The clerk of a district court may:
Art. 282.Acts Which May Be Done By District Court Clerk
Title I. Courts · Chapter 5. Clerks · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 282 lists the everyday, uncontested acts a district court clerk may perform without a judge — granting appeals, fixing certain bond amounts, appointing a lawyer for an absent or incompetent defendant, dismissing an unopposed suit at the plaintiff's request, and handling routine, unopposed succession matters like probating a will or confirming a tutor or executor.
Full Text of Art. 282
(1) Grant an appeal and fix the return day thereof; fix the amount of the bond for an appeal, or for the issuance of a writ of attachment or of sequestration, or for the release of property seized under any writ, unless fixed by law; appoint an attorney at law to represent a nonresident, absent, incompetent, or unrepresented defendant; or dismiss without prejudice, on application of plaintiff, an action or proceeding in which no exception, answer, or intervention has been filed; and
(2) Probate a testament, when there is no opposition thereto; homologate an inventory; confirm or appoint a tutor, undertutor, undertutor ad hoc, curator, undercurator, undercurator ad hoc, administrator, executor, or dative testamentary executor, when there is no opposition thereto; appoint an attorney for absent heirs; and approve and accept the bond required of a legal representative for the faithful performance of his duties.
Plain-English Summary
Not every act in a lawsuit needs a judge's signature, and Article 282 spells out which ones a district court clerk may handle instead. One group covers ordinary litigation business: granting an appeal and fixing its return day; setting the bond for an appeal, an attachment, a sequestration, or the release of seized property when the law hasn't already fixed the amount; appointing a lawyer to represent a nonresident, absent, incompetent, or otherwise unrepresented defendant; and dismissing a suit without prejudice at the plaintiff's own request, so long as no exception, answer, or intervention has been filed yet.
The second group covers succession and estate business — but only when it's uncontested. A clerk may probate an unopposed will, homologate an inventory, confirm or appoint a tutor, undertutor, curator, undercurator, administrator, executor, or dative testamentary executor when no one objects, appoint a lawyer for absent heirs, and approve the bond a legal representative must post.
The moment any of this becomes contested, the clerk's authority stops. These are the routine, unopposed pieces of court business — letting a judge's time go to the disputes that need deciding.
Frequently Asked Questions
Can a clerk of court grant my appeal without a judge signing off?
Yes. Article 282 lets a district court clerk grant an appeal and fix its return day.
Can a clerk dismiss my own lawsuit if I ask?
Only if you're the plaintiff asking to dismiss it without prejudice, and no exception, answer, or intervention has been filed yet.
Can a clerk of court handle succession or probate matters?
For the uncontested pieces, yes — probating an unopposed will, homologating an inventory, and confirming or appointing a tutor, curator, administrator, or executor when no one objects.
What happens once a succession or estate matter becomes contested?
The clerk's authority under Article 282 ends. A judge handles anything that's opposed or in dispute.
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: what can a clerk of court sign Louisianaclerk powers uncontested successionclerk grant appeal without judgeclerk probate unopposed will Louisiana