Glossary
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affidavit
A voluntary written declaration of facts sworn to by the person making it before an officer authorized to administer oaths, such as a justice of the peace or notary public.
A person seeking a peace bond must file an affidavit describing the threat. JPs may also receive affidavits in civil matters.
answer
The principal response filed by a defendant in response to a plaintiff’s complaint or petition. The answer must deny allegations the defendant wishes to contest and may include affirmative defenses or counterclaims.
A defendant in JP court must file an answer within ten days of being served with a citation, or the court may enter a default judgment.
appeal
Resort to a higher court for purposes of obtaining a review of a lower court decision and reversal of the lower court’s judgment or granting of a new trial.
Appeals from JP court go directly to district court for a trial de novo—a completely new trial that starts fresh.
bail
Security given by a defendant for the purpose of assuring they will appear before the proper court as required. Bail may be in the form of cash, a bond, or other approved security.
JPs can set bail for non-capital—not punishable by death—and non-hard-labor—not necessarily punishable by imprisonment with physical work—cases, though this is rare in practice.
citation
A court order issued by a JP that commands a person to appear in court to answer a claim or complaint. The constable serves the citation along with a copy of the written claim.
The JP issues a citation after a plaintiff files a claim, and the constable serves it on the defendant.
complaint
The first pleading of the plaintiff in a civil action, setting out facts on which the claim for relief is based. Also referred to as a petition.
In JP court, a plaintiff files a complaint or petition to initiate a civil case, which must be served along with a citation on the defendant.
concurrent jurisdiction
When two or more courts have the authority to hear the same type of case, and the plaintiff can choose which court to use.
JP courts have concurrent jurisdiction with district courts for eviction proceedings.
constable
A law enforcement officer elected within a ward or district who serves legal papers, executes court orders, and maintains order in JP court. Constables work closely with justices of the peace.
Constables serve citations, execute writs, and assist JPs in maintaining court order.
contradictory hearing
A legal proceeding where all parties have the right to be present, present evidence, and cross-examine witnesses.
Peace bond proceedings require a contradictory hearing before a bond can be imposed.
damages
Monetary compensation which the law awards to one who has been injured by the action of another. Recompense for a legal wrong such as a breach of contract or tortious act.
JP courts can award damages up to $5,000, not including interest, court costs, attorney fees, or penalties.
de novo
A trial or appeal that starts completely fresh, without consideration of the previous decision. The Latin phrase means ‘from the beginning’ or ‘anew.’
Appeals from JP court to District Court are heard de novo, meaning the district court starts fresh and does not simply review the JP court’s decision.
default judgment
A judgment entered against a defendant due to their failure to respond to the plaintiff’s action or to appear at the trial.
If a defendant fails to answer a complaint within the required time or fails to appear at trial, the JP may enter a default judgment in favor of the plaintiff.
defendant
The party in civil proceedings responding to the complaint. One who is sued and called upon to make satisfaction for a wrong complained of by another. In criminal proceedings, one who is charged with committing a crime.
The defendant in a JP court case must be properly served with a citation and complaint before the court can proceed.
eviction
Physical expulsion of someone from land or premises by assertion of paramount title or through legal proceedings.
JP courts have jurisdiction over eviction proceedings for residential, commercial, and farm lease properties, subject to specific requirements and procedures.
ex officio
Rights or powers that come automatically with holding a particular position. The Latin phrase means ‘by virtue of office.’
JPs serve as ex officio notaries public, meaning they have notary powers by virtue of holding the office of justice of the peace.
exception
A formal objection or defense raised by a party challenging the legal sufficiency of a claim, the court’s jurisdiction, or the venue. Common exceptions include exceptions of no cause of action, no right of action, and improper venue.
Defendants can file exceptions to challenge whether a JP court has proper jurisdiction or venue over a case.
execution
The process of carrying a court’s judgment, decree, or order into effect. The enforcement of a judgment through seizure of property or other means.
After a JP court renders a money judgment, the judgment creditor may seek execution through writs of fieri facias or garnishment.
executory proceeding
A special legal process used to enforce a mortgage or security interest by seizing and selling property without a full trial. JP courts cannot hear executory proceedings.
