Art. 253.3. Duty judge exceptions; authority to hear certain matters
A. In any case assigned pursuant to Article 253.1, a duty judge shall only hear and
sign orders or judgments for the following:
(1) Domestic relations emergency matters and protective orders concerning physical
safety.
(2) Temporary restraining orders.
(3) Default judgments, stipulated matters, examination of judgment debtors, orders
to proceed in forma pauperis, orders allowing the filing of supplemental and amending
petitions when no trial date has been assigned, orders allowing incidental demands when no
trial date has been assigned, orders allowing additional time to answer, and judicial
commitments.
(4) Uncontested cases in which all parties other than the plaintiff are represented by
an attorney appointed by the court.
(5) Uncontested judgments of divorce pursuant to Civil Code Article 102.
(6) Orders directing the taking of an inventory; judgments decreeing or homologating
a partition, when unopposed; judgments probating a testament ex parte; orders directing the
execution of a testament; orders confirming or appointing a legal representative, when
unopposed; orders appointing an undertutor or an undercurator; orders appointing an attorney
at law to represent an absent, incompetent, or unrepresented person, or an attorney for an
absent heir; orders authorizing the sale of property of an estate administered by a legal
representative; orders directing the publication of the notice of the filing of a tableau of
distribution, or of an account, by a legal representative; judgments recognizing heirs or
legatees and sending them into possession, when unopposed; and all orders for the
administration and settlement of a succession, or for the administration of an estate by a legal
representative.
(7) Orders for the seizure and sale of property in an executory proceeding.
B. In any case assigned pursuant to Article 253.1, a duty judge shall only sign orders
for issuing the following: orders to show cause; orders directing the issuance and providing
the security to be furnished by a party for the issuance of a writ of attachment or
sequestration; orders directing the release of property seized under a writ of attachment or
sequestration and providing the security to be furnished therefor; orders for the issuance of
a writ, or alternative writ, of habeas corpus, mandamus, or quo warranto; and orders for
appeal.
C. In any case assigned pursuant to Article 253.1, a duty judge may sign any order
specifically and expressly authorized by the judge to whom the case is assigned.
D. When a duty judge hears any matter or signs any order or judgment pursuant to
this Article, he shall not acquire jurisdiction over additional matters in the case. Following
the ruling of the duty judge, the judge assigned pursuant to Article 253.1 shall hear the other
matters in the case, including but not limited to discovery matters, preliminary injunctions,
and injunctions.
Acts 2000, 1st Ex. Sess., No. 24, §1; Acts 2017, No. 419, §1; Acts 2021, No. 174,
§1, eff. Jan. 1, 2022.