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Art. 4875.Entire Suit Transferred

Book VIII. Trial Courts of Limited Jurisdiction · Title I. General Dispositions · Chapter 4. Jury Trials Prohibited; Transfer to District Court · Enacted 1979 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 4875 provides that a transfer order moves the whole suit, not just the jury-triable claim, divesting the trial court of limited jurisdiction of every claim and party cumulated in the case and letting other parties' jury-trial rights in district court be decided as though the suit had started there.

Full Text of Art. 4875

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A. An order to transfer divests the trial court of limited jurisdiction of jurisdiction over all claims and parties cumulated in the suit and the entire suit is transferred to the district court. B. The right of other parties to trial by jury in the district court shall be determined as if the suit had initially been commenced in that court.

Amendment History

Acts 1979, No. 46, §1, eff. 1/1/1980.

Plain-English Summary

A multi-party or multi-claim lawsuit does not split apart when one defendant transfers it for a jury trial. Article 4875 makes clear that an order to transfer carries the entire suit to district court, not merely the specific demand that triggered the transfer.

Under Article 4875(A), the trial court of limited jurisdiction loses jurisdiction over every claim and every party cumulated in that suit the moment the transfer order issues. Nothing is left behind for the parish or city court to keep handling on a separate track; the case leaves as a whole.

That has a real consequence for parties who did not ask for the transfer. Article 4875(B) lets any other party's right to a jury trial in the district court be determined exactly as it would be if the suit had been filed there from the beginning, rather than being tied to whatever posture the case had in the lower court. A co-defendant or additional party can end up with jury-trial rights in district court that were never available while the case sat in the parish or city court, because the ordinary district-court jury rules now apply to the case in full.

Frequently Asked Questions

Does only the jury-triable claim get transferred, or the whole case?

The whole suit — every claim and party cumulated in it, not just the demand that triggered the transfer.

What happens to the parish or city court's jurisdiction once a transfer is ordered?

It is fully divested; no jurisdiction remains over any claim or party in the suit.

Do other parties get jury-trial rights once the whole case transfers?

Yes, determined as if the suit had originally been filed in district court.

Can part of a suit stay in parish court while the rest transfers?

No. Article 4875 requires the entire suit to move together to the district court.

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
Also known as: entire suit transferred district court LouisianaArticle 4875 Louisianadivesting jurisdiction transfer parish courtother parties jury rights after transferwhole case moves district court Louisiana