Louisiana Rules of Civil Procedure

This article will provide guidance on Louisiana Rules of Civil Procedure. Disclaimer: Due to the law’s rapidly changing nature, there will be times when the material on this site will not be current. It is provided for general information and is not intended as legal advice. It should not be considered comprehensive or exhaustive and is not a substitute for advice from your attorney. We make no express or implied warranty as to the material’s accuracy, reliability, completeness, timeliness, or appropriateness for a particular purpose, including applicability to your jurisdiction or circumstances. We assume no liability for any direct, indirect, or consequential damages resulting from your reliance on this material; you do so at your own risk. Seek the advice of an attorney. Comments, corrections, or suggestions should be directed to info@undisputedlegal.com. The information listed below may have been amended. For updated process serving legislation, please visit the Louisiana Courts website.

Louisiana Process Service Requirements

Domiciliary service is made when a proper officer leaves the citation or other process at the dwelling house or usual place of abode to be served with a person of suitable age and discretion residing in the domiciliary establishment.

Chapter 2. Service on Persons

Louisiana Rules of Civil Procedure Art. 1231. Types of service; time of making

Service of citation or another process may be either personal or domiciliary, except as otherwise provided by law; each has the same effect. Whether personal or domiciliary, service may be made at any time of day or night, including Sundays and holidays.

Louisiana Rules of Civil Procedure Art. 1232. Personal service

Personal service is made when a proper officer tends the citation or other process to the person to be served.

Louisiana Rules of Civil Procedure Art. 1233. Same; were made

Personal service may be made anywhere the officer doing the service may lawfully reach the person to be served.

Louisiana Rules of Civil Procedure Art. 1234. Domiciliary service

Case Notes:
1. Person’s domicile of origin continues until another is acquired. Change in domicile requires an individual’s physical presence in a new domicile coupled with the present intent to reside in the new domicile permanently. In establishing a domicile, the intent is based on the actual state of facts and not what one declares them. 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. The deputy asked questions designed to ascertain if the child was of suitable age and understanding before doing service. First Nat. Bank of Jefferson Parish v. Rall, 607 So.2d 716 (App. 4 Cir., 1992).

Louisiana Rules of Civil Procedure Art. 1235. Service on representative

(A) Service is made on a person represented by another by the court’s appointment, operation of law, or mandate, through personal or domiciliary service on the such representative.

(B) Service on an attorney, as a representative of a client, is proper when the attorney’s secretary is served in the attorney’s office.

(C) For 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.

Louisiana Rules of Civil Procedure Art. 1235.1. Service on an incarcerated person

Service is made to a person incarcerated in a jail or detention facility through personal service from the warden or his designee for that shift. The warden or his designee shall, in turn, make personal service to the person incarcerated. Proof of service shall be made by filling in the record the affidavit of the person serving the citation and pleadings on the incarcerated person.

Louisiana Rules of Civil Procedure Art. 1236. Service on clerical employees of physicians

When not a party to an action, service on any physician may be made at his or her office through personal service on any clerical employee of such physician.

Louisiana Rules of Civil Procedure Art. 1237. Service to the 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.

Chapter 3. Service on Legal and Quasi Legal Entities

Louisiana Rules of Civil Procedure Art. 1261. A domestic or foreign corporation

(A) Service of citation or another process on a domestic or foreign corporation is made by personal service on any of its agents for service of process.

(1) If the corporation has failed to designate an agent for service of process, if there is no registered agent because 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:

(2) By personal service on any employee of suitable age and discretion at any place where the corporation’s business is regularly conducted.

(3) By service of process under the provisions of R.S. 13:3204, if the corporation is subject to R.S. 13:3201.

(C) Service of citation or another process on a bank is made under R.S. 6:285(C).
Case Note:
Service upon Louisiana corporation by leaving a copy of the petition with the wife of the corporation’s registered agent at the agent’s residence was insufficient, and proceedings which resulted in a default judgment against the corporation were null. Service Electric of Louisiana, Inc. v. Clifton Briley Inc., 479 So.2d 691 (App. 3 Cir., 1985).

Louisiana Rules of Civil Procedure Art. 1262. Same; secretary of state

Suppose the officer making service certifies that he is unable, after diligent effort, to have service made as provided in Article 1261. In that case, the service may be made personally on the secretary of state or to 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.

Louisiana Rules of Civil Procedure Art. 1263. Partnership

Service of citation or another process on a partnership is made by personal service on a partner. When the officer certifies that he is unable, after diligent effort, to do service in this manner, he may do personal service to any employee of suitable age and discretion at any place where the partnership’s business is regularly conducted.

Louisiana Rules of Civil Procedure Art. 1264. 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. The association’s business is regularly conducted. In the absence of all officials from the place where the association’s business is regularly conducted, service of citation or another process may be made by personal service upon any member of the association.

Art. 1265. Political entity; public officer

Service of citation or another 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, 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. Suppose the political entity or public officer has no established office. In that case, 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.

Art. 1266. Limited liability company

(A) Service of citation or another process on a domestic or foreign limited liability company is made by personal service on any of its agents for service of process.

(B) If the limited liability company has failed to designate an agent for service of process, if there is no registered agent because 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:

(1) Personal service on any manager if the limited liability company’s management is vested in one or more managers or if management is not so vested in managers, then on any member.

(2) Personal service on any employee of suitable age and discretion at any place where the limited liability company’s business is regularly conducted.

