The court on its own motion may order the sequestration of property the ownership of which is in dispute without requiring security when one of the parties does not appear to have a better right to possession than the other.
Art. 3573.Sequestration By Court On Its Own Motion
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 1. Attachment and Sequestration · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3573 lets a court order sequestration on its own motion, without requiring security, when property's ownership is in dispute and neither party appears to have a better right to possession than the other.
Full Text of Art. 3573
Plain-English Summary
Every other article in this section works from a party's request for a writ. Article 3573 is different: it lets the court act on its own initiative, without either side asking, when a case presents property whose ownership is squarely contested.
The trigger is a kind of standoff. Sequestration under this article fits situations where the court cannot say either party has a better right to possession than the other, so leaving the property with one side over the other would itself risk prejudging the dispute or creating an appearance of favoring one party's position. Taking the property into the court's custody is a way of maintaining strict neutrality while the case is litigated.
Because the court is acting to preserve the status quo rather than because either party has shown fraud, flight risk, or a risk of concealment, Article 3573 dispenses with the security that would otherwise be required. Sequestration ordered this way protects the property itself, not one party's interest against the other's misconduct.
Frequently Asked Questions
Can a Louisiana court order sequestration without either party requesting it?
Yes. Article 3573 lets the court act on its own motion when the ownership of property is in dispute and neither party appears to have a better right to possession.
Is security required for court-ordered sequestration under this article?
No. Article 3573 dispenses with security when the court orders sequestration on its own motion under these circumstances.
Why would a court sequester property instead of leaving it with whoever currently has it?
To avoid the appearance of favoring one party's claim over the other when neither side has demonstrated a stronger right to possession, keeping the property neutral while the dispute is resolved.
Does a party still need to show a risk of concealment or removal for this kind of sequestration?
No. Unlike Article 3571's party-requested sequestration, Article 3573 does not require a showing of risk to the property; it turns on the court's assessment that neither party's right to possession is clearly better than the other's.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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