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Art. 288.Functions Which District Court Clerk May Exercise On Holiday

Title I. Courts · Chapter 5. Clerks · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 288 narrows a district court clerk's authority on a legal holiday to two acts: signing an order for a writ of attachment or sequestration, for every district court clerk except the Civil District Court for the Parish of Orleans, and issuing a writ of attachment, sequestration, or injunction.

Full Text of Art. 288

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The only functions which a clerk of a district court may exercise on a legal holiday are:
(1) The signing of an order for the issuance of a writ of attachment or of sequestration by a clerk of a district court other than the Civil District Court for the Parish of Orleans; and
(2) The issuance of a writ of attachment, sequestration, or injunction.

Plain-English Summary

Courthouses close for legal holidays, but property doesn't wait — someone bent on hiding assets before a lawsuit catches up doesn't pause for the calendar. Article 288 opens a narrow exception so a clerk can act anyway.

On a legal holiday, the only functions a district court clerk may exercise are, first, signing an order for the issuance of a writ of attachment or sequestration — available to every district court clerk except the Civil District Court for the Parish of Orleans — and second, issuing a writ of attachment, sequestration, or injunction. Both remedies exist to freeze or seize property, or halt harm, before delay lets the opportunity slip away.

Everything else in the clerk's ordinary business waits for the next business day. Routine filings, uncontested succession matters, and the rest of Articles 282 and 283 aren't part of this holiday exception.

Frequently Asked Questions

Can a clerk's office handle anything on a legal holiday?

Only two things: signing an order for a writ of attachment or sequestration, and issuing a writ of attachment, sequestration, or injunction. Everything else waits for the next business day.

Why would attachment or sequestration need to happen on a holiday?

These remedies freeze or seize property before it can be moved, sold, or hidden, so waiting for the courthouse to reopen could defeat the purpose.

Does the Orleans Parish Civil District Court clerk have the same holiday authority?

Not for signing the order — Article 288 excludes the Civil District Court for the Parish of Orleans from that specific power, consistent with Article 281's broader exclusion of that court from this chapter's clerk powers.

Can a clerk grant an appeal on a legal holiday?

No. Article 288 limits holiday clerk functions to attachment, sequestration, and injunction matters; other powers, like granting an appeal under Article 282, aren't part of this exception.

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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