§ 13:2586 — Jurisdiction and procedure

§2586. Jurisdiction and procedure
A. Justices of the peace shall have concurrent jurisdiction with the district courts in
all civil matters as set forth in Code of Civil Procedure Articles 4911 through 4913.
B. They shall have no jurisdiction in succession or probate matters, or when a
succession is a defendant, or when the state, parish, or municipality, or other political
corporation, is a party defendant, or when the title to real estate is involved.
C.(1) They shall have criminal jurisdiction parishwide as committing magistrates and
shall have the power to bail or discharge, in cases not capital or necessarily punishable at
hard labor, and may require bonds to keep the peace.
(2) A justice of the peace shall have concurrent jurisdiction over the litter violations
occurring anywhere in the parish in which the court is situated, which are prohibited by R.S.
30:2531(B) or any ordinance of a parish governing body providing for litter abatement or
control that provides that the trial for the violation of any such ordinance may be in a justice
of the peace court. In addition, a constable may issue summons and serve subpoenas for such
violations occurring anywhere in the parish in which his court is situated. However, the
penalty that may be imposed by a justice of the peace in connection with a litter violation
prohibited by R.S. 30:2531(B) shall be limited to the range of fines allowed by that
Subsection.
(3) A justice of the peace shall not have the authority to issue a warrant for the arrest
of a law enforcement officer for acts performed while in the course and scope of his official
duties.
(4) Upon the favorable passage of a local ordinance by a parish governing authority,
a justice of the peace in said parish shall have concurrent jurisdiction over the violations for
removal, disposition, or abandonment of objects, of a value not to exceed the civil
jurisdictional limits of the justice of the peace court, that occur anywhere in the parish in
which the court is situated, which are prohibited by R.S. 34:843 or any ordinance of a parish
governing body that provides for the violation of any such ordinance may be in a justice of
the peace court. In addition, a constable may issue summons and serve subpoenas for such
violations occurring anywhere in the parish in which his court is situated. However, the
penalty that may be imposed by a justice of the peace in connection with a removal,
disposition, or abandonment violation prohibited by R.S. 34:843 shall be limited to the range
of fines and penalties allowed by that Section.
(5) A justice of the peace court in Caddo Parish shall have concurrent jurisdiction
over property standards violations within its territorial jurisdiction, pursuant to local
ordinance. In addition, a constable of a justice of the peace court in Caddo Parish may issue
summons and serve subpoenas for such violations occurring anywhere within the territorial
jurisdiction of the justice of the peace court.
(6)(a) A constable of a justice of the peace court in St. Tammany Parish may issue
a summons or serve a subpoena anywhere within St. Tammany Parish for a property
standards or nuisance violation adopted pursuant to local ordinance.
(b) A justice of the peace court in St. Tammany Parish shall have concurrent
jurisdiction over a property standards or nuisance violation adopted pursuant to local
ordinance, except as provided in Subparagraph (c) of this Paragraph.
(c) In Ward 8, a property standards or nuisance violation adopted pursuant to local
ordinance shall be prosecuted in City Court of East St. Tammany or Ward 8 Justice of the
Peace Court. In Ward 9, a property standards or nuisance violation adopted pursuant to local
ordinance shall be prosecuted in City Court of East St. Tammany.
(7) A justice of the peace court in Avoyelles Parish shall have concurrent jurisdiction
over property standards and nuisance violations anywhere in the parish in which the court
is situated, pursuant to local ordinance. In addition, a constable of a justice of the peace
court in Avoyelles Parish may issue summons and serve subpoenas for such violations
occurring anywhere within the territorial jurisdiction of the justice of the peace court.
(8) A justice of the peace court in Evangeline Parish shall have concurrent
jurisdiction over property standards and nuisance violations anywhere in the parish in which
the court is situated, pursuant to local ordinance. In addition, a constable of a justice of the
peace court in Evangeline Parish may issue summons and serve subpoenas for such
violations occurring anywhere within the territorial jurisdiction of the justice of the peace
court.
D. Persons found liable in a justice of the peace court for a violation pursuant to
Subsection C of this Section shall have the right of direct appeal to the district court by trial
de novo for the parish in which the justice of the peace court is situated. The appeal must
be filed within ten days of the date of the judgment and notice of the appeal must be given
within the ten-day period to the justice of the peace who adjudicated the matter, the district
court to which the matter is being appealed, and the district attorney for the district in which
the parish and justice of the peace court are located. The appeal from a decision of the
district court shall be the same as provided by law for appeals of civil matters adjudicated
by a district court. If the judgment is sustained on appeal, the defendant may be assessed
additional court costs by the district court as authorized by law.
E.(1) A justice of the peace who renders a judgment shall retain original jurisdiction
over that judgment, the enforcement, and collection of garnishments, judgment debtor
examinations, and the issuance of any writ to enforce its judgment.
(2) The constable of the justice of the peace court shall have authority parishwide to
enforce a judgment of the justice of the peace court as provided for in Paragraph (1) of this
Subsection.
F. A constable of the justice of the peace court is authorized to effectuate service of
process within the parish of that court for any case before that court.

Legislative History

Acts 1960, No. 32, §4, eff. Jan. 1, 1961 Amended by Acts 1975, No.329, §1; Acts 1977, No. 107, §1; Acts 1980, No. 534, §1; Acts 1982, No. 823, §1; Acts 1983, No. 55, §1; Acts 1985, No. 403, §1; Acts 1986, No. 156, §2; Acts 1989, No. 296, §1; Acts 1993, No. 579, §1; Acts 1998, 1st Ex. Sess., No. 148, §2; Acts 2003, No. 493, §1; Acts 2003, No. 950, §1, eff. Jan. 1, 2004; Acts 2004, No. 359, §1; Acts 2008, No. 340, §1; Acts 2008, No. 656, §1; Acts 2019, No. 28, §1, eff. May 30, 2019; Acts 2020, No. 205, §1, eff. June 11, 2020; Acts 2024, No. 244, §1.