La. Stat. tit. 13 § 2590

Current with operative changes from the 2024 Third Special Legislative Session

Section 13:2590 - Security for costs

A. A justice of the peace may demand and receive up to the following amounts in all civil matters:

(1) New suit: one hundred thirty dollars, and twenty dollars per additional defendant.

(2) Eviction proceeding: one hundred twenty dollars, and twenty dollars per additional defendant.

(3) Writ of execution: sixty dollars, and twenty dollars per additional defendant.

(4) Appointment of keeper/curator: sixty dollars, plus storage cost if necessary.

(5) Writ of sequestration: thirty dollars, and twenty dollars per additional defendant.

(6) Motion and order to show cause (leased movables): sixty dollars, and twenty dollars per additional defendant.

(7) Petition to make judgment executory (except garnishment): sixty dollars, and twenty dollars per additional defendant.

(8) Reconventional or third-party demand; cross-claim; intervention: thirty dollars, and twenty dollars per additional party.

(9) Writ of fieri facias and execution: sixty dollars, and twenty dollars per additional defendant.

(10) Garnishment, writ of attachment through garnishment: sixty dollars, and twenty dollars per additional defendant, plus fifteen dollars for attorney answering any interrogatories.

(11) Service of garnishment pleadings and order on defendant when garnishee is a financial institution: forty dollars, and twenty dollars per additional defendant.

(12) Interrogatories to be served: forty dollars, and twenty dollars per additional party.

(13) Motion for new trial: forty dollars, and twenty dollars per additional party.

(14) Petition for deficiency judgment (executory process): eleven dollars and fifty cents, and forty dollars for one defendant, and twenty dollars per additional defendant.

(15) Reissuance of citation and petition: forty dollars, and twenty dollars per additional defendant.

(16) Request for admissions to be served: forty dollars, and twenty dollars per additional party.

(17) Rule to show cause: forty dollars, and twenty dollars per additional party.

(18) Supplemental or amended pleading: thirty dollars, and twenty dollars per additional party.

(19) Motion to amend judgment: thirty dollars, and twenty dollars per additional party.

(20) Judgment debtor rule: eighty dollars, and twenty dollars per additional defendant.

(21) Motion for summary judgment: forty dollars, and twenty dollars per additional party.

(22) Subpoena or subpoena duces tecum: forty dollars.

(23) Service of judgment: thirty dollars per party.

(24) Service of private process server: twenty dollars per party served.

(25) Act of congress: eleven dollars, and twenty dollars per additional party.

(26) Certified copies: one dollar per page.

(27) Copy of prepared transcript: fifty cents per page.

(28) Preparation of transcript: one dollar per page.

(29) Motion or petition for appeal: twenty dollars.

(30) Additional or out-of-district service of process: thirty dollars per service.

(31) Notice of seizure in garnishment: twenty dollars.

(32) Any other pleading or motion not listed, thirty dollars.

B.

(1) Fifty percent of the court costs collected pursuant to Subsection A of this Section shall be retained by the justice of the peace for compensation and operational expenses of the office and court, and fifty percent of the court costs shall be used for compensation and operational expenses of the ward constable's office.

(2) Notwithstanding Paragraph (1) of this Subsection, in cases with out-of-constable jurisdiction, the justice of the peace and his ward constable's office may enter into an agreement whereby the justice of the peace shall pay any applicable fees directly to the out-of-jurisdiction server. The justice of the peace shall pay such fees from his ward constable office's portion of the court costs.

C. The fee for which the constable of a justice of the peace court is entitled pursuant to R.S. 13:5807(A)(14) for collecting money for execution of a writ, without either seizure or sale, shall be used for compensation and operational expenses of the ward constable's office.

D. Except when the plaintiff is relieved from the necessity of paying costs or furnishing security therefor, under Code of Civil Procedure Articles 5181 through 5188 or R.S. 13:4521, a justice of the peace may demand that the plaintiff provide costs in advance.

La. R.S. § 13:2590

Added by Acts 1960, No. 32, §4, eff. Jan. 1, 1961. Amended by Acts 1966, No. 353, §1; Acts 1980, No. 551, §1; Acts 1982, No. 184, §1; Acts 1983, No. 122, §1, eff. June 24, 1983; Acts 1984, No. 501, §1; Acts 1985, No. 803, §1; Acts 1987, No. 618, §1; Acts 1992, No. 960, §1; Acts 1995, No. 1237, §1; Acts 1999, No. 1259, §1; Acts 2007, No. 72, §1; Acts 2013, No. 149, §1; Acts 2017, No. 232, §1; Acts 2018, No. 261, §1; Acts 2023, No. 61, §1.

Amended by Acts 2023, No. 61,s. 1, eff. 8/1/2023.

Amended by Acts 2018, No. 261,s. 1, eff. 8/1/2018.

Amended by Acts 2017, No. 232,s. 1, eff. 8/1/2017.

Amended by Acts 2013, No. 149,s. 1, eff. 8/1/2013.

Added by Acts 1960, No. 32, §4, eff. 1/1/1961. Amended by Acts 1966, No. 353, §1; Acts 1980, No. 551, §1; Acts 1982, No. 184, §1; Acts 1983, No. 122, §1, eff. 6/24/1983; Acts 1984, No. 501, §1; Acts 1985, No. 803, §1; Acts 1987, No. 618, §1; Acts 1992, No. 960, §1; Acts 1995, No. 1237, §1; Acts 1999, No. 1259, §1; Acts 2007, No. 72, §1.