Louisiana Revised Statutes 13:1213 – Fees; enumeration
Terms Used In Louisiana Revised Statutes 13:1213
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- Executor: A male person named in a will to carry out the decedent
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Oath: A promise to tell the truth.
- Probate: Proving a will
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
For the services of the clerk of the civil district court, the following amounts shall be charged, to be collected as hereinafter provided:
(1) For filing and docketing every original petition with bond, affidavit, note, or account, and all other documents accompanying the petition, or any pleading which is the basis of a suit or proceeding in court, and to cover all necessary orders of court thereon, the entering of final judgment therein, and the recording of the petition, answer, and final judgment, for all, five dollars.
(2) For issuing each citation and one copy, for both, with certificate and seal, fifty cents.
(3) For filing any answer, supplemental petition, intervention, exception, motion, rule, or other proceeding or document, other than those accompanying the original petition, for each, thirty cents.
For each order of court thereon, twenty-five cents.
(4) For issuing copy of petition, answer, supplemental petition, rule, motion, or other paper, required to be copied by the clerk in the progress of any case in court, with certificate and seal, for each one hundred words or part thereof, twenty-five cents.
(5) For issuing writ of attachment, with certificate and seal, one dollar.
(6) For issuing writ of attachment against non-resident (four copies), all with certificate and seal, for all, two dollars.
(7) For issuing writ of sequestration, with certificate and seal, one dollar.
(8) For issuing writ of injunction and one copy, with certificate and seal, one dollar.
For each additional copy, fifty cents.
(9) For issuing writ of mandamus and one copy, with certificate and seal, one dollar.
For each additional copy, fifty cents.
(10) For issuing writ of certiorari and one copy, with certificate and seal, seventy-five cents.
For each additional copy, fifty cents.
(11) For issuing writ of habeas corpus, with certificate and seal, to be charged in civil cases only, one dollar.
(12) For issuing writ of seizure and sale, with certificate and seal, one dollar.
(13) For issuing writ of distringas and one copy, with certificate and seal, one dollar.
For each additional copy, fifty cents.
(14) For issuing writ or warrant of possession and one copy, with certificate and seal, one dollar.
For each additional copy, twenty-five cents.
(15) For issuing subpoena duces tecum and one copy, with certificate and seal, fifty cents.
For each additional copy, fifty cents.
(16) For issuing a subpoena for a witness, twenty cents.
(17) For issuing notice of judgment and one copy, with certificate and seal, fifty cents.
(18) For issuing notice of appeal and one copy, with certificate and seal, fifty cents.
(19) For issuing attachment to bring person into court or for contempt, one dollar.
(20) For issuing venire facias in each case in which a jury may be prayed for and granted, and for swearing the jury, whether the jury be impaneled or not, for both, one dollar.
(21) For issuing writ of fieri facias, with certificate and seal, seventy-five cents.
(22) For issuing notice of demand and one copy, with certificate and seal, seventy-five cents.
For each additional copy, twenty-five cents.
(23) For issuing notice to creditors of insolvents and one copy, with certificate and seal, for each creditor, twenty cents.
(24) For issuing commissions to take testimony of witnesses, or answers to interrogatories, with certificate and seal, fifty cents.
(25) For issuing notice of trial, notice to take testimony, notice to cross interrogatories, notice of appointment to attorney at law, syndic, curator, attorney for absent heirs, appraiser, expert, auditor, umpire, arbitrator, liquidator, executor, administrator, tutor, receiver, notary, auctioneer, or other officer appointed by court, when such notice is required or ordered to be issued, for each original and one copy, with certificate and seal, fifty cents.
(26) For filing and docketing each petition for notice of an application for appointment as administrator under Article 3091 of the Code of Civil Procedure, one dollar and fifty cents. If this petition is the first pleading filed in the succession proceeding, the clerk may charge additionally all of the fees allowed him for opening the record of the succession proceeding except the stenographer’s fee.
(27) For issuing letters of appointment or confirmation of any tutor, curator, administrator, executor, syndic, liquidator, receiver, or other officer appointed or confirmed by court, for each original and one copy, with certificate and seal, one dollar.
For each additional copy, fifty cents.
(28) For taking and recording every bond of an administrator, executor, curator, tutor, liquidator, syndic, receiver, or other officer, one dollar.
(29) For issuing the oath of every administrator, executor, curator, tutor, undertutor, liquidator, syndic, receiver, auditor, expert, arbitrator, umpire, appraiser, or other officer or person appointed or confirmed by court, fifty cents.
(30) For administering oaths in all cases and for affixing jurat and seal to affidavit, for all, twenty-five cents.
(31) For each certificate prepared by the clerk and signed by the judge, one dollar.
(32) For preparing advertisements for newspapers, fifty cents.
(33) For preparing certificate of proof of publication, with jurat and certificate and seal, and for administering oath thereto, for all, twenty-five cents.
(34) For taking down testimony in court on probate of wills, and writing the necessary order and decrees in such matters, for all, two dollars and fifty cents.
(35) For each declaration of change of domicile, for all costs therein, one dollar and fifty cents.
(36) For all proceedings in connection with a confession of judgment, including a copy of the final judgment therein, two dollars and fifty cents.
(37) For each uncontested emancipation proceeding, including a copy of the final judgment, five dollars.
(38) In all cases of successions where the heirs are recognized and sent into possession, without other proceedings, for all costs, ten dollars.
(39) For each proceeding for nomination uncontested, for all costs therein except advertising, ten dollars.
(40) For entering satisfaction of judgment no charge shall be made, but for each copy thereof, with certificate and seal, seventy-five cents.
(41) For each declaration of intention to become a citizen of the United States, for all proceedings therein, including necessary copy of certificate with seal, one dollar.
(42) For each proceeding naturalizing a foreigner as a citizen of the United States, including one copy of certificate with seal, for all, one dollar and fifty cents.
(43) For copies of all acts, records, or papers the originals of which are of record in his office, including transcripts of appeal, with certificate and seal, for each one hundred words, twenty-five cents.
(44) For filing and recording all acts of conveyance of real property sold by the sheriff, including certificate and seal, for each hundred words, twenty-five cents.
(45) No charge shall be made for entries on the minutes in any case, nor for calling, fixing, posting, or continuing any case, for swearing witnesses or jurors, or for filing the returns upon process of any kind.
All the costs for taking testimony shall be paid by the party on whose behalf the witness shall have been called; and no judgment shall be rendered in favor of any party whose testimony shall not have been first paid for and filed. In the event of an appeal, no testimony shall be copied into the transcript unless it has been paid for and filed. Any testimony not paid for by the party at whose instance it was taken may be used as evidence in the cause on being properly paid for and filed by anyone having an interest therein, and the amount so paid shall be taxed as costs in the case.
Amended by Acts 1960, No. 32, §1, eff. Jan. 1, 1961.