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Art. 5052.Unambiguous Language Not to Be Disregarded

Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 1. Rules of Construction · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 5052 requires courts to apply the clear, unambiguous language of a Code article as written, forbidding a court from setting that plain letter aside in favor of a guess about the article's underlying spirit or purpose.

Full Text of Art. 5052

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When the language of an article is clear and free from ambiguity, its letter is not to be disregarded under the pretext of pursuing its spirit.

Plain-English Summary

Article 5051 asks courts to read the Code broadly. Article 5052 supplies the counterweight: when an article's language is already clear and free from ambiguity, that language controls, and a court may not depart from it by claiming to serve the article's spirit instead.

This guards against a particular kind of judicial overreach: a court deciding that the legislature must have meant something different from what the words say, then ruling accordingly. Louisiana's legislature writes the Code's text with care, and Article 5052 holds courts to that text once it is plain, rather than inviting a search for an unstated purpose that could point almost anywhere.

The article does not eliminate interpretation altogether. Ambiguous language still calls for construction, and Article 5051's liberal-construction instruction, along with the other rules in this Chapter, guides how a court resolves a real ambiguity. Article 5052 addresses the more common situation: language that is not ambiguous at all, where the only question is whether a court will honor it or reach past it toward a different result.

Read together, Articles 5051 and 5052 describe a two-step approach. First, ask whether the text is clear. If it is, apply it as written under Article 5052. If it is not, construe it liberally, in service of the substantive law, under Article 5051.

Frequently Asked Questions

Can a Louisiana court reinterpret a clear procedural rule based on what it thinks the legislature intended?

No. Article 5052 requires courts to apply language that is clear and free from ambiguity as written, without disregarding it in the name of an unstated legislative purpose.

How does Article 5052 fit with Article 5051's liberal-construction rule?

Article 5051 governs how courts resolve a real ambiguity, construing the text liberally to serve the substantive law. Article 5052 governs the more common situation where the text is already clear, in which case the plain language controls and there is nothing left to construe.

What happens when an article's wording is not ambiguous but produces a result someone dislikes?

Article 5052 still requires the court to apply the language as written. Disagreement with a clear rule's outcome is not the same as ambiguity, and it does not authorize a court to depart from the text.

Does Article 5052 mean courts never interpret the Code of Civil Procedure?

No. It addresses only clear, unambiguous language. Where an article's wording is unclear, courts still construe it, guided by Article 5051 and the other rules of construction in this Chapter.

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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