Executory proceedings must be filed in district court, not JP court, even if the amount is under $5,000.
fieri facias
A court order authorizing seizure of property to satisfy a judgment. The constable or sheriff seizes and sells the debtor’s property. Often abbreviated as ‘fi fa.’
A JP can issue a writ of fieri facias to enforce a civil judgment, allowing the constable to seize non-exempt property.
garnishee
A person who receives notice to retain custody of assets in their control that are owed or belong to another person until further notice from the court is received.
In garnishment proceedings, a third party like an employer or bank may be cited as a garnishee to hold property or money belonging to the judgment debtor.
garnishment
A legal process where a creditor can seize money or property held by a third party (like an employer or bank) that belongs to a debtor, to satisfy a judgment.
JPs can issue garnishment orders to enforce civil judgments, subject to exemptions for wages and other protected property.
hearing
A proceeding wherein evidence is taken for purposes of determining an issue of fact or law and reaching a decision on the basis of that evidence.
JP courts conduct hearings for various matters including evictions, peace bonds, preliminary examinations, and civil trials.
immovable
Lands, buildings, and other constructions. Property that cannot be moved or displaced, such as real estate.
JP courts have no jurisdiction over cases involving title to immovable property—such matters must be filed in district court.
in rem
Latin: “against a thing.” Involving or determining the status of a thing, and therefore the rights of persons generally with respect to that thing. In Louisiana, an action in rem is an action brought for the protection of possession, ownership, or other real rights in immovable property.
JP courts have no jurisdiction over in rem or quasi in rem proceedings beyond movable property located within the ward.
indigent
One who is poor and needy and who lacks the financial resources to pay court costs and filing fees.
A person who is indigent may proceed in JP court without paying costs in advance or furnishing security, as provided by Code of Civil Procedure Articles 5181 through 5188.
injunction
A judicial remedy in which the court orders a party to perform a certain action or to refrain from doing or continuing to do a particular act or engaging in a particular activity.
In civil matters, a justice of the peace may only issue injunctions to enforce their own judgments.
judgment
The determination of a court of competent jurisdiction upon matters submitted to it for resolution.
A JP court judgment becomes final unless appealed within the time period specified by law. Money judgments may be enforced through execution.
jurisdiction
The power to hear and determine cases. A court must have jurisdiction over the subject matter, the parties, and the amount in dispute.
JP courts have limited jurisdiction—they can only hear certain types of cases within specific monetary limits and territorial boundaries.
jury trial
A trial of an issue of fact before a jury. A trial where a group of people chosen from eligible citizens decide the facts at issue.
Any case for which a jury is demanded must be filed in district court, not justice of the peace court.
magistrate
A judicial officer with limited authority to handle specific legal matters, often preliminary proceedings in criminal cases.
JPs serve as magistrates for criminal matters with parish-wide authority.
movable
Property that can be moved or displaced, such as personal goods, vehicles, furniture, and equipment. Specifically, all things that the law does not consider as immovables are movables.
JP courts have jurisdiction over suits for the possession or ownership of movable property not exceeding $5,000 in value, located within the ward.
oath
A solemn declaration that one’s statement is true or that one will be bound to a promise. Often administered by a justice of the peace or notary public.
JPs, as ex officio notaries, may administer oaths and affirmations. Witnesses in JP court proceedings are sworn in under oath.
order
A direction of the court on some matter incidental to the main proceeding which adjudicates a preliminary point or directs some step in the proceeding.
JPs issue various orders including citations, rules to show cause, writs of execution, and warrants of eviction.
ordinance
A local law that applies to persons and things subject to the local jurisdiction. Laws enacted by parish or municipal governing bodies.
JP courts may try criminal cases when a parish litter ordinance or other local ordinance provides for trial in justice of the peace court.
parish-wide authority
Jurisdiction that extends throughout an entire Louisiana parish (equivalent to a county in other states).
JPs have parish-wide authority for certain criminal matters like peace bonds and warrants.
peace bond
A court order requiring a person to post a bond (up to $1,000) promising not to commit a threatened crime. If the bond is violated, it may be forfeited.
