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Louisiana Process Server Service of Process in All 64 Parishes, Under the Code of Civil Procedure

A Louisiana process server serves a citation once the court appoints one: the parish sheriff goes first, and La. C.C.P. art. 1293 opens the appointment after the sheriff’s ten days or a return of non-service. Served 123 LLC arranges service in all 64 parishes, with up to three attempts per address and the server’s affidavit of service; a subpoena return is signed before a notary, as art. 1355(B) requires.

Questions? Call (800) 321-2377

How Louisiana Service of Process Works

  1. 1

    Upload the Citation.

    Send the citation and petition, or the subpoena, online at any hour, with the Louisiana address where the person or company can be found.

  2. 2

    Approve the Quote.

    You get a written quote with the cost and turnaround for that parish, and the art. 1293 appointment steps when your citation needs them.

  3. 3

    We Serve. You Get the Affidavit.

    You receive the server’s affidavit of service (signed before a notary for a subpoena, art. 1355(B)), stating the date, place and manner of service and the person served.

What to Have Ready

  • The citation for each defendantservice is requested within 90 days of filing
  • When the sheriff got the processthe appointment motion opens after ten days or a non-service return
  • The witness deposit receipta trial or hearing subpoena issues only after the clerk deposit

Who We Serve in Louisiana

  • Individualsby tender in person anywhere the server may lawfully go, or domiciliary service on a suitable member of the household C.C.P. arts. 1232–⁠1234
  • Corporationsany agent for service of process; an officer, director or employee if the agent cannot be served C.C.P. art. 1261
  • LLCsits agent; else a manager (a member if none), or an employee of suitable age and discretion where it regularly does business C.C.P. art. 1266
  • Public bodiesthe chief executive officer at its office, or, in that officer's absence, any employee there of suitable age and discretion C.C.P. art. 1265

Louisiana Service of Process Order

Request a free written quote. Each address starts in Louisiana. Serving someone in another state? Change the first address’s State and we take you to that state’s page with your entries kept.

Louisiana Quick Answers

Can a private process server serve a Louisiana citation?
Yes, once the court appoints one under art. 1293(A): after the sheriff’s ten days or a return of non-service. C.C.P. art. 1293(A) More
Is the 90-day rule a deadline to serve?
No. It is a deadline to request service and pay the clerk’s fees; a timely request stands even if the service proves defective. C.C.P. art. 1201(C)–⁠(E) More
Who may serve a Louisiana subpoena?
The sheriff first. After five days, or a return of non-service, any non-party Louisiana resident over the age of majority. C.C.P. art. 1355(B) More
Map of Louisiana’s 64 parishesAcadia ParishAllen ParishAscension ParishAssumption ParishAvoyelles ParishBeauregard ParishBienville ParishBossier ParishCaddo ParishCalcasieu ParishCaldwell ParishCameron ParishCatahoula ParishClaiborne ParishConcordia ParishDe Soto ParishEast Baton Rouge ParishEast Carroll ParishEast Feliciana ParishEvangeline ParishFranklin ParishGrant ParishIberia ParishIberville ParishJackson ParishJefferson ParishJefferson Davis ParishLafayette ParishLafourche ParishLaSalle ParishLincoln ParishLivingston ParishMadison ParishMorehouse ParishNatchitoches ParishOrleans ParishOuachita ParishPlaquemines ParishPointe Coupee ParishRapides ParishRed River ParishRichland ParishSabine ParishSt. Bernard ParishSt. Charles ParishSt. Helena ParishSt. James ParishSt. John the Baptist ParishSt. Landry ParishSt. Martin ParishSt. Mary ParishSt. Tammany ParishTangipahoa ParishTensas ParishTerrebonne ParishUnion ParishVermilion ParishVernon ParishWashington ParishWebster ParishWest Baton Rouge ParishWest Carroll ParishWest Feliciana ParishWinn Parish
All 64 Louisiana parishes covered

Where We Serve in Louisiana

64Parishes Covered
Up to 3Attempts Per Address
Same-DayRush Available
NAPPSMember Since 2023

The Louisiana 90-Day Rule: Request Service, Pay the Clerk

La. C.C.P. art. 1201(C) requires that service of the citation be requested on every named defendant within 90 days of commencement, which is the filing of the petition (art. 421). A defendant first named in a supplemental or amended petition gets 90 days from that filing and is served with both petitions (art. 1201(C)).

The clerk’s initial fees are due within the same 90 days. A request made and paid on time stays timely even if the service proves insufficient or erroneous (art. 1201(D)).

