A glossary of the Louisiana legal words you will meet on a form.

A

Acknowledgment

A notary act in which a person confirms, in front of a notary, that the signature on a document is theirs. Used on acts of sale, acts of donation, powers of attorney, and other instruments that do not require sworn truth. Different from a jurat, which is used for sworn statements like a verification.

Act, Authentic civil law

A document executed before a notary and two witnesses, in a form specified by Louisiana Civil Code article 1833. Authentic acts carry a special legal weight: they are self-proving, cannot be collaterally attacked without a direct suit, and are the preferred form for conveying immovable property. The signature block looks different from an ordinary notarized document; a Louisiana civil-law notary knows what to require.

Affidavit

A written statement sworn to in front of a notary. The person who signs it (the "affiant") swears that the facts in the affidavit are true. False statements in an affidavit can be prosecuted as perjury under La. R.S. 14:123.

Allegation

A statement of fact in a pleading. Allegations are what the petitioner claims is true; they do not become proven unless admitted by the defendant or found true after a hearing.

Answer

The defendant's written response to a petition. In Louisiana, the answer must be filed within fifteen days of service (twenty if served out of state) or the defendant risks a preliminary default. The answer admits or denies each numbered paragraph of the petition and may raise affirmative defenses.

Appeal, Devolutive

An appeal that does not stop the lower court's judgment from being enforced. If you file a devolutive appeal from a money judgment, the judgment creditor can still execute while you appeal. Sixty-day deadline from notice of judgment. La. C.C.P. art. 2087.

Appeal, Suspensive

An appeal that does stop the judgment from being enforced during the appeal, but requires posting a bond. Thirty-day deadline from notice of judgment. La. C.C.P. art. 2123.

Attorney Ad Hoc

An attorney appointed by the court to represent an absent, interdicted, or minor party when no retained counsel is available. The appointment is for the one case only ("ad hoc" means "for this"). Common in interdictions, when the court appoints counsel for the respondent. La. C.C.P. art. 4544.

C

Caption

The heading at the top of a Louisiana pleading. It names the parties, the court, the docket number, the division, and the parish. Every pleading in the same case shares the same caption.

Certified Copy

A copy of a document bearing the seal of the clerk, notary, or official who certifies it is a true copy of the original. Certified copies are what you file in another court, record with another parish, or submit as proof of a judgment. The clerk charges a small fee per page.

City Court

A court of limited jurisdiction in cities and large towns. Civil cases up to the jurisdictional cap (usually $35,000; $50,000 in some), evictions, small claims, and misdemeanors. There are forty-nine city courts in Louisiana.

Civil Code Louisiana

Louisiana's foundational body of private law, descended from the French Code Napoleon. It governs marriage, divorce, property, succession, obligations, contracts, prescription, and much else. Louisiana is the only state with a civil-law legal tradition; the other forty-nine use common law. Citing form: La. C.C. art. 102.

Code of Civil Procedure Louisiana

Louisiana's procedural rulebook for civil cases. Pleadings, service, trial, judgments, appeals. Citing form: La. C.C.P. art. 253.

Confusion civil law

Extinction of an obligation when the same person becomes both creditor and debtor. Rarely encountered, but useful to know if you inherit a debt the decedent owed to you. La. C.C. art. 1903.

Contradictory Hearing

A hearing where both sides appear and present evidence, as opposed to an ex parte hearing where only one side is heard. "Rules to show cause" are usually set for a contradictory hearing.

Curator Ad Hoc Louisiana

An attorney appointed by the court to receive service on behalf of an absent defendant whose whereabouts are unknown, and to try to find and notify that defendant. Required before you can get a default judgment against someone you could not serve directly. See the Motion to Appoint Curator Ad Hoc in the Service section.

Custody, Sole

Legal custody awarded to one parent, with the other parent having specified visitation. The sole custodian has decision-making authority. The burden of proof to get sole custody is high; the preference in Louisiana is joint custody with a domiciliary parent.

Custody, Joint

Both parents share legal custody. Usually one parent is designated the domiciliary parent, who has the final word if the parents cannot agree. Both parents have specific custodial periods (visitation) set out in a Joint Custody Implementation Plan.

D

Default Judgment

A judgment entered against a defendant who was properly served but did not file an answer in time. Louisiana requires a preliminary default (a confirmation that the time has run) before entering final default. La. C.C.P. art. 1702.

Devolutive civil law

Latin and civil-law term meaning "transferring" or "passing to." A devolutive appeal transfers the case to the appellate court without stopping enforcement in the lower court.

