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Disclaimer

 
Civil Division
Frequently Asked Questions

Administration Division FAQ's | Court Services Division FAQ's
Criminal/Traffic & Records Division FAQ's

How do I file for an Eviction?

A tenant can be evicted by following our Eviction Procedure Guidelines This document is in PDF format.  Download the free viewer from www.adobe.com The rental property must be located within East Baton Rouge Parish. Generally speaking, a copy of the lease or a copy of the five-day Notice to Vacate must be provided in court, and the eviction suit is initiated with the Court by filing a Rule to Evict. A Rule to Evict form is provided by the Civil Division, located in Room 251. The filing fee cost for an eviction is $122.50 for one (1) defendant and $10 for each additional defendant.

How can I get a Restraining Order?

This Court has jurisdiction to issue restraining orders and injunctions under La. Code of Civil Procedure Article 3601, et seq. A person may seek an injunction against another person in cases where “irreparable injury, loss or damage may otherwise result to the applicant.” The purpose of a restraining order or injunction is to prevent any further abuse. The protection available includes ordering the abusive person to stay away from the victim, not contact the victim, and not go to the victim’s residence, school, or place of employment. NOTE: City Court jurisdiction is limited to inside the city limits.

The cost to file a request for restraining order is $142.50. If you are unable to pay the cost, you may fill out a Motion to Proceed In Forma Pauperis. You can obtain this form from the Civil Division Office in Room 251 or by calling 389-3017.

This Court does not have jurisdiction to issue restraining orders for matters involving domestic abuse or dating violence. Therefore, this Court does not hear matters involving a request for restraining orders against a party that fits into one of the below listed categories:

  • spouse
  • former spouse
  • a person presently or formerly living in your residence as a spouse, of the opposite sex, whether married or not
  • parent
  • child
  • stepparent
  • stepchild
  • foster parent
  • foster child
  • adult child or grandchild
  • grandparents

These types of cases are handled through Family Court, Domestic Violence Office, located at:

300 North Boulevard
East Baton Rouge Courthouse
2nd Floor, Room #2801
Phone # (225) 389-4705

How much can I sue for in Civil Court or Small Claims Court?

The maximum amount you can sue for in Small Claims Court is $5,000 and the maximum amount you can sue for on the regular Civil docket for this Court is $35,000.

How much does it cost to file a Civil Suit or Small Claims Suit?

The cost to file a civil suit is $142.50 for one defendant and $30 per each additional defendant. The cost to file a Small Claims suit is $68.50 for one defendant and $35. per each additional defendant. There may be additional costs for service to be made on the defendant, which can vary depending on where service is required and what agency must serve the paperwork. Please refer to our Civil Court Costs Schedule This document is in PDF format.  Download the free viewer from www.adobe.com for a listing of civil costs and for more information about service fees.

What is the Statute of Limitations for filing a Suit?

Different types of suits may have different time limitations on when a suit must be brought before the filing of the action is prescribed, or barred, by law. It is recommended that you speak to an attorney for an answer to legal questions like this. City Court employees are not permitted to give legal advice. You can seek assistance in obtaining an attorney by contacting one of the following agencies:

Lawyer Referral Service
Baton Rouge Bar Association
544 Main Street
Baton Rouge, LA  70802
Phone: (225) 344-9926
Baton Rouge Bar AssociationExternal web link not maintained by City of Baton Rouge

Southeast Louisiana Legal Services
715 St. Ferdinand Street
Baton Rouge, LA 70802
Phone (225) 448-0080
Toll Free (855)512-3980
Southeast Louisana Legal Services External web link not maintained by City of Baton Rouge

How do I file suit in Small Claims Court?

You can bring an action in Small Claims court if you are suing for $5,000 or less. The normal Rules of Evidence do not apply in Small Claims Court, however, the decision of the Court cannot be appealed. There are also restrictions on what types of actions you can bring in Small Claims Court, as described in our Small Claims Brochure This document is in PDF format.  Download the free viewer from www.adobe.com that is available in our Civil Division, Room 251. You can also obtain copy of this brochure through the mail by calling 389-3017.

Can I file a Civil Action by Fax?

The Clerk’s Office accepts civil filings through facsimile means. The number to the Civil Division to fax file a document is (225) 389-5260. In accordance with L.R.S. 13:850, the following is required to be forwarded to the Clerk’s Office within seven (7) days of the fax filing, exclusive of legal holidays, for the facsimile filing to have full force and effect:

The original signed document;

The applicable filing fee This document is in PDF format.  Download the free viewer from www.adobe.com must be enclosed with the original;

An additional $5 facsimile transmission fee must be enclosed with each original document transmitted.

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