LOUISIANA RULES
OF CIVIL PROCEDURE
Introduction
In the state of
Louisiana, no process server license is required. Process service must be completed by a proper officer, who will leave
the pleading at the dwelling house or usual place of abode of the defendant,
who is of suitable age and discretion, or a residing as a co tenant of the same
age attributes.
Louisiana requires
all affidavits whether served or non-served to be notarized.
Rules
Service on Persons
Types of service; time of making
Personal service
Same; where made
Domiciliary service
Service on representative
Service on incarcerated person
Service on clerical employees of physicians
Service on individual in multiple capacities
Service on Legal
and Quasi Legal Entities
Domestic or foreign corporation
Same; secretary of state
Partnership
Unincorporated association
Political entity; public officer
Limited Liability Company
Persons Authorized
to Make Service
Service by sheriff
Sheriff's return
Service by private person
Service of subpoena
Louisiana Revised
Statutes
Service of process
Supplementary rules of service of process
Service on foreign corporation through secretary of
state
Operation of motor vehicle by non-resident as
appointment of secretary of state as agent for service of process
Service on secretary of state; sending or
delivering notice and copies; filing receipt or affidavit; continuances
Service by constable or court-appointed officer
Inability or refusal of constable or deputy
constable to act; employment of sheriff or deputy; appointment of special
deputy constable
Constable or deputy constable to act when not
disqualified or unwilling or unable to act
Operation of watercraft by non-resident as
appointment of secretary of state as agent for service of process
Service of citation on secretary of state; sending
or delivering notice and copies; filing receipt or affidavit; continuances
Service of any other process on secretary of state
Not to affect other methods of process against
non-residents
Service in suits arising from sale or manufacture of
sugar cane or syrup
Mailing of process to deputy, constable, or marshal
for service; mileage and mailing costs; sheriff not responsible for constable
marshal
Appointment of agent for service of process by
nonresident individual or partnership no defense to nonresident attachment
unless notice filed with secretary of state
TYPES
OF SERVICE; TIME OF MAKING
Service of citation
or other process may be either personal or domiciliary, and except as otherwise
provided by law, each has the same effect. Service, whether personal or
domiciliary, may be made at any time of day or night, including Sundays and
holidays.
PERSONAL
SERVICE
Personal service
is made when a proper officer tenders the citation or other process to the
person to be served.
SAME;
WHERE MADE
Personal service
may be made anywhere the officer making the service may lawfully go to reach
the person to be served.
DOMICILIARY
SERVICE
Domiciliary
service is made when a proper officer leaves the citation or other process at
the dwelling house or usual place of abode of the person to be served with a
person of suitable age and discretion residing in the domiciliary
establishment. Case
Notes:
1. Person's domicile of origin continues
until another is acquired. Change in domicile requires physical presence of
individual in new domicile coupled with present intent to permanently reside in
new domicile. In establishing domicile, intent is based on actual state of
facts and not what one declares them to be. Pattan v. Fields, 669 So.2d 1233
(La. App. 1 Cir., 1995); writ denied 661 So.2d 1341, 1342.2. An 11-year-old was of suitable age and
discretion to accept service on behalf of his stepfather concerning notice of
default judgment where deputy asked questions designed to ascertain if child
was of suitable age and understanding before making service. First Nat. Bank of
Jefferson Parish v. Rall, 607 So.2d 716 (App. 4 Cir., 1992).
SERVICE
ON REPRESENTATIVE
1.
Service is made on
a person who is represented by another by appointment of court, operation of
law, or mandate, through personal or domiciliary service on such
representative.
2.
Service on an
attorney, as a representative of a client, is proper when the attorney's
secretary is served in the attorney's office.
3.
For the purposes
of this Article "secretary" shall be defined as the person assigned
to a particular attorney and who is charged with the performance of that part
of the attorney's business concerned with the keeping of records, the sending
and receiving of correspondence, and the preparation and monitoring of the
attorney's appointments calendar.