District Court

Louisiana's general-jurisdiction trial court. There are forty-two judicial districts covering all sixty-four parishes. District courts hear divorces, custody, successions, interdictions, contracts, torts, and felony criminal cases.

Division

The judge-section of a court. Louisiana district courts are divided into divisions labeled by letter (Division A, Division B, Division C, etc.). Each division has one judge. Cases are randomly assigned to divisions.

Docket Number

The unique number the clerk assigns to a case when it is first filed. Louisiana docket numbers typically combine the year and a sequence number (for example, 2026-10385). Write it on every pleading you file afterwards.

Domicile

A person's permanent legal home. Different from residence (where you sleep tonight). Domicile is where you intend to return and where you have your legal center of gravity. For venue purposes in Louisiana, your domicile determines which parish can hear your case. La. C.C. art. 38.

Domiciliary Parent

In a joint custody arrangement, the parent with final decision-making authority when parents cannot agree. The child's primary residence is usually with the domiciliary parent.

Donation civil law

A gift of property, formalized in writing. Louisiana recognizes two kinds: donation inter vivos (while the donor is alive) and donation mortis causa (by will, taking effect at death). Immovable property donations must be made by authentic act. La. C.C. arts. 1467 et seq.

E

Emancipation

The legal process by which a minor is granted the rights of majority before turning eighteen. Judicial emancipation in Louisiana is governed by La. C.C. arts. 365 to 371 and requires a court order. Marriage also emancipates a minor automatically.

Ex Parte

Latin for "on one side." An ex parte hearing is one where only the petitioner appears before the judge. Ex parte TROs (Temporary Restraining Orders) are the clearest example: the judge issues the order based solely on the petitioner's showing, with a hearing to come later where the respondent gets to be heard.

Executor / Executrix / Independent Executor

The person named in a will to administer the estate. Masculine "executor," feminine "executrix," though modern practice uses "executor" for either. An independent executor can administer the estate without court oversight for most routine actions, which saves time and money. The will must say so.

Expungement

The court-ordered sealing of a criminal arrest or conviction record so that the record is no longer publicly accessible. Louisiana expungement is governed by La. C.Cr.P. arts. 971 to 995 and uses standardized LSC-uniform forms.

F

Fault / No-Fault Louisiana

In divorce, Louisiana allows both fault-based and no-fault grounds. Fault grounds include adultery, conviction of a felony and sentence to death or imprisonment at hard labor, abuse. No-fault grounds are living separate and apart for the statutory period (180 days without minor children or 365 days with). La. C.C. arts. 102 and 103.

Felony

In Louisiana, any crime punishable by imprisonment at hard labor, or by death. Everything else is a misdemeanor. La. R.S. 14:2.

Filing Fee

The amount the clerk charges to accept a pleading. Varies by parish and case type. Typical divorce filing fee: $350 to $450. If you cannot afford the fee, you file an IFP affidavit asking the court to defer it.

G

Garnishment

A post-judgment procedure to collect a money judgment by seizing property or wages in the hands of a third party (the "garnishee," usually an employer or bank). Requires a final judgment and a Petition for Garnishment with Garnishment Interrogatories. La. C.C.P. arts. 2411 to 2418.

Grounds (for divorce)

The legal basis on which a court can grant a divorce. Louisiana permits several: living separate and apart for the required time (103(1)), adultery (103(2)), felony conviction and hard-labor sentence (103(3)), physical or sexual abuse (103(4)), and issuance of a protective order (103(5)). Plus Article 102 "filing first" divorces, with the time running after filing.

H

Hearing Officer

A quasi-judicial officer who conducts conferences in family law cases (custody, child support, modifications) and issues recommendations. The judge accepts or rejects the recommendation. If a party objects, the matter goes to a judge for a full hearing.

Heir

A person who, by law, inherits from a decedent. Louisiana distinguishes between "forced heirs" (certain children and interdicted heirs who cannot be disinherited except for specific causes) and ordinary heirs. La. C.C. arts. 1493 et seq.

I

In Forma Pauperis (IFP)

Latin for "in the form of a pauper." A court order allowing an indigent litigant to proceed without paying filing fees up front. The litigant still owes the fees at the end of the case unless the court orders otherwise. La. C.C.P. arts. 5181 to 5188.

Injunction

A court order prohibiting conduct (prohibitory injunction) or compelling conduct (mandatory injunction). Issued after notice and a hearing, except in true emergencies, when a Temporary Restraining Order can be issued ex parte for up to ten days (fifteen with extension). La. C.C.P. arts. 3601 et seq.

