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Art. 4913.Limitations Upon Jurisdiction; Nature of Proceedings; Justice of the Peace Courts

Book VIII. Trial Courts of Limited Jurisdiction · Title II. Procedure In Trial Courts of Limited Jurisdiction · Chapter 2. Civil Jurisdiction For Justice of the Peace Courts · Last amended 2021 · Last verified July 30, 2026

In one sentenceArticle 4913 lists the case types a justice of the peace court may never hear regardless of the amount in dispute, including title to immovable property, family law and status matters, successions, cases against the state, and executory or in rem proceedings, and bars the court from issuing injunctions beyond enforcing its own judgments.

Full Text of Art. 4913

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A. In addition to the limitation by the amount in dispute as set forth above, the jurisdiction of justice of the peace courts is limited by the nature of the proceeding, as set forth below. B. A justice of the peace court has no jurisdiction in any of the following cases or proceedings:
(1) A case involving title to immovable property.
(2) A case involving the right to public office or position.
(3) A case in which the plaintiff asserts civil or political rights under the federal or state constitutions.
(4) A claim for annulment of marriage, separation from bed and board, divorce, separation of property, custody, visitation, spousal support, or child support.
(5) A succession, interdiction, receivership, liquidation, habeas corpus, or quo warranto proceeding.
(6) A case in which the state, or a parish, municipal, or other political corporation is a defendant.
(7) An executory proceeding.
(8) An adoption, tutorship, emancipation, or partition proceeding.
(9) An in rem or quasi in rem proceeding.
(10) Any other case or proceeding excepted from the jurisdiction of these courts by law. C. In addition, a justice of the peace court may not issue any injunctive order, except to arrest the execution of its own writ and to enforce the execution of a judgment issued by a justice of the peace court or made executory in a justice of the peace court.

Amendment History

Amended by Acts 2021, No. 259, §2, eff. 8/1/2021. Acts 1986, No. 156, §1; Acts 1991, No. 545, §1.

Plain-English Summary

A dollar cap is not the only fence around a justice of the peace court's authority. Article 4913 lists ten categories of cases these courts may never hear, no matter how small the amount at stake. Title to immovable property is off-limits, along with any case asserting civil or political rights under the federal or state constitution, and any case involving the right to hold a public office or position.

Family and status matters are excluded wholesale: annulment, legal separation, divorce, separation of property, custody, visitation, and support claims all belong elsewhere, as do successions, interdictions, receiverships, liquidations, habeas corpus, and quo warranto proceedings. A justice of the peace court also cannot hear a case naming the state, a parish, a municipality, or another political corporation as defendant, an executory proceeding, an adoption, tutorship, emancipation, or partition proceeding, or an in rem or quasi in rem proceeding, and the list leaves room for any other exclusion a separate statute might impose.

The article closes with a limit on remedies rather than subject matter: a justice of the peace court cannot issue an injunctive order at all, with one narrow exception. It may act to arrest execution of its own writ or to enforce a judgment it rendered, or one made executory in that court, but it has no general power to enjoin conduct the way a district court can.

Frequently Asked Questions

Can a justice of the peace court decide a case about who owns a piece of land?

No. Article 4913 excludes any case involving title to immovable property from a justice of the peace court's jurisdiction, regardless of the amount involved.

Can I get a divorce or custody order from a justice of the peace court?

No. Article 4913 excludes annulment, separation, divorce, custody, visitation, and support matters from justice of the peace court jurisdiction entirely.

Can a justice of the peace court issue an injunction?

Only in a narrow circumstance: to arrest execution of its own writ or to enforce a judgment it rendered or made executory. It has no general injunctive power.

Can I sue a parish government in justice of the peace court?

No. Article 4913 bars a justice of the peace court from hearing any case in which the state, a parish, a municipality, or another political corporation is the defendant.

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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