Last day to request service
90 Days
Counted from the filing that names the defendant. Missing it calls for dismissal without prejudice as to that defendant, on a declinatory exception or a contradictory motion, unless good cause is shown (art. 1672(C)). A defendant who raises neither waives the requirement (art. 1201(C)). Suits naming the state, a state agency, a political subdivision, or an officer or employee of one follow R.S. 13:5107(D).
General information, not legal advice. If a prescriptive period is close, ask counsel how a late request affects the case.

Louisiana Process Server Rules at a Glance

The key rules of the Louisiana Code of Civil Procedure, Book II, and the Revised Statutes that sit beside it.

10 daysThe sheriff holds a citation this long before a party may move for a private server, unless a return of non-service comes soonerC.C.P. art. 1293(A)
5 daysThe sheriff’s window on a subpoena; after it, a non-party Louisiana resident over the age of majority may serve with no orderC.C.P. art. 1355(B)
90 daysTo request service on each named defendant and pay the clerk’s initial feesC.C.P. art. 1201(C), (E)
When the sheriff has not made service within ten days after receipt of the process or when a return has been made certifying that the sheriff has been unable to make service, whichever is earlier, on motion of a party the court shall appoint a person over the age of majority, not a party and residing within the state whom the court deems qualified to perform the duties required, to make service of process in the same manner as is required of sheriffs.
La. C.C.P. art. 1293(A)
Who serves first
Except as otherwise provided by law, the sheriff of the parish where service is to be made, or of the parish where the action is pending. When the suit is filed outside the defendant’s home parish, the defendant may be served in the parish of suit if found there; otherwise the clerk may send the process to any parish where the defendant may be found, for that parish’s sheriff or a constable to serve. When the suit is filed in the defendant’s home parish and the defendant is away from it, the defendant may be served in any parish where found. An inmate of a public institution may be served by the sheriff or any constable of the parish where the institution sits.
La. C.C.P. art. 1291; La. R.S. 13:3471(2), (3), (6)
Private process servers
For a citation served in Louisiana, only by court appointment. When the sheriff has not served within ten days after receiving the process, or has returned it certifying that service could not be made (whichever is earlier), the court on a party’s motion appoints a person over the age of majority, which is 18, who is not a party, resides in Louisiana and whom the court deems qualified, to serve in the same manner as a sheriff. The court may instead appoint a company, which then picks an employee or agent meeting the same test.
La. C.C.P. art. 1293(A), (C); La. Civ. Code art. 29
Summary proceedings
For notice of a summary proceeding under art. 2592, or a subpoena related to it, the court has discretion to appoint a private server without first requiring the sheriff to attempt service. The motion gives the reasons, verified by affidavit, such as the urgent nature of the hearing and knowledge of where the person to be served is.
La. C.C.P. art. 1293(B)
Who may serve a subpoena
A subpoena is served, and its return made, the same way as a citation. If the sheriff has not served it within five days after receiving it, or has returned it unserved, any person over the age of majority who is not a party and lives in Louisiana may serve it, with no court order. A party called as a witness may be served through that party’s attorney of record.
La. C.C.P. art. 1355(A), (B)
Citation is required
Citation and service are essential in every civil action except summary and executory proceedings, divorce actions under Civil Code art. 102 and Children’s Code proceedings; without them all proceedings are absolutely null. The defendant may waive citation and service in writing, made part of the record.
La. C.C.P. art. 1201(A), (B)
90 days to request service
Service of the citation must be requested on every named defendant within 90 days of commencement, which is the filing of the petition. A defendant added by a supplemental or amended petition: within 90 days of that filing, and that defendant is served with both the original and the supplemental or amended petition. The clerk’s initial fees are due within the same 90 days; additional fees within the 90 days or 30 days from receipt of the clerk’s statement, whichever is longer. A request made and paid on time is timely even if the service itself proves insufficient or erroneous. The fee timing does not apply to a litigant allowed to proceed without paying costs.
La. C.C.P. arts. 421, 1201(C)–⁠(F)
If the 90 days are missed
Dismissal without prejudice as to that defendant, on the defendant’s declinatory exception (pleaded under art. 928) or another party’s contradictory motion. A defendant who raises neither waives the requirement, and it may also be waived in writing. Where good cause is shown, the court may instead order that service be made and the fees paid within a set time.
La. C.C.P. arts. 1201(C), 1672(C)
Suits against public bodies
Service must be requested within 90 days of commencement, or of the amended petition that first names the state, a state agency, a political subdivision or its officer or employee. If it is not, the action is dismissed without prejudice as to that defendant after a contradictory motion, and filing the suit does not interrupt prescription against it.
La. R.S. 13:5107(D)
Serving the state and local bodies
The state or a state agency: the attorney general, or any employee in that office above the age of sixteen, and also the agency head; the time to answer starts only after the agency head is served. A political subdivision: the agent designated with the Secretary of State, or if none, the district, parish or city attorney or another proper officer. A public board or commission: the chief executive officer at its office or, in that officer’s absence, any employee of suitable age and discretion; a public officer sued as such may be served the same way at the office.
