§5112. Suits against the state or political subdivision; court costs; interest
A. In any suit against the state or any department, board, commission, agency, or political subdivision thereof, the trial or appellate court, after taking into account any equitable considerations as it would under Article 1920 or Article 2164 of the Code of Civil Procedure, as applicable, may grant in favor of the successful party and against the state, department, board, commission, agency, or political subdivision against which judgment is rendered, an award of such successful party's court costs under R.S. 13:4533 and other applicable law as the court deems proper but, if awarded, shall express such costs in a dollar amount in a judgment of the trial court or decree of the appellate court.
B. In accordance with Section 10 of Article XII of the Constitution of Louisiana, neither the state nor any department, board, commission, agency, or political subdivision thereof shall be required to pay any such award of court costs, pursuant to this Section, until the judgment rendered against the state, department, board, commission, agency, or political subdivision shall become final and definitive under the provisions of Articles 2166 and 2167 of the Code of Civil Procedure or otherwise nonappealable or nonreviewable beyond the delays set by law for same and the funds have been appropriated therefor in a specific dollar amount. In the parish of Jefferson, the provisions of this Section shall not exempt the state or any department, board, commission, agency, or political subdivision thereof, other than the parish governing authority of Jefferson Parish which shall be so exempt, from paying any conveyance or mortgage recordation fees ordinarily and customarily charged by the clerk of court.
C. Legal interest on any claim for personal injury or wrongful death shall accrue at six percent per annum from the date service is requested following judicial demand until the judgment thereon is signed by the trial judge in accordance with Code of Civil Procedure Article 1911. Legal interest accruing subsequent to the signing of the judgment shall be at the rate fixed by R.S. 9:3500.
D. This law shall not apply to, nor shall the administrator of the Louisiana Employment Security Law be cast for any court costs in, any judicial review proceeding under the provisions of R.S. 23:1634.
Added by Acts 1978, No. 467, §1. Amended by Acts 1979, No. 530, §1; Acts 1985, No. 509, §1; Acts 1993, No. 431, §1, eff. June 9, 1993; Acts 1993, No. 958, §1, eff. June 25, 1993; Acts 1995, No. 828, §2; Acts 1997, No. 1172, §2, eff. June 30, 1997; Acts 2004, No. 743, §3, eff. Jan. 1, 2005.
NOTE: See Acts 1985, No. 509, §2.
Notes of Decisions
Cited in
367
cases (
14 in the last 5 years), 1978–2026 · leading case:
Wooley v. Lucksinger, 14 So. 3d 311 (La. Ct. App. 2009).
Wooley v. Lucksinger, 14 So. 3d 311 (La. Ct. App. 2009).
· cites it 8× “(1) Except as provided in R.S. 13:5112, R.S. 19:15 and 116, and R.S.”
Daigle v. City of Shreveport, 78 So. 3d 753 (La. Ct. App. 2011).
· cites it 8× “R.S. 13:5112, relative to fixing the amount of court costs assessed against the City.”
Hood v. State Through DOTD, 587 So. 2d 755 (La. Ct. App. 1991).
· cites it 7× “) Although poorly worded, we believe the legislature intended for Section C of LSA-R.S. 13:5112 be applied only to personal injuries occurring after September 6, 1985.”
Rick v. State, Dotd, 630 So. 2d 1271 (La. 1994).
· cites it 3× “The court of appeal then applied LSA-R.S. 13:5112(C) to reduce the interest rate.”
Simpson v. State Through DOTD, 636 So. 2d 608 (La. Ct. App. 1994).
· cites it 6× “13:5106 and LSA-R.S. 13:5112. However, considering the recent holding of the Louisiana Supreme Court in Chamberlain v.”
Harris v. State Ex Rel. Dotd, 997 So. 2d 849 (La. Ct. App. 2008).
· cites it 3× “R.S. 13:5112(A). As amended above, the judgment of the trial court is affirmed.”
Wiley v. City of New Orleans, 809 So. 2d 151 (La. Ct. App. 2002).
