Art. 4921.1.Demand For Trial; Abandonment; Applicability
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 2022 · Last verified July 30, 2026
In one sentenceArticle 4921.1 lets a party demand a trial date once fifteen days pass after the answer is filed, applies a shortened one-year abandonment period instead of the Code's usual three years, and lets a justice of the peace instead set trial directly in the citation, with its own default and dismissal consequences for a party who fails to appear.
A. After the lapse of fifteen days from the date the answer to the suit is filed pursuant to Article 4920, any party may make written demand to have the case set for trial. The judge shall give notice of trial within forty-five days of the answer being filed. The court shall issue notice of trial to be held within forty-five days of that date.
B. Notwithstanding the three-year period for abandonment as provided by Article 561, if the parties fail to take any step in the prosecution or defense of the action for a period of one year, the action shall otherwise be subject to the procedures for abandonment as provided by Article 561, provided that the court has jurisdiction over the subject matter.
C.
(1)Notwithstanding the provisions of Paragraph A of this Article, the justice of the peace or clerk may set the matter for trial upon filing of a petition. The date, time, and location of the trial shall be contained in the citation. The first scheduled trial date shall be not more than forty-five days, nor less than ten days, from the service of the citation. If the defendant appears, he need not file an answer unless ordered to do so by the court. If a defendant who has been served with citation fails to appear at the time and place specified in the citation, the judge may enter a default judgment for the plaintiff in the amount proved to be due. If the plaintiff does not appear, the judge may enter an order dismissing the action without prejudice.
(2)If a matter has been set for trial pursuant to Subparagraph (1) of this Paragraph, no default judgment shall be rendered prior to the trial date.
Once a defendant answers under Article 4920, a case does not necessarily move toward trial on its own. Article 4921.1 gives the parties a mechanism to force the issue: fifteen days after the answer is filed, any party may make written demand that the case be set for trial, and the court then owes the parties notice of a trial date within roughly forty-five days.
Cases can also stall entirely, and Article 4921.1 shortens the usual patience the Code extends to a dormant suit. Article 561 generally lets a case sit for three years before it is deemed abandoned for want of prosecution. In justice of the peace court, that window shrinks to one year: if neither party takes any step to prosecute or defend the action for a full year, the case becomes subject to abandonment under Article 561's procedures, so long as the court still has subject-matter jurisdiction over it.
A separate track skips the demand-for-trial step altogether. Rather than waiting for a party to ask, the justice of the peace or the clerk may set the case for trial the moment the petition is filed, with the trial date built directly into the citation, scheduled no sooner than ten days and no later than forty-five days after service. A defendant handled this way does not need to file an answer unless the court orders one. If that defendant fails to appear at the scheduled trial, the judge may enter a default judgment for the amount proved due; if the plaintiff is the one who fails to appear, the judge may dismiss the case without prejudice instead. Once a trial date is set this way, no default judgment can be entered before that date arrives.
Frequently Asked Questions
How soon after the defendant answers can I ask for a trial date?
Fifteen days. Article 4921.1 lets any party make written demand for trial once that period has passed since the answer was filed, and the court owes notice of a trial date within about forty-five days.
Does the usual three-year abandonment period apply in justice of the peace court?
No. Article 4921.1 shortens it to one year: if neither side takes a step to prosecute or defend the case for a year, it becomes subject to abandonment.
Can the court schedule my trial without either side asking for it?
Yes. Article 4921.1 lets the justice of the peace or clerk set a trial date directly in the citation when the petition is filed, rather than waiting for a demand for trial.
What happens if I do not show up for a trial the court scheduled in the citation?
A defendant who fails to appear risks a default judgment for the amount proved due; a plaintiff who fails to appear risks dismissal of the case without prejudice.
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:demand for trial justice of the peace courtArticle 4921.1 Louisianaabandonment one year justice of the peacetrial date in citation justice of the peacejustice of the peace default for failure to appear