SERVICE
ON INCARCERATED PERSON
Service is made on
a person who is incarcerated in a jail or detention facility through personal
service on the warden or his designee for that shift. The warden or his
designee shall in turn make personal service on the person incarcerated. Proof
of service shall be made by filing in the record the affidavit of the person
serving the citation and pleadings on the person who is incarcerated.
SERVICE
ON CLERICAL EMPLOYEES OF PHYSICIANS
Service on any
physician, when not a party to an action, may be made at his or her office through
personal service on any clerical employee of such physician.
SERVICE
ON INDIVIDUAL IN MULTIPLE CAPACITIES
In cases wherein
an individual is named in pleadings in more than one capacity, personal service
on that individual is sufficient to constitute service of process on that
individual in all capacities, including but not limited to as an individual,
tutor, or a representative of a legal or quasi legal entity, when it is clear
from the pleadings or service instructions the capacities in which the
individual is being served.
DOMESTIC
OR FOREIGN CORPORATION
1.
Service of
citation or other process on a domestic or foreign corporation is made by
personal service on any one of its agents for service of process.
a.
If the corporation
has failed to designate an agent for service of process, if there is no
registered agent by reason of death, resignation, or removal, or if the person
attempting to make service certifies that he is unable, after due diligence, to
serve the designated agent, service of the citation or other process may be
made by any of the following methods:
b.
By personal
service on any employee of suitable age and discretion at any place where the
business of the corporation is regularly conducted. c. By service of process under the provisions of R.S. 13:3204, if the
corporation is subject to the provisions of R.S. 13:3201.2. Service of citation or other process on a
bank is made pursuant to R.S. 6:285(C). Case
Note: Service upon
Louisiana corporation by leaving copy of petition with wife of corporation's
registered agent at agent's residence was insufficient, and proceedings which
resulted in default judgment against corporation were null. Service Electric of
Louisiana, Inc. v. Clifton Briley Inc., 479 So.2d 691 (App. 3 Cir., 1985).
SAME;
SECRETARY OF STATE
If the officer
making service certifies that he is unable, after diligent effort, to have
service made as provided in Article 1261, then the service may be made
personally on the secretary of state, or on a person in his office designated
to receive service of process on corporations. The secretary of state shall
forward this citation to the corporation at its last known address.
PARTNERSHIP
Service of
citation or other process on a partnership is made by personal service on a partner.
When the officer certifies that he is unable, after diligent effort, to make
service in this manner, he may make personal service on any employee of
suitable age and discretion at any place where the business of the partnership
is regularly conducted.
UNINCORPORATED
ASSOCIATION
Service on an
unincorporated association is made by personal service on the agent appointed,
if any, or in his absence, upon a managing official, at any place where the business
of the association is regularly conducted. In the absence of all officials from
the place where the business of the association is regularly conducted, service
of citation or other process may be made by personal service upon any member of
the association.
POLITICAL
ENTITY; PUBLIC OFFICER
Service of
citation or other process on any political subdivision, public corporation, or
state, parochial or municipal board or commission is made at its office by
personal service upon the chief executive officer thereof, or in his absence
upon any employee thereof of suitable age and discretion. A public officer,
sued as such, may be served at his office either personally, or in his absence,
by service upon any of his employees of suitable age and discretion. If the
political entity or public officer has no established office, then service may
be made at any place where the chief executive officer of the political entity
or the public officer to be served may be found.
LIMITED
LIABILITY COMPANY
1.
Service of
citation or other process on a domestic or foreign limited liability company is
made by personal service on any one of its agents for service of process.
2.
If the limited
liability company has failed to designate an agent for service of process, if
there is no registered agent by reason of death, resignation, or removal, or if
the person attempting to make service certifies that he is unable, after due
diligence, to serve the designated agent, service of the citation or other
process may be made by any of the following methods:
a.
Personal service
on any manager if the management of the limited liability company is vested in
one or more managers or if management is not so vested in managers, then on any
member.
b.
Personal service
on any employee of suitable age and discretion at any place where the business
of the limited liability company is regularly conducted.
c.
Service of process
under the provisions of R.S. 13:3204, if the limited liability company is
subject to the provisions of R.S. 13:3201.
d.
