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Art. 191.Inherent Judicial Power

Title I. Courts · Chapter 4. Power and Authority · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 191 declares that a Louisiana court holds, on its own authority, every power it needs to exercise its jurisdiction, whether or not the legislature has spelled that power out in a statute.

Full Text of Art. 191

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A court possesses inherently all of the power necessary for the exercise of its jurisdiction even though not granted expressly by law.

Plain-English Summary

Article 191 states a foundational principle of Louisiana civil procedure: a court does not need express statutory permission for every action it takes to manage a case. Once a court has jurisdiction over a matter, it inherently possesses whatever authority is necessary to carry that jurisdiction out. This is the doctrinal root beneath many of the powers this chapter goes on to describe in more detail — appointing experts and interpreters, signing orders from wherever the judge happens to be, adopting local rules, and punishing contempt.

Courts have relied on this article to fill gaps the legislature never anticipated: managing discovery disputes, imposing sanctions for bad-faith litigation conduct, or controlling the presentation of evidence at trial, none of which a specific statute might address in full. The inherent-power doctrine gives a judge room to respond to problems as they arise rather than waiting for the legislature to enact a rule covering every contingency.

That flexibility has a limit. A court cannot invoke Article 191 to bypass procedures the law does require, such as the notice and hearing a party is due before facing a sanction or a finding of contempt. Inherent power fills gaps in the law; it does not override the specific procedural protections the law already guarantees.

Frequently Asked Questions

What does it mean for a court to have “inherent” power?

It means the power exists as part of the court’s nature as a judicial body, rather than because a statute spells it out. Article 191 confirms that a Louisiana court holds this authority automatically, once it has jurisdiction over a case.

Can a judge do something not listed anywhere in the Code of Civil Procedure?

Often yes. Article 191 lets a court act as needed to exercise its jurisdiction even where no specific rule addresses the situation, as long as the action serves that jurisdiction and does not conflict with a specific law.

Does inherent power let a court skip due process requirements?

No. Courts have held that inherent power under Article 191 cannot substitute for procedures the law affirmatively requires, such as adequate notice and an opportunity to be heard before a party faces a serious sanction.

How does Article 191 relate to a court’s contempt power?

The authority to punish contempt, detailed in Articles 221 through 227, is itself an exercise of the inherent power Article 191 recognizes — the power a court needs to protect the integrity of its own proceedings.

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