The powers and authority granted to the clerk of a district court under Articles282 through 284 may be exercised by him whether the judge of the district court is absent from the parish or not.
Art. 285.Powers of District Court Clerk May Be Exercised Whether Judge Absent From Parish Or Not
Title I. Courts · Chapter 5. Clerks · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 285 confirms that a district court clerk's powers under Articles 282 through 284 don't depend on whether the judge happens to be in the parish, so the clerk may exercise them whether the judge is present or absent.
Full Text of Art. 285
Plain-English Summary
It would be easy to read Articles 282 through 284 as fallback powers — things a clerk handles only when the judge isn't around. Article 285 rules that out.
A district court clerk's powers under those three articles apply whether the judge is in the parish or not. The clerk doesn't need to check the judge's schedule or location before granting an appeal, signing an executory process order, or probating an unopposed will.
The point is continuity. Routine, uncontested court business keeps moving on its own timeline, rather than waiting on when the judge happens to be available.
Frequently Asked Questions
Does the judge need to be out of town before a clerk can sign these orders?
No. Article 285 says the clerk's powers under Articles 282 through 284 apply whether the judge is present in the parish or not.
Why does this rule matter in practice?
It keeps routine, uncontested business moving through the clerk's office without depending on the judge's travel or availability.
Does this article grant new powers to the clerk?
No, it confirms how the powers already granted in Articles 282 through 284 apply — regardless of the judge's location.
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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