(3) 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.

(4) Service of process on an attorney appointed to represent the limited liability company under Article 5091 if the person attempting to do service certifies that he is unable, after due diligence, to make service on a manager, member, or employee as provided in Subparagraphs (1) and (2).

Chapter 4. Persons Authorized to Do Service

Art. 1291. Service by sheriff

Except as otherwise provided by law, service shall be made by the sheriff of the parish where service is to be made or of the parish where the action is pending.

Art. 1292. Sheriff’s return

The sheriff shall endorse a copy of the citation or other process, the date, place, and method of service, and sufficient other data to show service compliance with the law. He shall sign and return the copy promptly after the service to the court clerk who issued it. When received by the clerk, the return shall form part of the record and be considered prima facie correct. At any time and upon such terms, the court may allow any process or proof of service thereof to be amended unless it appears that material prejudice would result in the substantial rights of the party against whom the process was issued.

Art. 1293. Service by a private person

When the sheriff has not done service within five days after receipt of the processor when a return has been made certifying that the sheriff has been unable to do service, on the 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 when the court appointed the president of the detective agency as a special process server, but the president’s employee served the defendant. Brickman v. Screven County Hosp. Authority, 599 So.2d 427 (App. 4 Cir., 1992).

Art. 1355. 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

(B) 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 under the Code of Civil Procedure Article 5091.

(C) Service of the process so made has the same legal force and validity as personal service on the defendant in this state.

(D) 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:

(1) Acquires a signed receipt from the addressee, or the addressee’s agent, of the letter or parcel upon completion of delivery.

(2) Has no direct or indirect interest in the outcome of the matter to which the letter or parcel concerns.

13:3471. Supplementary rules of service of process
The following rules supplement those governing the service of citation and another legal process in a civil action or proceeding contained in the Code of Civil Procedure:

(a) 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 business activity in this state, service of process in 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.

(b) 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 be made on the secretary of state or some other individual in his office whom the secretary of state may designate to receive service of process.

(c) 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. He shall note the date, manner, and other particulars of the service and the original papers’ disposition.

(2) In an action or proceeding brought in a parish other than that of the domicile of a defendant, citation and all other legal processes 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 court clerk from which it is 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.

(3) When an action or proceeding is brought in the parish of a defendant’s domicile, and the latter is absent, service may be made on him in any parish of the state where he may be found.

(4) 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 the local rules of court.

(5) The serving officer’s return 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 before judgment. If made after judgment, the return may be attacked only directly to annul the judgment, which may be brought in the original action or proceeding. If the defendant was served, the court might 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 affected by the amendment.

(6) 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.

(7) Service of process by a sheriff or constable shall be returned to the court which issued the process as soon as possible after the service is made. Also, the serving officer shall keep a complete record 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).

(8) after 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 using a telephonic facsimile communication device if the attorney maintains such device at his office. The device is operating at the time service is made. When service is provided herein, the party or attorney doing the service shall file in the record the telephonic facsimile communication device made a certificate showing service.

13:3472. Service on the foreign corporation through the secretary of state, In any case, service on a foreign corporation may be made through the secretary of state, under any law heretofore or enacted, such service may be made in person on the secretary of 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 some other individual in the state’s secretary designated by the latter to receive service of process in his absence. Such service has the same effect as if made upon the secretary of state personally.

13:3474 Operation of a motor vehicle by non-resident as the 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 by 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.

13:3475. Service on the secretary of state; sending or delivering notice and copies; filing receipt or affidavit; continuances

(A) 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. 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 delivered to the defendant and the defendant’s return receipt, in case of 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 necessary to afford the defendant a reasonable opportunity to defend the action.

(B) For purposes of this Section, the return receipt indicating that the registered or certified mail was 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.

13:3476. Service by a constable or court-appointed officer when the sheriff cannot do service; 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 sheriff’s responsibilities.

13:3477. 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 constable or a duly appointed deputy constable because of relationship, sickness, or other causes in civil suits. 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.

13:3478. 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 a 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 should 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. In such cases, services made by other than said constable or his duly appointed deputy constable shall be void and of no effect.

13:3479. Operation of watercraft by non-resident as the 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.

13:3480. Service of citation on the 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 delivered to the defendant. In case of notice, the defendant’s return receipt is sent by registered mail or affidavit of the party delivering the petition. The 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 necessary to afford the defendant a reasonable opportunity to defend the action.

13:3481. Service of any other process on the secretary of state Service of any process other than a citation in any case provided by R.S. 13:3479 shall be made by serving a copy thereof on the secretary of state. Such service shall be sufficient service upon any such non-resident.

13:3482. 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 process methods against non-residents as now provided by existing laws.

13:3483. Service in suits arising from the sale or manufacture of sugar cane or syrup In all cases provided in R.S. 13:3232 where the suit is brought in the parish in which the domicile of the defendant is not situated, service of the petition, citation, and another process shall be made by delivering the same to the agent, overseer, or manager of the factory of the defendant.

13:3484. Mailing of the 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 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 how 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 the service and returns by the constable or marshal to whom the process is mailed for service.

13:3485. Appointment of an agent for service of process by a nonresident individual or partnership no defense to nonresident attachment unless notice is filed with the 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 nonresidence 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 state’s secretary shall keep available for public inspection a record of all such appointments and the dates thereof.

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