Service of process
on an attorney appointed to represent the limited liability company under
Article 5091 if the person attempting to make service certifies that he is
unable, after due diligence, to make service on a manager, member, or employee
as provided in Subparagraphs (a) and (b).
SERVICE
BY SHERIFF
Except as
otherwise provided law shall make service made by the sheriff of the parish
where service is to be made or of the parish where the action is pending.
SHERIFF'S
RETURN
The sheriff shall endorse on a copy of the citation or other process
the date, place, and method of service and sufficient other data to show
service in compliance with law. He shall sign and return the copy promptly
after the service to the clerk of court who issued it. The return, when
received by the clerk, shall form part of the record, and shall be considered
prima facie correct. The court, at any time and upon such terms as are just,
may allow any process or proof of service thereof to be amended, unless it
clearly appears that material prejudice would result to the substantial rights
of the party against whom the process issued.
SERVICE
BY PRIVATE PERSON
When the sheriff
has not made service within five days after receipt of the process or when a
return has been made certifying that the sheriff has been unable to make
service, on motion of a party the court may appoint any person not a party over
the age of majority, and residing within the state, to make service of process
in the same manner as is required of sheriffs. Service of process made in this
manner must be proved like any other fact in the case. Case Note: Service was
invalid where court appointed president of detective agency as special process
server, but defendant was actually served by president's employee. Brickman v.
Screven County Hosp. Authority, 599 So.2d 427 (App. 4 Cir., 1992).
SERVICE
OF SUBPOENA
A subpoena shall
be served and a return thereon made in the same manner and with the same effect
as a service of and return on a citation. When a party is summoned as a
witness, service of the subpoena may be made by personal service on the
witness' attorney of record. LOUISIANA REVISED STATUTES 13:3204.
SERVICE
OF PROCESS
1.
If service of
process cannot be made on the nonresident by registered or certified mail or by
actual delivery, the court shall order that service of process be made on an
attorney at law appointed to represent the defendant pursuant to Code of Civil
Procedure Article 5091.
2.
Service of process
so made has the same legal force and validity as personal service on the
defendant in this state.
3.
For purposes of
this Section, a "commercial courier" is any foreign or domestic
business entity having as its primary purpose the delivery of letters and
parcels of any type, and which:
a.
Acquires a signed
receipt from the addressee, or the addressee's agent, of the letter or parcel
upon completion of delivery.
b.
Has no direct or
indirect interest in the outcome of the matter to which the letter or parcel
concerns.
SUPPLEMENTARY
RULES OF SERVICE OF PROCESS
The following
rules supplement those governing the service of citation and other legal
process in a civil action or proceeding contained in the Code of Civil
Procedure:
1.
If the foreign
corporation or the foreign limited liability company is not one required by law
to appoint an agent for the service of process, but has engaged in a business
activity in this state, service of process in an action or proceeding on a
cause of action resulting from such business activity in this state, or for any
taxes due or other obligations arising therefrom, may be made on any employee
or agent of the corporation or limited liability company of suitable age and
discretion found in the state.
2.
If such employees
or agents are no longer in the state, or cannot be found after diligent effort,
the officer charged with the duty of making the service shall make his return
to the court, stating the efforts made by him to secure service and the reason
why he was unable to do so. Thereupon the court shall order that service shall
be made on the secretary of state, or on some other individual in his office
whom the secretary of state may designate to receive service of process.
3.
The secretary of
state shall ascertain the domiciliary post office address of the corporation,
or limited liability company and shall send the original papers served to the
corporation or limited liability company by registered mail, with return
receipt requested. The secretary of state shall retain in his office true
copies of these papers, on which he shall note the date, the manner and other
particulars of the service, and of the disposition made of the original papers.
a.
In an action or
proceeding brought in a parish other than that of the domicile of a defendant,
citation and all other legal process may be served on this defendant in the
parish where the action or proceeding was brought, if the defendant can be
served therein. Otherwise, the process may be sent by the clerk of the court
from which it issued to any parish where the defendant may be found, and
service may be made by the sheriff or a constable of the latter parish.
b.