La. R.S. 13:5107(A), (B); La. C.C.P. art. 1265
Personal service
A proper officer tenders the citation to the person to be served, anywhere the officer may lawfully go to reach that person. Personal and domiciliary service have the same effect.
La. C.C.P. arts. 1231–⁠1233
Domiciliary service
Left 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. The article sets the test by suitability, not a number of years, and the person must live there.
La. C.C.P. art. 1234
Representatives and agents
A person represented by another by appointment of court, operation of law or mandate is served through that representative, personally or at the representative’s dwelling. An attorney served as a client’s representative is properly served through the attorney’s secretary at the attorney’s office. An agent for service of process is the agent designated by a person or by law.
La. C.C.P. arts. 1235, 5251
Jails and doctors
A person held in a jail or detention facility is served through personal service on the warden or the warden’s designee for that shift, who then serves the inmate personally within ten days. On the petitioner’s or mover’s request, proof may be made by the affidavit of the person who served the inmate, filed in the record; if no such affidavit is timely received, and no return of non-service, service is deemed made ten days after service on the warden or designee. A physician who is not a party may be served at the office through any clerical employee.
La. C.C.P. arts. 1235.1, 1236
Minors
An unemancipated minor has no procedural capacity to be sued. The tutor, or a person with parental authority, is the proper defendant. If the minor has no tutor, the action may be brought against the minor, and the court appoints an attorney to represent the minor until a tutor is appointed.
La. C.C.P. art. 732
Mental incompetents
A mental incompetent has no procedural capacity to be sued; the curator appointed by a Louisiana court is the proper defendant. If there is no curator but the person is interdicted or confined in a mental institution, the action is brought against the person and the court appoints an attorney to represent the person.
La. C.C.P. art. 733
Corporations
Personal service on any one of its agents for service of process; the registered agent is that agent. If no agent was designated, the agent has died, resigned or been removed, or the server certifies the agent cannot be served after due diligence: personal service on any officer or director, or a person named as one in the last report filed with the Secretary of State, or on any employee of suitable age and discretion where the business is regularly conducted, or under R.S. 13:3204 if the corporation is subject to R.S. 13:3201.
La. C.C.P. art. 1261; La. R.S. 12:1-⁠504(A)
Corporation fallbacks
If the officer certifies that service under art. 1261 could not be made after diligent effort, service may be made personally on the Secretary of State, who forwards the citation to the corporation’s last known address. A corporation with no registered agent, or one that cannot with reasonable diligence be served, may also be served by registered or certified mail, return receipt requested, to its secretary at the principal office. That service is perfected on the earliest of the date the corporation receives the mail, the date on a return receipt signed on its behalf, or five days after a postpaid, correctly addressed mailing as shown by the postmark.
La. C.C.P. art. 1262; La. R.S. 12:1-⁠504(B)
Banks
Personal service on any one of the bank’s named registered agents, who by statute are its president or chief executive officer, its cashier or chief financial officer and its secretary. If the officer making service certifies that they cannot be served after diligent effort, service may be made on any officer of the bank at its main office. A bank that designates a corporate agent for service of process must be served on that agent.
La. C.C.P. art. 1261(C); La. R.S. 6:285(C)⁠(1), (2)
LLCs
Personal service on any one of its agents for service of process. If there is no agent, or the agent cannot be served after due diligence, service may be made by personal service on a manager (or on a member where management is not vested in managers), by personal service on any employee of suitable age and discretion where the business is regularly conducted, or under R.S. 13:3204 if the LLC is subject to R.S. 13:3201. After a certified diligent effort, service may be made personally on the Secretary of State, who forwards the citation to the LLC’s last known address.
La. C.C.P. arts. 1266, 1267
Partnerships and associations
A partnership: personal service on a partner (a general partner for a partnership in commendam), or on any employee of suitable age and discretion where its business is regularly conducted when a partner cannot be found. An unincorporated association: the agent it appointed, or in that agent’s absence a managing official, where its business is regularly conducted; if no official is there, any member of the association.
La. C.C.P. arts. 1263, 1264
Unregistered out-of-state companies
A foreign corporation or LLC that is not required to appoint an agent but has done business in Louisiana may be served, on a claim arising from that business, through any employee or agent of suitable age and discretion found in the state. If none can be found, the court orders service on the Secretary of State.
La. R.S. 13:3471(1)
Defendants outside Louisiana
Louisiana courts reach a nonresident on any basis consistent with the state and federal constitutions. In a suit under R.S. 13:3201, the plaintiff’s counsel (or a plaintiff without counsel) sends a certified copy of the citation and petition by registered or certified mail or commercial courier, or has it served by an individual the court designates or by a person authorized to serve process where the defendant is; that service has the same force as personal service in Louisiana. If it cannot be made, the court orders service on an attorney appointed to represent the defendant.
La. R.S. 13:3201, 13:3204
The out-of-state affidavit
