A. When an order of court permits a party to litigate without the payment of costs until this order is rescinded or expires, the party is entitled to:
Art. 5185.Rights of Party Permitted to Litigate Without Payment of Costs
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 5. Payment of State Inheritance Taxes · Last amended 2021 · Last verified July 30, 2026
In one sentenceArticle 5185 lists what the poverty privilege grants a litigant once ordered — free public-officer services, compulsory attendance of up to six witnesses, jury trial rights, a certified copy of the judgment, and a devolutive appeal — while denying a suspensive appeal or other security-conditioned relief absent the required security.
Full Text of Art. 5185
(1) All services required by law of a sheriff, clerk of court, court reporter, notary, or other public officer in, or in connection with, the judicial proceeding, including but not limited to the filing of pleadings and exhibits, the issuance of certificates, the certification of copies of notarial acts and public records, the issuance and service of subpoenas and process, the taking and transcribing of testimony, and the preparation of a record of appeal.
(a) The right to the compulsory attendance of not more than six witnesses for the purpose of testifying, either in court or by deposition, without the payment of the fees, mileage, and other expenses allowed these witnesses by law. If a party has been permitted to litigate without full payment of costs and is unable to pay for witnesses desired by the party, in addition to those summoned at the expense of the parish, the party shall make a sworn application to the court for the additional witnesses. The application shall allege that the testimony is relevant and material and not cumulative and that the defendant cannot safely go to trial without it. A short summary of the expected testimony of each witness shall be attached to the application.
(b) The court shall make a private inquiry into the facts and, if satisfied that the party is entitled to the privilege, shall render an order permitting the party to subpoena additional witnesses at the expense of the parish. If the application is denied, the court shall state the reasons for the denial in writing, which shall become part of the record.
(3) The right to a trial by jury and to the services of jurors, when allowed by law and applied for timely.
(4) The right to have any judgment or order filed and to receive one certified copy of the judgment or order.
(5) The right to a devolutive appeal, and to apply for supervisory writs.
B. The party is not entitled to a suspensive appeal, or to an order or judgment required by law to be conditioned on his furnishing security other than for costs, unless the party furnishes the necessary security therefor.
C. No public officer is required to make any cash outlay to perform any duty imposed on him under any Article in this Chapter, except to pay witnesses summoned at the expense of the parish the witness fee and mileage to which they are entitled.
Amendment History
Amended by Acts 2021, No. 416, §1, eff. 8/1/2021. Amended by Acts 1964, No. 4, §1. Acts 1984, No. 541, §1.
Plain-English Summary
Being granted the poverty privilege is not just a promise to defer payment; Article 5185 spells out a concrete package of rights the litigant receives while the order remains in force. Paragraph A(1) covers the services of public officers: filing pleadings and exhibits, issuing certificates, certifying copies of notarial acts and public records, issuing and serving subpoenas and process, taking and transcribing testimony, and preparing the record on appeal, all without the litigant paying for them as the case proceeds.
Paragraph A(2) addresses witnesses. The privileged litigant can compel the attendance of up to six witnesses, to testify in court or by deposition, without paying the fees, mileage, and other expenses those witnesses would otherwise be owed. If more than six witnesses are needed, the party can apply, under oath, for additional witnesses at the parish's expense, but has to show that each additional witness's testimony is relevant, material, and not cumulative, and that the case cannot safely go to trial without it, with a summary of expected testimony attached. The court makes a private inquiry into the request and, if satisfied, grants it in a written order; a denial likewise requires written reasons that become part of the record.
The remaining rights round out meaningful access to the courts: a jury trial and juror services when otherwise available and timely requested, the right to have a judgment or order filed and to receive one certified copy of it free of charge, and the right to a devolutive appeal and to apply for supervisory writs.
Paragraph B draws a firm limit. The privilege does not extend to a suspensive appeal, or to any order or judgment that the law conditions on furnishing security beyond costs; a litigant who wants either of those still has to post the necessary security. And Paragraph C protects public officers financially: none of them has to make a cash outlay to perform duties under this Chapter, except paying the witness fee and mileage owed to witnesses summoned at the parish's expense.
Frequently Asked Questions
What does the poverty privilege cover once granted?
Free services from public officers such as the clerk of court and sheriff, compulsory attendance of up to six witnesses without paying their fees, jury trial rights when otherwise available, one free certified copy of the judgment, and the right to a devolutive appeal and supervisory writs.
Can a litigant using the poverty privilege take a suspensive appeal without posting a bond?
No. Article 5185 excludes a suspensive appeal, and any relief conditioned by law on furnishing security beyond costs, from the privilege; the litigant still has to post the required security.
What if a litigant needs more than six witnesses?
The litigant can make a sworn application for additional witnesses at the parish's expense, showing that each one's testimony is relevant, material, and not cumulative, and that the case cannot safely proceed without it.
Do public officers have to pay costs themselves to serve an indigent litigant?
No. Article 5185 shields public officers from any cash outlay to perform their duties under this Chapter, apart from paying the fee and mileage owed to witnesses summoned at the parish's expense.
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: rights under poverty privilege LouisianaArticle 5185 Louisianadevolutive appeal indigent litigantcompulsory attendance of witnesses Louisianasuspensive appeal security requirement