When an action or
proceeding is brought in the parish of the domicile of a defendant, and the
latter is absent therefrom, service may be made on him in any parish of the
state where he may be found.
c.
An acceptance of
service shall be dated, and if no date is shown thereon, the acceptance takes
effect from the date of its filing in court. No acceptance of service shall
affect the delays allowed by law or by the local rules of court.
d.
The return of the
serving officer on any citation or other legal process is conclusive, unless
directly attacked. Such an attack may be made by rule in the action or
proceeding, if made prior to judgment. If made after judgment, the return may
be attacked only in a direct action to annul the judgment, which may be brought
in the original action or proceeding. If the defendant was actually served, the
court may correct an error in the return by an amendment thereof, on a rule
brought against and tried contradictorily with the defendant who was served, or
any other party who may be affected by the amendment.
e.
Service of process
on an inmate of a public institution may be made by the sheriff or any constable
of the parish where the institution is situated.
f.
Service of process
by a sheriff or constable shall be returned into the court which issued the
process as soon as possible after the service is made. In addition thereto, the
serving officer shall keep a complete record thereof in a book specially
provided for that purpose. If the original return is lost or destroyed, the
entries in this book shall be received and recognized in lieu thereof, subject
to the provisions of R.S. 13:3471(5).
g.
Subsequent to service
of the original petition in any civil action or proceeding, service of
pleadings, documents, or notices that may be served by mail or delivery on an
attorney of record may also be made by delivering a copy to the attorney by
means of a telephonic facsimile communication device, if the attorney maintains
such device at his office and the device is operating at the time service is
made. When service is made as provided herein, the party or attorney making the
service shall file in the record a certificate showing service was made by
telephonic facsimile communication device.
SERVICE
ON FOREIGN CORPORATION THROUGH SECRETARY OF STATE
In any case where
service on a foreign corporation may be made through the secretary of state,
under any law heretofore or hereafter enacted, such service may be made in
person on the secretary of state anywhere in the state. Should the secretary of
state be absent from his office, service may be made on the assistant secretary
of state, or on some other individual in the office of the secretary of state
designated by the latter to receive service of process in his absence, and such
service has the same effect as if made upon the secretary of state personally.
OPERATION
OF MOTOR VEHICLE BY NON-RESIDENT AS APPOINTMENT OF SECRETARY OF STATE AS AGENT
FOR SERVICE OF PROCESS
The acceptance by
non-residents of the rights and privileges conferred by existing laws to
operate motor vehicles on the public highways of the state of Louisiana, or the
operation by a non-resident or his authorized agent, employee or person for
whom he is legally responsible of a motor vehicle within the state of
Louisiana, shall be deemed equivalent to an appointment by such non-resident of
the secretary of state of Louisiana or his successor in office, to be his true
and lawful attorney for service of process, as well as the attorney for service
of process of the public liability and property damage insurer of the vehicle,
if such insurer be a non-resident not authorized to do business in the state, upon
whom or such insurer, may be served all lawful process in any action or
proceeding against the non-resident, or such insurer, growing out of any
accident or collision in which the non-resident may be involved while operating
a motor vehicle in this state, or while same is operated by his authorized
agent or employee. In the event of the death of such non-resident before
service of process upon him, any action or proceeding growing out of such
accident or collision may be instituted against the executors or administrators
of such deceased non-resident, if there be such, and if not, then against his
heirs or legatees, and service may be made upon them as provided in R.S.
13:3475. Process against the defendant or defendants, the non-resident, his
executors or administrators, if there be such, and if not, then against his
heirs or legatees, or the liability insurer of such vehicle, as the case may
be, shall be of the same legal force and validity as if served upon such
defendant personally.
SERVICE
ON SECRETARY OF STATE; SENDING OR DELIVERING NOTICE AND COPIES; FILING RECEIPT
OR AFFIDAVIT; CONTINUANCES
1.
