Louisiana Constitution Ancillaries 7 91 – First city court; jurisdiction; pleadings; authority; procedure; costs; appeals; small claims
Terms Used In Louisiana Constitution Ancillaries 7 91
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Probate: Proving a will
- Service of process: The service of writs or summonses to the appropriate party.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Section 91. A. The territorial jurisdiction of the first city court embraces all that part of the city of New Orleans on the left bank of the Mississippi River. It has exclusive original jurisdiction in all cases where the amount in dispute or fund to be distributed does not exceed one hundred dollars, exclusive of interest, including suits for the ownership or possession of movable property not exceeding that amount in value, and including suits by landlords for possession of leased premises when the monthly rent does not exceed one hundred dollars. It has concurrent jurisdiction with the civil district court for the parish of Orleans in all cases except divorce, alimony, titles to real estate and probate matters, when the amount in dispute or fund to be distributed exceeds one hundred dollars but does not exceed one thousand dollars, exclusive of interest, attorney fees, and penalties, including suits for the ownership or possession of movable property not exceeding one thousand dollars in value. It may issue the necessary writs in all cases to carry its jurisdiction into effect, irrespective of the value of the property seized. It has jurisdiction over incidental demands filed therein and necessarily connected with or growing out of the principal demand, irrespective of the amount in dispute or the value of the property. Pleadings therein shall be in writing, except as otherwise provided in this Section.
B. In all cases where the amount involved is less than twenty-five dollars, the pleadings need not be in writing, but the court shall preserve a record of the proceedings in the manner provided by law for trials before justices of the peace. The judges of the court shall assign one of their number to try, during stated periods, such cases under rules and regulations adopted and prescribed by the court.
C. Until otherwise provided by the Legislature, the allotment, re-allotment, and trial of cases, the rules of procedure, the taking of evidence, the rendition and execution of judgments, the service of process, the execution of writs, and the manner of taking appeals shall remain as now provided by law. Costs in the first city court shall be fixed and regulated by the judges in control of the judicial expense fund for the parish of Orleans.
D. Appeals from the first city court in cases where the amount in dispute or the fund to be distributed does not exceed one hundred dollars, exclusive of interest, shall be taken to the civil district court for the parish of Orleans, where they shall be tried de novo, as provided in La. Const. Art. VII, § 81 . Appeals in all other cases shall be taken to the court of appeal for the fourth circuit.
E. The judges of the first city court have authority to celebrate marriages, to issue the necessary licenses therefor, to execute commissions to take testimony, and to receive the fees allowed by law therefor.
The present judges, clerk, and constable for the first city court shall be retained in their respective offices until the expiration of their respective terms, or until their successors have been elected and have qualified.
(Amended by Acts 1926, No. 293, adopted Nov. 2, 1926; Acts 1928, No. 197, adopted Nov. 6, 1928; Acts 1936, No. 64, adopted Nov. 3, 1936; Acts 1952, No. 437, adopted Nov. 4, 1952; Acts 1958, No. 561, adopted Nov. 4, 1958.)