failure to attend required training results in loss of state supplemental pay until training is completed.

How are JP court fees structured?

Civil fees are strictly defined by state law (R.S. 13:2590), ranging from $11.50 to $130 for various civil matters, with additional charges for multiple defendants. The highest fees apply to new suits ($130) and eviction proceedings ($120). Fifty percent of court costs are retained by the JP, and fifty percent go to the constable’s office. In addition to sharing court costs, constables are entitled to separate fees for specific services (R.S. 13:5807), including service of process ($10-$30) and collecting money for execution of writs (6% with $12.50 minimum). JPs are prohibited from charging extra fees in criminal matters.

What is the role of a constable?

The constable is a peace officer elected within a ward or district who serves as an independent elected official with duties defined by statute. The constable’s office is a separate elected office — constables are not employees of the Justice of the Peace. As a peace officer, constables have law enforcement authority including the power to make arrests, enforce laws, and maintain public order within their jurisdiction. Constables serve citations, summons, subpoenas, writs, and other court papers. They have parish-wide service authority for any case before their JP court. State law requires that a JP use the constable from the same ward whenever possible to execute all orders and citations in civil cases. Deputy constables must meet P.O.S.T. training requirements (R.S. 40:2405).

Can a JP hear cases involving real estate?

No. JP courts have no jurisdiction over cases involving title to immovable property (land and buildings) or disputes over real estate. These matters must be filed in district court. However, JP courts can hear suits for the possession or ownership of movable property (vehicles, furniture, equipment) not exceeding $5,000 in value, located within the ward.

What happens if I can’t afford court costs?

A person who is unable to pay court costs because of poverty and lack of means (indigent status) may proceed without paying costs in advance or furnishing security. This privilege is governed by Code of Civil Procedure Articles 5181 through 5188. The state, political subdivisions, and their agents may also temporarily defer court costs when acting within the scope of their official duties.