Court System Overview
This guide translates Louisiana’s Justice of the Peace Court rules into plain language. Every section references original statutes for verification.
Jurisdiction at a Glance
Section titled “Jurisdiction at a Glance”Justice of the Peace Courts handle a defined range of matters. The Louisiana Code of Civil Procedure establishes their authority:
| Category | Jurisdiction |
|---|---|
| Civil Disputes | Up to $5,000 (excluding interest and costs) |
| Evictions | Residential: unlimited rent amount. Commercial: up to $5,000/month |
| Criminal | Magistrate: peace bonds, warrants, criminal summons |
| Territory | Civil: within the ward. Criminal: parish-wide |
What a JP Can Do
Section titled “What a JP Can Do”Civil Authority:
- Hear contract disputes, property damage claims, and debt collection under $5,000
- Preside over eviction proceedings
- Issue garnishments to collect on judgments
- Order seizure and sale of movable property
- Conduct judgment debtor examinations
Magistrate Authority:
- Issue arrest warrants based on probable cause
- Set bail for non-capital offenses
- Issue peace bonds to prevent breach of peace
- Conduct preliminary examinations
Ministerial Functions:
- Perform marriage ceremonies (parish-wide)
- Notarize limited documents as ex officio notary
- Administer oaths and affidavits
What a JP Cannot Do
Section titled “What a JP Cannot Do”The Code of Civil Procedure excludes specific matters from JP jurisdiction:
- Real estate disputes — title to immovable property is required to go to district court
- Family law — divorce, separation, alimony, and child custody
- Successions and estates — probate matters belong in district court
- Suits against government — claims against the state, parish, or municipality
- Jury trials — JPs cannot empanel juries
- Injunctions — no authority to issue restraining orders (except to enforce their own judgments)
- Juvenile matters — no jurisdiction over minors in civil or criminal proceedings
- Criminal trials — magistrate duties only; no authority to try criminal cases (except litter violations)
Court Structure
Section titled “Court Structure”Each parish divides into wards, and voters in each ward elect their Justice of the Peace to a six-year term. The JP serves as the sole judge for that ward’s court.
Appeals from JP Court receive a trial de novo in district court—a complete new trial, not a review of the record. This structure acknowledges the informal nature of JP proceedings.
Accountability
Section titled “Accountability”Louisiana imposes strict oversight on JP courts:
- Training requirements — annual certification through the Attorney General’s office
- Code of Judicial Conduct — binding ethical standards with disciplinary enforcement
- Financial audits — Legislative Auditor publishes annual reports on JP court finances
- Fee restrictions — state law prohibits JPs from charging extra fees in criminal matters
Using This Guide
Section titled “Using This Guide”Each topic in this guide includes:
- Plain-language explanation of the law
- Statute references for verification
- Practical information for court users
The guide covers civil proceedings, evictions, magistrate functions, and ministerial services. Use the navigation to explore specific topics or start with the FAQ for common questions.