The service of the
process authorized by R.S. 13:3474 shall be made by serving a copy of the
petition and citation on the secretary of state, or his successor in office,
and such service shall be sufficient service upon said defendant, the
nonresident, the executors or administrators of the deceased non-resident, if
there be such, and if not, then against his heirs or legatees, or the
nonresident liability insurer of the vehicle, as the case may be; provided that
notice of such service, together with a copy of the petition and citation, is
forthwith sent by the plaintiff by registered mail or certified mail with
receipt requested, or is actually delivered to the defendant and the
defendant's return receipt, in case notice is sent by registered or certified
mail, or affidavit of the party delivering the petition and citation in case
notice is made by actual delivery, is filed in the proceedings before judgment can
be entered against the defendant. The court in which the action is pending may
order such continuances as may be necessary to afford the defendant reasonable
opportunity to defend the action.
2.
For purposes of
this Section, the return receipt indicating that the registered or certified
mail was actually delivered, refused, or unclaimed, is satisfactory proof of
service of process if mailed to the defendant's address as indicated on the
defendant's safety responsibility personal accident report, SR10, or if such
report was not timely filed with the Department of Public Safety and
Corrections, if mailed to the defendant's address as indicated on the accident
report filed with the department by the law enforcement officer who responded
to the accident.
SERVICE
BY CONSTABLE OR COURT-APPOINTED OFFICER WHEN SERVICE CANNOT BE MADE BY THE
SHERIFF; SHERIFF AN INTERESTED PARTY
Whenever the
sheriff of any parish shall be interested in any suit or other legal process,
or when there shall be no sheriff in office in any parish, or the sheriff shall
be disqualified by law, from interest or otherwise, from serving any legal
process, it shall be served by any regular constable of the parish, or by any
officer appointed by the court. Such constable or officer shall have in the
suit all powers, receive all the emoluments, and be liable to all the
responsibilities of the sheriff.
INABILITY
OR REFUSAL OF CONSTABLE OR DEPUTY CONSTABLE TO ACT; EMPLOYMENT OF SHERIFF OR
DEPUTY; APPOINTMENT OF SPECIAL DEPUTY CONSTABLE
In case of the
inability or refusal to act on the part of the constable or a duly appointed
deputy constable because of relationship, sickness or from other causes in
civil suits, and in case of the execution of conservatory writs in civil suits,
the justices of the peace may employ either the sheriff or his deputy or
appoint a special deputy constable to execute all orders, citations, summons,
seizures and writs.
CONSTABLE
OR DEPUTY CONSTABLE TO ACT WHEN NOT DISQUALIFIED OR UNWILLING OR UNABLE TO ACT
When there is a
constable or duly appointed deputy constable not disqualified to act because of
relationship, or unable to act on account of sickness or other cause, and who
is willing to act, and who is personally present when conservatory writs are
sued out, then and in these cases, the justice of the peace for whose ward said
constable shall have been elected or appointed and qualified, shall employ said
constable or his duly appointed deputy constable to the exclusion of the
sheriff or his deputy, or a special deputy constable, to execute all orders,
citations, summons, seizures and writs in civil cases, and in such cases
services made by other than said constable or his duly appointed deputy
constable shall be void and of no effect.
OPERATION OF WATER CRAFT BY NON-RESIDENT
AS APPOINTMENT OF SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS
The operation,
navigation or maintenance by a non-resident or non-residents of a boat, ship,
barge of other water craft in the state, either in person or through others,
and the acceptance thereby by such non-resident or non-residents of the
protection of the laws of the state for such water craft, or the operation,
navigation or maintenance by a non-resident or non-residents of a boat, ship,
barge or other water craft in the state, either in person or through others,
other than under the laws of the state, shall be deemed equivalent to an
appointment by each such non-resident of the Secretary of State, or his
successor in office or some other person in his office during his absence he
may designate, to be the true and lawful attorney of each such non-resident for
service of process, upon whom may be served all lawful process in any suit,
action or proceeding against such non-resident or non-residents growing out of
any accident or collision in which such non-resident or non-residents may be
involved while, either in person or through others, operating, navigating or
maintaining a boat, ship, barge or other water craft in the state; and such
acceptance or such operating, navigating or maintaining in the state of such
water craft shall be a signification of each such non-resident's agreement that
any such process against him which is so served shall be of the same legal
force and effect as if served on him personally.
