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Art. 1631.Power of Court Over Proceedings; Exclusion of Witnesses; Mistrial

Book II. Ordinary Proceedings · Title V. Trial · Chapter 4. Trial Procedure · Last amended 1995 · Last verified July 30, 2026

In one sentenceArticle 1631 gives the trial court authority to run proceedings with dignity, order, and speed, cross-references the Code of Evidence's witness-exclusion rule, and lets the court grant a mistrial on its own motion or any party's motion after a hearing.

Full Text of Art. 1631

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A. The court has the power to require that the proceedings shall be conducted with dignity and in an orderly and expeditious manner, and to control the proceedings at the trial, so that justice is done. B. The exclusion of witnesses is governed by Louisiana Code of Evidence Article 615. C. The court on its own motion, or on the motion of any party, after hearing, may grant a mistrial.

Amendment History

Amended by Acts 1966, No. 36, §1; Acts 1988, No. 515, §2, eff. 1/1/1989; Acts 1995, No. 411, §1.

Plain-English Summary

Article 1631 grants the trial court broad authority over how a case is conducted. The court can require that proceedings be handled with dignity, in an orderly and expeditious manner, and it can control the proceedings generally so that justice is done, the purpose behind the rest of the courtroom-management power the article grants.

Sequestering witnesses, so they cannot tailor their testimony to what earlier witnesses said, is governed by the Louisiana Code of Evidence's own Article 615, not spelled out here. Article 1631 anchors that power within the court's general authority over trial proceedings.

The court can also grant a mistrial, either on its own motion or on any party's motion, but only after a hearing, a check against scrapping a trial already underway without giving the parties a chance to be heard first.

Frequently Asked Questions

What general authority does Article 1631 give a trial judge?

Authority to control courtroom proceedings so they are conducted with dignity, in an orderly and expeditious manner, and so that justice is done.

Where are Louisiana's witness-sequestration rules found?

In the Louisiana Code of Evidence's Article 615, which Article 1631(B) cross-references rather than restates.

Can a judge grant a mistrial without either party asking for one?

Yes, on the court's own motion, but only after a hearing.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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