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Art. 1878.Supplemental Relief; Expedited Hearing For Constitutional Determination; Effect of Pendency of Other Proceedings

Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 2. Declaratory Judgments · Last amended 2014 · Last verified July 30, 2026

In one sentenceArticle 1878 lets a party who already holds a declaratory judgment petition for further relief based on it, and separately requires courts to give preferential, expedited treatment to declaratory actions over the constitutionality of state fund expenditures, even while an injunction or mandamus petition is pending.

Full Text of Art. 1878

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A. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is considered sufficient, the court, on reasonable notice, shall require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith. B. In any action or proceeding seeking a declaratory judgment as to the constitutionality of the expenditure of state funds, the court shall set the matter with preference and proceed to hear and determine the matter as expeditiously as the ends of justice may require, notwithstanding resolution of a pending petition for injunction sought pursuant to Article 3601 or a petition for mandamus sought pursuant to Article 3862.

Amendment History

Amended by Acts 2014, No. 41, §1, eff. 8/1/2014.

Plain-English Summary

Paragraph A of Article 1878 addresses what happens after a court has already declared the parties' rights. A declaratory judgment answers the legal question, but a party may still need something more to make that answer count. This paragraph lets that party petition a court with jurisdiction for further relief based on the declaration. If the petition is sufficient, the court gives the adverse party reasonable notice and requires that party to show cause why the further relief should not be granted. That spares the winning party from starting an entirely separate lawsuit just to enforce what the declaratory judgment already established.

Paragraph B addresses a narrower and more urgent situation: a declaratory action over whether spending state funds is constitutional. Because these cases can affect public programs and budgets while they remain unresolved, the article requires the court to set the matter with preference and move as quickly as the interests of justice allow. That expedited treatment applies even if an injunction petition or a mandamus petition touching the same funds is also pending, so a slower proceeding on the side cannot hold up the constitutional determination.

Together, the two paragraphs show the chapter's practical bent: declaratory relief is not meant to be the end of the story when more relief is needed, and it is not meant to move at a leisurely pace when public money and constitutional questions are on the line.

Frequently Asked Questions

What is "supplemental relief" after a declaratory judgment under Article 1878?

It is further relief a court can grant, beyond the declaration itself, once a declaratory judgment has already established the parties' rights.

How does a party ask for supplemental relief under Article 1878?

By petitioning a court with jurisdiction to grant the relief; if the petition is sufficient, the court requires the adverse party to show cause why the relief should not be granted.

Why does Article 1878 require expedited hearings for state-fund constitutional challenges?

Because a delay in resolving whether a state expenditure is constitutional can affect public funds and programs while the case remains pending, so the article requires the court to hear the matter with preference and as expeditiously as justice allows.

Does a pending injunction or mandamus case delay a state-funds constitutional challenge?

No. Article 1878 requires the expedited hearing to proceed notwithstanding a pending petition for injunction or for a writ of mandamus.

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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