Session Information

2008 Session Highlights

Civil Law & Procedure

Several bills were introduced during the 2008 Regular Session of the Legislature seeking to increase the jurisdictional amounts of courts. House Bill 143 by Representative Cromer (Act 195) requires that in the Slidell City Court, small claims division, the civil jurisdictional amount in controversy to be the same as the amount established for civil jurisdiction in a justice of the peace court. Prior to the passage of Act 195, each city court was authorized to establish by court rule one or more small claims divisions which shall be a court not of record and shall have civil subject matter jurisdiction in cases where the amount in dispute does not exceed $3,000, exclusive of interest, court costs, attorney fees, or penalties. House Bill 129 by Representative Monica (Act 338) increases the civil jurisdictional amount in dispute for justice of the peace courts from $3,500 to $5,000. The increase in the civil jurisdiction amount in dispute includes suits for the possession or ownership of movable property by landlords or lessors for eviction proceedings.

Senate Bill 55 by Senator Morrish (Act 44) adds the City Court of Jennings to those city courts having civil jurisdiction where the amount in dispute or the value of property involved does not exceed $30,000. Under present law, as a general rule, civil jurisdiction for city courts is concurrent with that of district courts in cases where the amount in dispute or the value of the property involved does not exceed $15,000. In the city courts of Hammond and Oakdale, the civil jurisdiction is concurrent with the district court in cases where the amount in dispute or the value of property involved does not exceed $30,000.

House Bill 393 by Representative Greene Act (354) adds an additional requirement that plaintiffs seeking to confirm a divorce filed pursuant to Louisiana Civil Code Article 103(1) submit to the court a certification which includes information regarding the type and date of service, the date a preliminary default was entered, a certification by the clerk that the record was examined, and a statement that no opposition has been filed. House Bill 424 by Representative Greene (Act 357) provides that an action to collect on a promissory note may be brought in the parish where the promissory note was executed or in the parish fo the domicile of the debtor. Presently, an action to collect an open account may be brought in the parish where the open account was created, where the services are to be performed, or in the parish of the domicile of the debtor.

SCR 27 by Senator Marionneaux (enrolled) requests the Louisiana State Law Institute to study the law regarding successions in light of the phase out of the inheritance tax provisions and to report its findings to the legislature prior to the convening of the 2009 Regular Session.

Currently a clerk of court, the Orleans Parish register of conveyance, or the Orleans Parish recorder of mortgages to adopt and implement a published plan which provides for the acceptance of an electronic record of any recordable written instrument except original maps, plats, property descriptions, or photographs as related to the work of a professional surveyor engaged in the practice of land surveying for filing and recording submitted by any department, political subdivision, agency, branch, entity, or instrumentality of the state or of the federal government or of a chartered financial institution. The filer of an electronic record to certify to the recorder that the written instrument from which the electronic record is taken conforms to all applicable laws relating to the form and content of instruments which are submitted in writing. House Bill 828 by Representative Henry (Act 368) authorizes a recorder to adopt a written contract between the clerk of court, the Orleans Parish register of conveyances or the Orleans Parish recorder of mortgages, and the filer which complies with the Louisiana Uniform Electronic Transactions Act.