JPs can issue peace bonds after a contradictory hearing when there is just cause to believe a crime is threatened.
petition
A formal written request presented to a court or other official body, for a certain act to be performed. In civil cases, also referred to as a complaint.
A plaintiff files a petition with the JP court to initiate a civil case. The petition must state the facts and legal basis for the claim.
plaintiff
The person who initiates or brings suit against another. The party who files a complaint or petition seeking relief from the court.
The plaintiff in a JP court case must file a petition, pay required fees (unless indigent), and have the defendant properly served.
preliminary examination
A hearing before a magistrate (like a JP) to determine if there is probable cause to believe a crime was committed and that the accused committed it. This is not a trial, but a screening procedure.
JPs can conduct preliminary examinations for non-capital—not punishable by death—and non-hard-labor—not necessarily punishable by imprisonment with physical work—felonies, though this is rare in practice.
pro se
Latin: “for oneself.” Representing oneself in a legal proceeding without the assistance of an attorney. A person who appears pro se is acting as their own lawyer.
Parties in JP court may appear pro se without an attorney. JP court proceedings are informal, and parties are not required to have legal representation.
probable cause
A reasonable belief, based on facts and circumstances, that a crime has been committed or that property is subject to seizure. A lower standard than proof beyond a reasonable doubt.
JPs must find probable cause—sufficient evidence that a crime likely occurred—before issuing arrest warrants or conducting preliminary examinations.
reconventional demand
A counterclaim filed by a defendant against the plaintiff in the same lawsuit. It allows the defendant to assert their own claims without filing a separate case.
A defendant in JP court can file a reconventional demand if their claim against the plaintiff is also within JP court jurisdiction.
recusal
The removal of a judge from a case due to potential bias or conflict of interest. A JP may voluntarily recuse herself or be recused by motion of a party.
When a JP is recused, the Louisiana Supreme Court appoints a justice of the peace ad hoc to hear the case.
service of process
The formal delivery of legal documents (such as citations, petitions, or summonses) to notify a party that legal action has been filed against them. In JP court, constables typically perform service of process.
Proper service of process is required before a court can proceed with a case against a defendant.
subpoena
A writ issued under authority of a court to compel the appearance of a witness at a judicial proceeding. May also order the production of documents or things.
JPs may issue subpoenas to compel witnesses to appear at hearings or trials. The constable serves subpoenas in JP court matters.
summary proceeding
A simplified, expedited court process used for certain types of cases (like evictions) that moves faster than ordinary proceedings. Fewer formal requirements apply.
Eviction cases in JP court use summary proceedings, allowing for faster resolution than ordinary civil cases.
summons
A mandate requiring appearance of a defendant in an action under penalty of judgment for failure to comply. An official notification from the court that an action is being brought against a defendant.
In criminal matters, JPs may issue a summons instead of an arrest warrant when they have reasonable grounds to believe the person will appear voluntarily.
suspensive appeal
An appeal that stays or suspends the execution of the underlying judgment during the appeal process.
An appeal of an eviction judgment becomes suspensive—staying execution—only if the tenant answers under oath with an affirmative defense and files the appeal bond within 24 hours.
venue
The proper geographic location or court where a case should be filed. In JP court, venue is typically the ward where the property is located or where the defendant resides.
Venue rules determine which JP court has authority to hear a particular case based on location.
ward
A political subdivision within a Louisiana parish, used for electing justices of the peace and constables. JPs have jurisdiction over civil disputes involving property located within their ward.
JPs are elected by qualified voters within their ward or district and have jurisdiction over certain matters within that ward.
warrant
A written order or writ from a competent authority directing performance of a certain act, especially one directing the arrest of a person, issued by a court, body, or official with authority to issue warrants.
JPs may issue arrest warrants for crimes committed in their parish, but only after completing the Attorney General’s Arrest Warrants Course.
writ
A mandatory precept issued by authority and in the name of the sovereign or the state for purposes of compelling a person to perform an act mentioned therein, or refrain from some stated act.
JPs issue various writs including writs of fieri facias for execution of money judgments, writs of possession for evictions, and arrest warrants.