Three different modes of procedure are used in civil matters in the trial courts of this state: ordinary, summary, and executory. The articles in this Book govern ordinary proceedings, which are to be used in the district courts in all cases, except as otherwise provided by law. Summary and executory proceedings are regulated by the provisions of Book V.
Art. 851.Three Modes of Procedure; Book II Governs Ordinary Proceedings
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 851 names Louisiana's three procedural tracks — ordinary, summary, and executory — and states that Book II governs ordinary proceedings, the default track for civil cases in the district courts unless another law calls for a different one.
Full Text of Art. 851
Plain-English Summary
Article 851 stands at the doorway of Book II and tells the reader which of Louisiana's three procedural tracks the coming articles describe. Louisiana civil cases move through one of three modes of procedure: ordinary, summary, and executory. Book II covers only the first.
An ordinary proceeding is the full civil lawsuit most people picture: a petition, service on the defendant, an answer, discovery, and a trial. It is the default track for civil cases filed in a Louisiana district court, used in every case except where some other law directs a different procedure. A summary proceeding handles narrower or time-sensitive matters — often a contested motion decided on a rule to show cause, with shortened notice and less pretrial formality — but only where the law specifically calls for it. An executory proceeding lets a creditor enforce certain secured debts, such as a mortgage, by seizing and selling the pledged property without a full trial on the underlying debt.
Article 851 does not spell out the rules for summary or executory proceedings; those live in Book V. Its job here is to set the scope for everything that follows in Book II: unless a case falls into one of the other two tracks, ordinary proceeding is the rule.
Frequently Asked Questions
What is an ordinary proceeding under Louisiana law?
It is the standard civil lawsuit process — built on a petition, service, an answer, discovery, and trial — and it is the default procedure for civil cases in Louisiana's district courts unless a law specifically calls for something else.
How do summary and executory proceedings differ from ordinary proceedings?
Summary proceedings resolve narrower or time-sensitive issues on a faster schedule with less formality, typically through a contested rule to show cause. Executory proceedings let a creditor enforce certain secured debts, such as a mortgage, by seizing and selling the pledged property without a full trial on the debt. Both are governed by Book V, not by Book II.
Does Book II cover summary and executory proceedings too?
No. Article 851 confines Book II to ordinary proceedings. Summary and executory proceedings each have their own separate set of rules in Book V.
How do I know whether my case is an ordinary proceeding?
Ordinary proceeding is Louisiana's default track for civil cases in district court, used unless another law specifically routes the matter into a summary or executory proceeding instead.
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: Louisiana ordinary proceedingthree modes of procedure Louisianaordinary summary executory proceedingsArticle 851 Louisianawhat is an ordinary proceeding