Rules of Court & Statutes Pertaining to Parish Court
Part III. Parish Court For The Parish of Ascension
LSA - R.S. 13:256.1 Creation; Territorial Boundaries
There is hereby established a court to be known and designated as the Parish Court for the Parish of Ascension, State of Louisiana, which is hereinafter referred to as "the court." The territorial boundaries of the court shall extend throughout the entire parish of Ascension and shall include all territory within the boundaries of municipalities of the parish.
LSA - R.S. 13:2563.7 Powers of Judge
The judge of the court may perform marriage ceremonies, require bonds to keep the peace, issue warrants of arrest; examine, commit and admit to bail and discharge; and hold preliminary examinations in all cases not capital, and shall have all the power of a district judge within the limits of the jurisdiction of the court. He also has the authority to issue the necessary writs in all cases in order to carry into effect the jurisdiction of the court. He also has the authority to issue the necessary writs in all cases in order to carry into effect the jurisdiction of the court, irrespective of the value of the property seized.
LSA - R.S. 13:2563.8 Traffic Offenses
The judge of the court shall have the power to fix a schedule of fines, including costs, for the various traffic offenses, and any person charged with such an offense may plead guilty before the sheriff or his deputy, who shall make a record of the plea, and the person so pleading shall pay to the sheriff or his deputy the fine and cost for such offense as fixed by the judge in his schedule of fines for the particular offense. The sheriff or deputy shall notify the clerk of the plea and the clerk shall make an entry of the plea.
LSA - R.S. 13:2563.10 Applicability of Code of Civil Procedure
The provisions of Book VIII of the Louisiana Code of Civil Procedure shall be applicable to the court in all civil cases except as otherwise herein provided.
Uniform Parish Court Jurisdiction and Procedure Act
LSA - R.S. 13:1442 Civil Jurisdiction; in general
The civil jurisdiction of a parish court is limited by the amount in dispute and by the nature of the proceeding, as set forth in R.S. 13:1443 and R.S. 13:14444.
LSA - R.S. 13:1443 Civil Jurisdiction; amount in controversy; eviction suits; injunctive actions
A. Except as otherwise provided by law, the civil jurisdiction of a parish court is concurrent with the district court in cases where the amount in dispute or the value of the property involved does not exceed the jurisdictional amount provided in Code of Civil Procedure Article 4842(A).
B. (1) A parish court shall have jurisdiction, concurrent with the district court, over suits by owners and landlords for the possession of leased premises within its territorial jurisdiction, as follows:
(a) When the amount of the rental does not exceed the jurisdictional amounts provided in Code of Civil Procedure Article 4844(A).
(b) When the suit is to evict an occupant, as defined by Article 7404 of the Code of Civil Procedure, if the annual value of the right of occupancy does not exceed the amount in dispute to which the jurisdiction of the court is limited by Subsection A of this Section.
(2) In computing the jurisdictional amount for purposes of eviction suits, the daily, weekly, monthly, annual, or other rental provided by the lease, exclusive of interest, penalties, or attorney fees shall determine the amount in dispute.
C. When a parish court has subject matter jurisdiction over the principal demand, it may exercise subject matter jurisdiction over any incidental demand properly instituted in connection with the principal demand, regardless of the amount in dispute in the incidental demand.
D. The civil jurisdiction of a parish court is concurrent with the district court in cases or proceedings instituted by the state, a parish, a municipality, or other political subdivision of the state for injunctive relief or other civil relief for the cessation or abatement of any acts or practices committed within the parish court's territorial jurisdiction which may violate any parish or municipal ordinance or any state law; in such case, the court shall have jurisdiction irrespective of the amount in dispute or the value of the property involved.
LSA - R.S. 13:1444 Civil Jurisdiction; limitations
Except as otherwise provided by law, a parish court has no jurisdiction in any of the following cases or proceedings:
(1) A claim of title to immovable property.
(2) A case involving the right to public office or position.
(3) A case in which the plaintiff asserts civil or political rights under the federal or state constitutions.
(4) A Claim for annulment of marriage, divorce, separation of property, or alimony.
(5) A succession, interdiction, receivership, liquidation, habeas corpus, or quo warrant to proceeding.
(6) A case in which the state, or a parish, municipal, or other political subdivision is a defendant.
(7) A Case where the action is against an officer or employee of the state, a state agency, or a political subdivision arising out of the discharge of his official duties or within the course and scope of his employment, or the suit is otherwise subject to the provisions of
(8) Any other case or proceeding excepted from the jurisdiction of theses courts by law.
LSA - R.S. 13:1445 Juvenile Jurisdiction
The parish court shall be a juvenile court for the parish and shall exercise jurisdiction, concurrent with that of the district court, over juvenile matters, except where a separate juvenile or family court with exclusive jurisdiction is established by law.
