Non-Probate Civil Court Records
In addition to probate records, the below court records are useful for genealogy research, including emancipations, divorce filings, interdictions, and adoptions. Any court records that have not been microfilmed must be requested according to the City Archives’ Materials Request Guidelines.
For a full description of the court records held by the City Archives, please see the Court Records link at the bottom of this page
Indexing for Non-Probate Civil Court Records
Published indexes to civil court records are available only for probate/succession records. Researchers interested in accessing other types of court proceedings must use microfilm copies of the original manuscript indexes prepared by the court clerks when the suits themselves were filed. Generally, such indexes are available for the post-1835 period only. Microfilmed indexes will be found with each court series, filed under V_350i.
The existing general docket books and the plaintiffs’ and defendants’ indexes for the Commercial Court, the Parish Court, the First Judicial District Court, and the Third, Fourth, Fifth, Sixth and Seventh District Courts have been digitized and are available FamilySearch.org. You must create an account with FamilySearch in order to view the images, but the account is free.
The Archives staff, assisted by a number of volunteers, has “reconstructed” indexes to the surviving suit records from the City Court, County Court, Parish Court (1813-1835 only), the First Judicial District Court (1813-1835 only), and the Superior Court and has made them digitally available.
In addition, the original minute books (or, for Civil District Court, the Judicial Record Books) for many of the courts have also been filmed. Minute books can be useful in finding reference to court proceedings of interest, especially when indexes are not available for a particular court for a given time period.
This category of court proceedings relates to the emancipation of minors, rather than of enslaved individuals. (Emancipations of enslaved individuals are described in the Records of Enslaved Persons section.)
In Louisiana, minors above the age of eighteen but not yet legally adults sometimes came into the possession of property, often through succession. In order for minors to be able to handle their own property, state law provided for judicial emancipation . Records of emancipation proceedings usually include the names of the minor and parent(s), the age and/or date of birth of the minor, and some statement of the reasons for requesting emancipation.
The earliest emancipation records appear to have been filed in the Parish Court, but some also exist in the files of the First Judicial District Court. After 1846 emancipations were filed in the Second District Court and, after 1880, in Docket 1 of Civil District Court. Emancipation records are available on microfilm according to the following call numbers:
- Parish Court, call number: mf VCP
- First Judicial District Court, call number: mf VMA
- Second District Court, call number: mf VSB
- Civil District Court, call number: mf VT; access is through Docket 1; unfilmed records must be requested by docket number according to Materials Request Guidelines.
During the territorial period, separation proceedings were heard in the City Court. After 1812, the Parish Court took over such jurisdiction and in 1827 became responsible for divorce proceedings as well. After 1846, the Third District Court assumed jurisdiction for separation and divorce. Beginning in 1880 such matters were entered on Docket 5 of Civil District Court. It should be noted, however, that prior to 1845, divorces could be granted only by legislative act. Divorce records are available according to the following call numbers:
- City Court, call number VH. Unfilmed; must be requested by docket number according to Materials Request Guidelines.
- Parish Court, call number: mf VCP
- Third District Court, call number: mf VSC
- Civil District Court, call number: mf VT; access is through Docket 5; unfilmed records must be requested by docket number according to Materials Request Guidelines.
There are also suits in which married women whose husbands had abandoned them were required to gain court approval before entering into any number of contractual agreements. Even married women whose husbands were present often needed their approval before being allowed to buy or sell property, etc. Virtually any court proceeding involving a married woman, therefore, might involve documentation bearing on her marital situation.
Individuals who were no longer mentally sound enough to take care of their property were subject to interdiction proceedings brought by relatives, business partners, or other concerned parties. In such proceedings, the court appointed a curator to care for the affairs of the interdicted party. Interdictions were filed in the Second District Court and, after 1880, in Docket 1 of Civil District Court.
- Second District Court, call number: mf VSB
- Civil District Court, call number: mf VT; access is through Docket 1; unfilmed records must be requested by docket number according to Materials Request Guidelines.
During the nineteenth century, courts in Louisiana had jurisdiction over the adoption of children only during the period 1864- 1872. Prior to that time adoption was prohibited by the state constitution, and in the latter year the process became one that was accomplished by private act before a notary public. During the nine years of judicial supervision, adoption proceedings could be filed in any of the district courts in New Orleans except for the First District Court. In 1932, legislation again required judicial approval of adoption.
- Second District Court, call number: mf VSB
- Third District Court, call number: mf VSC
- Fourth District Court, call number: mf VSD
- Fifth District Court, call number: mf VSE
Usually bearing on the heirship rights of minor children, these records generally were filed in the Court of Probates or in its successor courts.
Generally speaking, there is no requirement that a name change be accomplished through a judicial proceeding. Individuals are free to use any name(s) that they prefer, provided that there is no fraudulent intent involved. The option of legal change of name through a court proceeding is available, however, for anyone interested in recording the new appellation. State law provides that such proceedings be formulated as [Name of Person Seeking the name change] vs. District Attorney of ____.
Probate and Succession Records
Probate and Successions records filed in Orleans Parish civil courts.
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