Interdiction Louisiana

Louisiana's name for guardianship of an incapacitated adult. There are two kinds: full interdiction (all legal capacity transferred to a curator) and limited interdiction (specific powers transferred). Requires a petition, two physician affidavits, appointment of counsel for the respondent, and a contradictory hearing. La. C.C. arts. 389 to 399; La. C.C.P. arts. 4541 to 4554.

Intestate

Dying without a valid will. Intestate successions follow the fixed order of inheritance set in the Civil Code, starting with descendants, then ascendants and collaterals, then the surviving spouse. La. C.C. arts. 880 et seq.

J

Judgment

The court's final determination of the rights of the parties. In Louisiana a judgment must be in writing and signed by the judge; an oral ruling from the bench is not a judgment until it is reduced to writing. La. C.C.P. art. 1911.

Jurat

The notary's certification on an affidavit or verification. Usually reads: "Sworn to and subscribed before me on this ___ day of ______, 20__." Different from an acknowledgment.

Jurisdiction

The court's authority to decide a case. Subject-matter jurisdiction is about the type of case (district court can hear divorce; justice of the peace cannot). Personal jurisdiction is about who the court can decide the case against (based on service and the defendant's connections to Louisiana).

Justice of the Peace Court

A court of very limited jurisdiction. Civil claims up to $5,000; small evictions. There is at least one JP court in each ward of each parish. The appeal from a JP judgment is a trial de novo (brand-new trial) in the district court. La. C.C.P. art. 4924.

L

Legatee

A person named in a will to receive property. "Universal legatee" receives everything; "particular legatee" receives a specific thing. La. C.C. art. 1584.

Long-Arm Service Louisiana

A method of serving a Louisiana lawsuit on a defendant outside Louisiana, by certified mail or commercial courier. Requires a Louisiana citation, proof of delivery, and an Affidavit of Long-Arm Service. La. R.S. 13:3201 et seq.

Long-Term Care Ombudsman

An office within the Louisiana Governor's Office of Elderly Affairs that advocates for residents of nursing homes and assisted-living facilities. Not a legal services organization, but a frequent partner for elder-law issues.

LPOR Louisiana

Louisiana Protective Order Registry forms. Mandatory statewide protective-order forms adopted by the Louisiana Supreme Court. All protective-order filings must use the current LPOR version. See the Protective Orders section of the Forms Library.

M

Mover / Respondent Louisiana

In rules, motions, and summary proceedings, the party who files is the mover; the party opposing is the respondent. In ordinary petitions, the party who files is the petitioner (sometimes "plaintiff" in tort cases); the opposing party is the defendant. The same person can be plaintiff in one proceeding and respondent in another.

Motion

A written request to the court for a specific ruling. Motions are generally decided without a trial. If the motion seeks relief against another party, it must be served and allow time for opposition.

N

Notary Public, Louisiana Civil-Law civil law

Louisiana notaries have far broader powers than notaries in other states. They can draft and execute authentic acts, affidavits, acts of sale and donation, authentic wills, matrimonial agreements, powers of attorney, and more. A Louisiana notary passes a parish exam, posts bond, and holds office for life (or until commission expires in a given parish). La. R.S. 35:1 et seq.

Nullity, Absolute vs. Relative civil law

In Louisiana, a contract or marriage can be absolutely null (void from the start, cannot be ratified) or relatively null (voidable by the aggrieved party, can be ratified). An absolutely null marriage, for example, is a bigamous marriage; a relatively null marriage is one entered under duress. La. C.C. arts. 94 and 95.

O

Order

A written directive signed by a judge. Orders can set hearings, grant TROs, appoint curators, direct discovery, and anything else short of a final judgment.

Ordinary Proceeding

The default kind of civil case in Louisiana: filed by petition, answered by answer, with full discovery and trial. Contrasted with summary proceedings, which are faster, decided by motion or rule, and used for family law matters, injunctions, contempts, successions, and other narrowly defined categories. La. C.C.P. arts. 2591 et seq.

P

Parish

Louisiana's name for a county. There are sixty-four parishes. Each parish has a clerk of court, a sheriff, and (except in a few shared districts) a district court.

Partition

Division of co-owned property between the co-owners. Can be in-kind (physical division) or by licitation (public sale and division of the proceeds). Common in succession matters where multiple heirs inherit the same property. La. C.C. arts. 807 et seq.

