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Art. 4660.Injunctive Relief

Book VII. Special Proceedings · Title X. Concursus Proceedings · Chapter 1. Concursus Proceedings · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 4660 lets the court hearing a concursus proceeding enjoin the defendants from starting or continuing any other lawsuit, in a Louisiana or federal court, over the same claim already at issue in the concursus.

Full Text of Art. 4660

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The court may grant the plaintiff in a concursus proceeding injunctive relief prohibiting the defendants from instituting or prosecuting in any court of this state or of the United States any other action or proceeding on the claim involved in the concursus proceeding.

Plain-English Summary

A concursus proceeding only delivers its benefit, one case resolving competing claims to a single fund or piece of property, if every claimant stays inside it. Article 4660 protects that structure by letting the court grant the plaintiff injunctive relief prohibiting the defendants from instituting or prosecuting any other action or proceeding on the same claim involved in the concursus.

The reach of that injunction is broad by design. It covers any court of Louisiana or of the United States, so a claimant cannot sidestep the injunction by filing the same claim in federal court instead of state court. Without that reach, a competing claimant could chase the same fund through a second lawsuit, exposing the fund, or the stakeholder who deposited it, to inconsistent outcomes in two different forums.

Article 4660 does not create a wholly new species of injunctive relief; it applies the general injunction machinery found in Title I, including the hearing and security requirements in Articles 3601 and 3610, to this particular ground. As Article 4661 makes clear, though, this injunctive-relief option does not travel automatically into every special-statute concursus proceeding built on the Title X framework.

Frequently Asked Questions

Can a concursus claimant be stopped from suing separately over the same fund?

Yes. Article 4660 lets the court enjoin the defendants from instituting or prosecuting any other action on the claim involved in the concursus.

Does the injunction under Article 4660 reach lawsuits filed in federal court?

Yes. The article covers any court of this state or of the United States.

Is injunctive relief automatic once a concursus proceeding is filed?

No. Article 4660 says the court may grant this relief, leaving it to the court's discretion rather than making it automatic.

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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