Louisiana Revised Statutes 13:5207.1 – Request for arbitration
Terms Used In Louisiana Revised Statutes 13:5207.1
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Plaintiff: The person who files the complaint in a civil lawsuit.
A. Upon filing an action in small claims court pursuant to La. Rev. Stat. 13:5203 et seq., a plaintiff may request in writing that the proceeding be referred for arbitration. Within ten days after service of a small claims proceeding on any party, that party may request in writing that the proceeding be referred for arbitration.
B. Notice that a request for arbitration has been filed shall be served in accordance with La. Rev. Stat. 13:5204 and shall contain language in substantially the following form:
“ARBITRATION OF THIS MATTER HAS BEEN REQUESTED. YOU MAY PREVENT ARBITRATION AND HAVE THE MATTER TRIED IN SMALL CLAIMS COURT BY FILING A WRITTEN OBJECTION WITH THE CLERK OF THE SMALL CLAIMS COURT NO LATER THAN TEN DAYS FROM THE DATE ON WHICH YOU RECEIVE THIS NOTICE. COPIES OF THE WRITTEN OBJECTION SHOULD BE SENT TO ALL OTHER PARTIES IN THIS MATTER.”
C. The party requesting arbitration shall cause notice of the request to be served on all other parties to the proceeding.
D. When a timely written request for arbitration has been filed, the clerk of court shall transfer the proceedings to arbitration unless a timely written objection to arbitration is filed by a party.
E. Any party may file with the clerk of court a written objection to arbitration within ten days after the date on which the party is served with notice of a request for arbitration. A copy of the written objection shall be served on all other parties to the proceeding. If any timely written objection is filed by any party, the proceeding shall be heard in small claims court.
F. Notwithstanding the provisions of this Section, a judge in a small claims proceeding retains the authority to refer the proceeding to an arbitrator as provided by La. Rev. Stat. 13:5207.
G. All cost of arbitration shall be borne by the litigants.
Acts 1992, No. 489, §1, eff. June 20, 1992.