The affidavit of the person who mailed or delivered the citation is filed in the record. For mail, it shows the envelope was properly addressed with sufficient postage and the date of mailing, with the defendant’s return receipt attached. For a commercial courier, it shows the courier’s name and the date and address of delivery, with the courier’s confirmation of delivery attached. For a delivery in person, it shows the date, place and manner of delivery. No default judgment, and no hearing on a contradictory motion, rule to show cause or other summary proceeding, until 30 days after that affidavit is filed in the record (except protective-order actions under R.S. 46:2131 et seq.).
La. R.S. 13:3205
Defendants in another country
The United States is party to the Hague Service Convention and the Inter-American Convention on Letters Rogatory. Where a country permits personal service, a local attorney or process server there may be the quickest route; letters rogatory are a court-to-court request for help.
U.S. Department of State, Service of Process
Proof of service
The sheriff endorses on a copy the date, place and method of service; the return becomes part of the record and is prima facie correct. Service by an appointed private server is proved like any other fact in the case. Proof of a subpoena served by a private server is a return signed by the server before a notary and filed with the clerk of the issuing court, showing the title of the action, the issuing court, the date and manner of service and the name of the person served.
La. C.C.P. arts. 1292(A), 1293(A), 1355(B)
Errors in the return
The serving officer’s return is conclusive unless directly attacked. If the defendant was actually served, the court may correct an error in the return by amendment, and it may allow process or proof of service to be amended unless that would materially prejudice the party served.
La. C.C.P. art. 1292(A); La. R.S. 13:3471(5)
Protective orders
When the process is a temporary restraining order, protective order or injunction listed in R.S. 46:2136.2(B), the person making service (or a designee) sends proof of service to the Louisiana Protective Order Registry no later than the end of the next business day, weekends and holidays excluded.
La. C.C.P. art. 1293(D)
Acceptance and the answer
An acceptance of service must be dated; if it is not, it takes effect when filed. A defendant files an answer within 21 days after service of citation, unless the law provides otherwise, or within 30 days when the plaintiff serves a discovery request with the petition.
La. R.S. 13:3471(4); La. C.C.P. art. 1001(A)
Defendant who cannot be found
Louisiana uses a court-named attorney for an absentee: a nonresident, a resident who has left the state, or a person whose whereabouts are unknown or who cannot be found after diligent effort, with no agent for service. The attorney’s diligence includes a letter by certified mail or commercial courier to the last known address. The plaintiff pays the attorney’s reasonable fee, taxed as costs. The court appoints the attorney only where it has jurisdiction over the person or property of the defendant, or over the status involved. For a defendant domiciled in Louisiana, service on that attorney supports personal jurisdiction; for a nonresident sued under R.S. 13:3201, the court orders it when mail or delivery under R.S. 13:3204 cannot be made.
La. C.C.P. arts. 5091(A), 5094, 5096, 5251, 6(A)⁠(2); La. R.S. 13:3204(B)
Later pleadings
Except as otherwise provided by law, every pleading after the original petition may be served by the sheriff, or by mail (complete on mailing) or delivery to counsel of record or, if there is none, the adverse party at the last known address; by delivery to the clerk of court when there is no counsel and the party’s address is unknown; or by electronic means to an address designated for electronic service. A pleading or order that sets a court date goes by registered or certified mail, by sheriff under art. 1314, by commercial courier or by email to the designated address.
La. C.C.P. art. 1313(A)–⁠(C)
Sundays and holidays
Personal or domiciliary service may be made at any time of day or night, including Sundays and holidays. Citations may also be issued and served on Wednesday and Saturday holidays and half-holidays.
La. C.C.P. art. 1231; La. R.S. 1:55(C)
Witness deposit
For a trial or hearing, no subpoena issues until the party who wants the testimony deposits with the clerk enough to pay the fees and expenses the law allows the witness, which R.S. 13:3661 sets as the estimated attendance fee and travel expenses. The clerk pays the witness once the witness appears. A witness who lives or works in Louisiana may be subpoenaed to a trial or hearing anywhere in the state.
La. C.C.P. arts. 1352, 1353; La. R.S. 13:3661(C), (D)
Deposition and reissued subpoenas
A non-party’s deposition subpoena is served a reasonable time before the deposition. A subpoena that was personally served and is ordered reissued after a continuance or passage of the trial or hearing may instead be mailed, registered or certified with return receipt requested, together with a notice of the new date and time, to the witness’s dwelling (or to the representative served with the original), at least 35 days before the new date. If the mail is unclaimed, the subpoena is served as otherwise provided by law.
La. C.C.P. arts. 1355.1, 1356(B)
Subpoenas for documents
A subpoena duces tecum reproduces art. 1354 in full. The person served may send written objections to the party or attorney designated in the subpoena within 15 days after service, or before the compliance date if that is sooner.
La. C.C.P. art. 1354(B), (H)
Out-of-state subpoenas
Under the Louisiana Uniform Interstate Depositions and Discovery Act, a party presents the original or a certified copy of the foreign subpoena to the clerk of court of the parish where discovery is to be conducted, and the clerk promptly issues a Louisiana subpoena. Asking for one is not an appearance in Louisiana courts. The issued subpoena carries the out-of-state caption and case number and the foreign subpoena’s terms, and lists all counsel of record. It is served under Louisiana law, including art. 1355, and motions about it go to the district court that issued it. For a case in another country, R.S. 13:3824 provides the route.
La. R.S. 13:3825, 13:3824

