A. In any case assigned pursuant to Article253.1, a duty judge shall only hear and sign orders or judgments for the following:
Art. 253.3.Duty Judge Exceptions; Authority to Hear Certain Matters
Title I. Courts · Chapter 5. Clerks · Last amended 2022 · Last verified July 30, 2026
In one sentenceArticle 253.3 limits a substitute 'duty judge' to a defined list of orders: emergency and protective orders, restraining orders, uncontested and stipulated matters, routine succession administration, executory process seizures, and anything the assigned judge authorizes, and it never gives the duty judge authority over the rest of the case.
Full Text of Art. 253.3
(1) Domestic relations emergency matters and protective orders concerning physical safety.
(2) Temporary restraining orders.
(3) Default judgments, stipulated matters, examination of judgment debtors, orders to proceed in forma pauperis, orders allowing the filing of supplemental and amending petitions when no trial date has been assigned, orders allowing incidental demands when no trial date has been assigned, orders allowing additional time to answer, and judicial commitments.
(4) Uncontested cases in which all parties other than the plaintiff are represented by an attorney appointed by the court.
(5) Uncontested judgments of divorce pursuant to Civil Code Article 102.
(6) Orders directing the taking of an inventory; judgments decreeing or homologating a partition, when unopposed; judgments probating a testament ex parte; orders directing the execution of a testament; orders confirming or appointing a legal representative, when unopposed; orders appointing an undertutor or an undercurator; orders appointing an attorney at law to represent an absent, incompetent, or unrepresented person, or an attorney for an absent heir; orders authorizing the sale of property of an estate administered by a legal representative; orders directing the publication of the notice of the filing of a tableau of distribution, or of an account, by a legal representative; judgments recognizing heirs or legatees and sending them into possession, when unopposed; and all orders for the administration and settlement of a succession, or for the administration of an estate by a legal representative.
(7) Orders for the seizure and sale of property in an executory proceeding.
B. In any case assigned pursuant to Article253.1, a duty judge shall only sign orders for issuing the following: orders to show cause; orders directing the issuance and providing the security to be furnished by a party for the issuance of a writ of attachment or sequestration; orders directing the release of property seized under a writ of attachment or sequestration and providing the security to be furnished therefor; orders for the issuance of a writ, or alternative writ, of habeas corpus, mandamus, or quo warranto; and orders for appeal. C. In any case assigned pursuant to Article253.1, a duty judge may sign any order specifically and expressly authorized by the judge to whom the case is assigned. D. When a duty judge hears any matter or signs any order or judgment pursuant to this Article, he shall not acquire jurisdiction over additional matters in the case. Following the ruling of the duty judge, the judge assigned pursuant to Article253.1 shall hear the other matters in the case, including but not limited to discovery matters, preliminary injunctions, and injunctions.
Amendment History
Amended by Acts 2021, No. 174, §1, eff. 1/1/2022. Amended by Acts 2017, No. 419, §1, eff. 8/1/2017. Acts 2000, 1st Ex. Sess., No. 24, §1.
Plain-English Summary
Not every judge is available around the clock, so Louisiana courts keep a duty judge on hand to handle matters that can't wait for the judge assigned to a case. Article 253.3 keeps that duty judge's role narrow.
The duty judge may hear and sign only what this article lists: domestic emergencies and protective orders touching physical safety; temporary restraining orders; default judgments, stipulated matters, judgment-debtor examinations, in forma pauperis orders, and similar routine or unopposed relief; uncontested cases where every party but the plaintiff has a court-appointed lawyer; uncontested divorce judgments; the standard run of succession and estate-administration orders (inventories, unopposed partitions, testament probate, appointment of a tutor or curator, and the like); and orders for seizure and sale in an executory proceeding. The duty judge may also sign show-cause orders, attachment and sequestration orders, habeas corpus and mandamus writs, appeal orders, and anything the assigned judge specifically authorizes.
What the duty judge can't do is take over the case. Handling one of these matters doesn't give the duty judge jurisdiction over anything else in it — discovery disputes, preliminary injunctions, and the rest stay with the judge the case was randomly assigned to.
Frequently Asked Questions
What is a duty judge in a Louisiana courthouse?
A judge available to hear and sign a limited set of urgent or routine matters in a case, standing in for whichever judge the case was randomly assigned to under Article 253.1.
Can a duty judge decide a contested motion in my case?
Generally no. Article 253.3 confines the duty judge to a specific list — emergency and protective orders, uncontested and stipulated matters, routine succession administration, executory process orders, and anything the assigned judge specifically authorizes.
Can a duty judge sign a temporary restraining order?
Yes, that's one of the matters Article 253.3 expressly lists.
If a duty judge rules on something in my case, does that judge take it over?
No. Article 253.3 says a duty judge doesn't acquire jurisdiction over the rest of the case; the judge the case was assigned to keeps handling everything else.
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
Also known as: duty judge Louisiana civil caseduty judge authority limitswho signs a TRO Louisianaemergency judge civil matters