RS 5216 - Initiation of claim
A. In a court participating in the program, small claims cases shall be initiated by affidavit filed by the plaintiff stating the demand. The affidavit shall include the plaintiff's email address and, if known, the defendant's email address.
B. If the plaintiff seeks an exemption from the program due to undue hardship pursuant to R.S. 13:5214, the request for exemption shall be filed with the affidavit of claim.
C. The plaintiff shall register in the program within ten days of filing the affidavit of claim, or if the plaintiff filed a request for exemption and the exemption is denied, within ten days of the denial.
D. If the plaintiff fails to register in the program within the prescribed time delay, the court shall dismiss the affidavit of claim without prejudice. If the defendant establishes by clear and convincing evidence that the plaintiff failed to register or participate in a prior case regarding the same dispute, the court shall dismiss the affidavit of claim with prejudice. The court may take judicial notice of a plaintiff's previously filed claim regarding the same dispute and the plaintiff's failure to register with the program, and the court may dismiss the claim with prejudice on its own motion.
E. Neither written discovery nor deposition upon oral examination shall be allowed in the program. However, the facilitator may communicate privately with any party for the purposes of facilitating a resolution. In addition, the facilitator may request a party provide the facilitator and every other party any of the following:
(1) Information and evidence about the merits of the case.
(2) Information about either party's ability to pay.
(3) Responses to another party's information.
(4) The party's position on any proposed resolution of the affidavit of claim.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.