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
Full Text of Art. 4875
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.