LSA - R.S. 13:1446 Criminal Jurisdiction
A. The parish court shall have criminal jurisdiction over all violations of state law and parish or municipal ordinances committed within its territorial jurisdiction which are punishable by a fine not exceeding on thousand dollars or by imprisonment not exceeding six months or both. This jurisdiction shall be concurrent with any jurisdiction conferred by law upon the district court.
B. As to all other violations of state law or of a parish or municipal ordinance, the parish court shall have the power to issue warrants of arrest, to examine, commit, admit to bail and discharge, and to hold preliminary examinations in all cases not capital.
LSA - R.S. 13:1448 Jurisdiction over Person and Property
A. A parish court may exercise jurisdiction over the person to the same extent and in the same manner as a district court.
B. A parish court may exercise jurisdiction quasi in rem over movable or immovable property, or jurisdiction in rem of movable property, in the manner provided by law, if the property is situated within the territorial jurisdiction of the court.
C. A parish court may issue a writ of seizure and sale in an executory proceeding to enforce a privilege or mortgage on movable or immovable property.
LSA - R.S. 13:1449 Venue
Venue in suits in a parish court shall be determined in the same manner as venue in suits brought in the district court.
LSA - R.S. 13:1450 No Trial by Jury
A. There shall be no trial by jury in any case in a parish court.
LSA - R.S. 13:1451 Civil Procedure
Except as provided by R.S. 13.1452 for appeals of civil cases:
(1) If the amount in dispute or the value of the property involved in the civil case does not exceed three thousand dollars, the procedure in such a civil case in a parish court shall be governed by Book VII of the Louisiana Code of Civil Procedure regulation procedure in city courts.
(2) If the amount in dispute or the value of the property involved exceeds three thousand dollars, the procedure shall be the same as provided by law for civil cases in the district court.
LSA - R.S. 13:1452 Appeals in Civil Cases
Appeal from a civil judgment rendered by a parish court may be taken to the court of appeal. The appeal shall be on the record and shall be taken in the same manner an appeal from the district court, except that a suspensive or a devolutive appeal must be taken within ten days after the date of the judgment or after service of notice judgment, when such notice is necessary, or, if timely application for a new trial made, within ten days after denial of an application for a new trial.
Sec. 1453. Criminal Procedure
The procedure in a criminal proceeding in a parish court shall be as provided by the Code of Criminal Procedure.
Louisiana Code of Civil Procedure
Art. 4842. Parish Court jurisdiction; amount in dispute; injunctive actions by a political subdivision
A. Except as otherwise provided by law, the civil jurisdiction of a parish court is concurrent with the district court in cases where the amount in dispute, or the value of the property involved, does not exceed twenty thousand dollars.
Rules of the Parish Court for the Parish of Ascension
RULE I. SESSIONS AND TERMS OF COURT
Section A. Civil Sessions: The judge shall sit and hold court in the municipalities of Gonzales, Donaldsonville and Sorrento. The dates and locations of these sessions are as per the Parish Court Schedule.
Section B. Criminal Sessions: All criminal sessions of the court will be in accordance with the Parish Court Schedule.
Section C. Juvenile Court Sessions: Juvenile Court will be in accordance with the Parish Court Schedule.
RULE II. REGULAR HOURS OF COURT
Unless otherwise ordered by the Court all sessions of Parish Court will begin at 9:00 o'clock a.m.
RULE III. PLEADINGS
All pleadings, motions, orders and judgments, except forms furnished by the Clerk of Court, shall be in the original double-spaced, with a two-inch margin from the top of the page, and a one-inch margin from each side, on sheets of 8 1/2 x 14 inches, white paper of sufficient thickness so as not to be transparent, endorsed with the title of the Court and the nature of the suit and containing those matters required by law.
RULE IV. REPRESENTATION OF PARTIES
No one shall be permitted to represent any party to any proceeding, not even to the extent of making any motion or confirming any default therein, unless he is counsel of record or unless he is an attorney in fact for a party litigant.
RULE V. DECORUM
Proceedings in Court shall be conducted at all times with fitting dignity and decorum and for the purpose of deciding the issues involved with justice and impartiality. In furtherance thereof, the taking of photographs, broadcasting, televising, and any other act or acts which may interfere with the orderly process of Court are prohibited in the courtroom and in the corridors adjacent thereto during session of the Court and recess between sessions.
RULE VI. AMENDMENT TO RULES
These rules may be amended, supplemented or changed at any time by the Judge of the Parish Court for the Parish of Ascension.
Any issues not addressed in these rules are hereby governed by the Uniform Rules for Louisiana District Courts to the extent applicable.