2018 Louisiana Laws
Revised Statutes
TITLE 15 - Criminal Procedure
RS 15:1178 - Judicial screening

Universal Citation: LA Rev Stat § 15:1178 (2018)

NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.

§1178. Judicial screening

           A. When a clerk of court receives a petition for judicial review filed under the provisions of R.S. 15:1177, the clerk shall transmit the petition to the appropriate division or official of the court prior to taking any action on the petition.

           B. The court, as soon as practicable after receiving the petition, shall review the petition to determine if the petition states a cognizable claim or if the petition, on its face, is frivolous or malicious, or fails to state a cause of action, or seeks monetary damages from a defendant who is immune from liability for monetary damages.

           C. If the court determines that the petition states a cognizable claim, the court shall return the petition to the clerk of court for service of process.

           D. If the court determines that the petition, on its face, is frivolous, or fails to state a cause of action, or seeks monetary damages from a defendant who is immune from liability for monetary damages, the court may dismiss the petition, or any portion of the petition, without requiring the exhaustion of administrative remedies.

           Acts 1997, No. 716, §1.

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