· cites it 9× “R.S. 13:5112. Upon reviewing the language of the amendment and Act 828, we find nothing to indicate that the legislature intended to give La.”
Oliver v. Dept. of Pub. Saf. & Corr., 657 So. 2d 596 (La. Ct. App. 1995).
· cites it 6× “" [2] Upon Oliver's demand for payment, ABC declined to pay because these costs were not expressed in the original judgment in a dollar amount as required by LSA-R.S. 13:5112(A). In response to ABC's refusal to pay these costs, on February 17, 1994, Oliver filed an "Exparte…”
Chamberlain v. State, Through DOTD, 624 So. 2d 874 (La. 1993).
· cites it 2× “The first subsidiary issue plaintiffs raise, albeit obliquely, is the constitutionality of LSA-R.S. 13:5112(C), which fixes pre-judgment interest on personal injury and wrongful death claims against the state at six percent.”
Ly v. State Through Dept. of Pub. Saf. & Corr., 633 So. 2d 197 (La. Ct. App. 1993).
· cites it 3× “The trial court further held that LSA-R.S. 13:5112, which limits pre-judgment interest on personal injury and death claims against the State, is unconstitutional.”
Newman Marchive P'ship v. Shreveport, 944 So. 2d 703 (La. Ct. App. 2006).
· cites it 5× “R.S. 13:5112. FACTS In August 1994, the City advertised for architectural services for a Campus Plan for the city government facilities located at 1234 Texas Street.”
Elevating Boats, Inc. v. St. Bernard Par., 795 So. 2d 1153 (La. 2001).
· cites it 2× “Consequently, the district court should allocate half of the costs of the proceedings against each of the parties in accord with La.Rev.Stat. § 13:5112(A). DECREE For the foregoing reasons, we reverse the court of appeal's judgment and reinstate the district court's judgment…”
La. Rev. Stat. § 13:5112(0): 4 cases
La. Rev. Stat. § 13:5112(A): 76 cases
Oliver v. Dept. of Pub. Saf. & Corr., 657 So. 2d 596 (La. Ct. App. 1995).
“" [2] Upon Oliver's demand for payment, ABC declined to pay because these costs were not expressed in the original judgment in a dollar amount as required by LSA-R.S. 13:5112(A). In response to ABC's refusal to pay these costs, on February 17, 1994, Oliver filed an "Exparte…”
Elevating Boats, Inc. v. St. Bernard Par., 795 So. 2d 1153 (La. 2001).
“Consequently, the district court should allocate half of the costs of the proceedings against each of the parties in accord with La.Rev.Stat. § 13:5112(A). DECREE For the foregoing reasons, we reverse the court of appeal's judgment and reinstate the district court's judgment…”
Daigle v. City of Shreveport, 78 So. 3d 753 (La. Ct. App. 2011).
“R.S. 13:5112, relative to fixing the amount of court costs assessed against the City.”
La. Rev. Stat. § 13:5112(B): 4 cases
La. Rev. Stat. § 13:5112(C): 40 cases
Hood v. State Through DOTD, 587 So. 2d 755 (La. Ct. App. 1991).
“) Although poorly worded, we believe the legislature intended for Section C of LSA-R.S. 13:5112 be applied only to personal injuries occurring after September 6, 1985.”
Rick v. State, Dotd, 630 So. 2d 1271 (La. 1994).
“The court of appeal then applied LSA-R.S. 13:5112(C) to reduce the interest rate.”
Chamberlain v. State, Through DOTD, 624 So. 2d 874 (La. 1993).
“The first subsidiary issue plaintiffs raise, albeit obliquely, is the constitutionality of LSA-R.S. 13:5112(C), which fixes pre-judgment interest on personal injury and wrongful death claims against the state at six percent.”
Harris v. State Ex Rel. Dotd, 997 So. 2d 849 (La. Ct. App. 2008).
“R.S. 13:5112(A). As amended above, the judgment of the trial court is affirmed.”
La. Rev. Stat. § 13:5112(D): 5 cases
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