SERVICE
OF CITATION ON SECRETARY OF STATE; SENDING OR DELIVERING NOTICE AND COPIES;
FILING RECEIPT OR AFFIDAVIT; CONTINUANCES
Service of
citation in any case provided in R.S. 13:3479 shall be made by serving a copy
of the petition and citation on the secretary of state, or his successor in
office, and such service shall be sufficient service upon any such
non-resident; provided that notice of such service, together with a copy of the
petition and citation are forthwith sent by registered mail by the plaintiff to
the defendant, or actually delivered to the defendant, and the defendant's
return receipt, in case notice is sent by registered mail, or affidavit of the
party delivering the petition and citation in case notice is made by actual
delivery, is filed in the proceedings before judgment can be rendered against
any such non-resident. The court in which the action is pending may order such
continuances as may be necessary to afford the defendant reasonable opportunity
to defend the action.
SERVICE OF
ANY OTHER PROCESS ON SECRETARY OF STATE
Service of any
process other than citation in any case provided by R.S. 13:3479 shall be made
by serving a copy thereof on the secretary of state, and such service shall be
sufficient service upon any such non-resident.
NOT TO
AFFECT OTHER METHODS OF PROCESS AGAINST NON-RESIDENTS R.S. 13:3479 THROUGH
13:3481
Nothing in R.S.
13:3479 through 13:3481 shall be construed as affecting other methods of
process against non-residents as now provided by existing laws.
SERVICE
IN SUITS ARISING FROM SALE OR MANUFACTURE OF SUGAR CANE OR SYRUP
In all cases
provided in R.S. 13:3232 where suit is brought in the parish in which the
domicile of defendant is not situated, service of petition, citation and other
process shall be made by delivering the same to the agent, overseer or manager
of the factory of defendant.
MAILING
OF PROCESS TO DEPUTY, CONSTABLE, OR MARSHAL FOR SERVICE; MILEAGE AND MAILING
COSTS; SHERIFF NOT RESPONSIBLE FOR CONSTABLE MARSHAL
When requested to
do so by the party at whose instance service is to be made, and when the place
where service is to be made is more than ten miles distant from the sheriff's
office, the sheriff may mail the process to be served to one of his deputies, a
constable of a justice of the peace court, or to a constable or marshal of a
city court, living in the vicinity of the place where service is to be made,
for such service. If service is made as authorized in this section, the serving
deputy, constable, or marshal shall make the return showing the manner in which
service was made, and mail it to the sheriff for filing in the issuing court.
When a party has requested service, as authorized in this section, whether the
sheriff complies with the request or not, the only mileage for which the
sheriff may charge is for the actual distance from the home or office,
whichever is lesser, of the deputy, constable, or marshal to the place where
service is to be made, and return. The sheriff may also charge the actual cost
of mailing the process and return, if service is made as authorized in this
section. The sheriff is not responsible for the performance or nonperformance
of duties in making the service and return thereon by the constable or marshal
to whom the process is mailed for service.
APPOINTMENT
OF AGENT FOR SERVICE OF PROCESS BY NONRESIDENT INDIVIDUAL OR PARTNERSHIP NO
DEFENSE TO NONRESIDENT ATTACHMENT UNLESS NOTICE FILED WITH SECRETARY OF STATE
The appointment of
an agent for the service of process by a nonresident individual or partnership
is no defense to an attachment of property on the grounds of the non-residence
of the defendant unless a written notice of such appointment, setting forth the
name and address of the agent, has been filed with the secretary of state. The
secretary of state shall keep available for public inspection a record of all
such appointments, and the dates thereof.
In Louisiana,
lobbyists and state officials are always active in transforming laws concerning
civil procedure. As a result, state
information offered on our website may have been amended recently. For contemporary process serving and civil
statutes, visit the official Louisiana Judicial System Court website: http://www.louisiana.gov