Petition

The pleading that starts a Louisiana lawsuit. It identifies the parties, states the facts, and asks the court for specific relief in the prayer.

Petitioner / Plaintiff

The party who files the lawsuit. In ordinary proceedings, "petitioner." In tort cases, often "plaintiff." Same person; different label by convention.

Pleading

A written document filed in a case. Petitions, answers, motions, rules, oppositions, memoranda in support or opposition, and judgments are all pleadings. La. C.C.P. arts. 851 et seq.

Prayer

The closing part of a pleading that lists the relief being asked for. Starts with "WHEREFORE, petitioner prays" and ends with "and such other relief as the court deems just." Every form of relief you want must be in the prayer, or the court cannot grant it.

Prescription civil law

Louisiana's name for what common-law states call statute of limitations. Prescriptive periods differ by claim: one year for most torts (delictual actions), three years for open accounts, ten years for personal actions on contracts, thirty years for actions to recover immovable property. La. C.C. arts. 3447 et seq.

Pro Bono

Latin for "for the public good." Legal work done for free. Louisiana Rules of Professional Conduct Rule 6.1 sets an aspirational target of fifty hours per lawyer per year.

Pro Se / Self-Represented

Latin for "for himself." A litigant who represents themselves in court without a lawyer. Louisiana courts are required to be accommodating of pro se litigants but will enforce procedural rules against them the same as against lawyers.

Protective Order (LPOR)

A court order prohibiting one person from contacting, threatening, or coming near another. Issued under La. R.S. 46:2131 et seq. for domestic violence, dating violence, stalking, and sexual assault. No filing fees. Uses the mandatory statewide LPOR forms.

R

Rule to Show Cause

A Louisiana summary pleading that asks the court to set a hearing on specific issues. The order attached to the rule tells the respondent to "show cause" on a specific date why the relief should not be granted. Used for contempt, custody modifications, protective orders, evictions, and most family-law matters. La. C.C.P. arts. 2592 to 2596.

S

Service of Process

The formal delivery of a pleading to the other party so that the court has personal jurisdiction. Louisiana service options are personal, domiciliary, long-arm, by curator ad hoc, and by waiver. See the Service section of the Forms Library and the How to Fill page for details.

Small Succession Louisiana

Louisiana's streamlined procedure for estates with gross value under $125,000, or any estate where the decedent died more than twenty years ago. Handled by affidavit filed in the parish of the decedent's last domicile. No court hearing required. La. C.C.P. arts. 3421 to 3434.

Succession civil law

Louisiana's name for probate. The process of winding up a decedent's estate, paying debts, and distributing property to heirs or legatees. There are several procedures: small succession (by affidavit), independent administration (fastest with a will that says so), administered succession (full probate), ab intestato (intestate), and testate.

Suspensive Appeal

See Appeal, Suspensive.

T

Testate / Testator

Dying with a valid will is testate; the person who made the will is the testator (or testatrix). Opposite of intestate.

Trial de Novo

Latin for "trial anew." A fresh trial in a higher court, as if the lower court's decision never happened. The appeal from a Justice of the Peace Court or Traffic Hearing Officer to a district court is by trial de novo. La. C.C.P. art. 4924.

Tutor / Tutrix civil law

Louisiana's name for a legal guardian of a minor. A natural tutor is a surviving parent; a dative tutor is appointed by the court. La. C.C. arts. 246 et seq.

U

Undercurator civil law

In an interdiction, the person who supervises the curator and reports concerns to the court. Required by La. C.C. art. 396 and cannot be the same person as the curator.

Usufruct civil law

The right to use and enjoy another person's property, including its fruits (rents, crops, dividends), without owning it. Common in Louisiana successions: a surviving spouse often receives a usufruct over property that passes to the children in bare ownership. La. C.C. arts. 535 et seq.

V

Venue

The parish in which a case can be filed. Different from jurisdiction. Louisiana's venue rules are in La. C.C.P. arts. 41 to 83. Family law venue rules are specialized; successions are venued in the parish of domicile at death; evictions where the property sits.

Verification

A sworn statement, signed by the party and notarized, confirming the facts in the pleading are true. Required for many Louisiana pleadings: divorce, protective orders, successions, interdictions.

W

Waiver of Service

A document signed by a party agreeing to accept a pleading without the sheriff formally serving it. Must be notarized. Faster and cheaper than service by sheriff.

Warrant of Possession

The order the sheriff executes to physically remove a tenant after an eviction judgment. Issued twenty-four hours after judgment if no appeal is filed. La. C.C.P. art. 4735.