Rules verified October 2026 against the Code of Civil Procedure articles, Civil Code article and Revised Statutes cited on this page, which the Louisiana State Legislature publishes free at legis.la.gov, and the U.S. Department of State’s service-of-process guidance. General information, not legal advice. The Code controls.

Ways to Serve in Louisiana

Personal and domiciliary service carry the same effect under art. 1231, and Served 123 arranges either one, plus the other routes below, on one order: an appointed private server, subpoenas, corporations and their officers, mail to a corporation without an agent, the Secretary of State, and defendants outside Louisiana. The parish sheriff, a court-named attorney for an absentee, and a written waiver remain outside it.

A private server serves a citation on a court appointment under art. 1293. We tell you at intake when your case needs one and give you the steps to have our server appointed.
Private process serverServed 123
C.C.P. art. 1293
It is a subpoena not served within five days of receipt, or returned with a certificate that it could not be served
Any person over the age of majority, not a party and residing in Louisiana, no order neededServed 123
C.C.P. art. 1355(B)
The defendant is a corporation
Personal service on any officer or director, or a person named as one in the last report filed with the Secretary of StateServed 123
C.C.P. art. 1261
A corporation has no registered agent, or the agent cannot with reasonable diligence be served
Registered or certified mail to the corporation’s secretary at its principal officeServed 123
R.S. 12:1-⁠504
The server certifies that a corporation could not be served under art. 1261 after diligent effort; the Secretary of State forwards the citation to its last known address
Secretary of StateServed 123
C.C.P. art. 1262
The defendant is outside Louisiana and within the reach of R.S. 13:3201
Certified mail, courier or a local server thereServed 123
R.S. 13:3204

Every route above, one order.

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Other routes: the sheriff, a court-named attorney and waiver (3)
The citation is with the sheriff of the parish where service is made or where the action is pending
Sheriff or deputy
C.C.P. art. 1291
The defendant cannot be found after a diligent effort, or has left the state, with no agent for service, and the court has jurisdiction over the person or property
Court-named attorney
C.C.P. art. 5091(A)
The defendant agrees to waive citation and service in writing
Written waiver in the record
C.C.P. art. 1201(B)

What Our Louisiana Affidavit of Service Shows

The sheriff endorses the date, place and method of service on a copy of the citation (art. 1292). Service by an appointed private server is proved like any other fact in the case (art. 1293(A)). Proof of a subpoena served by a private server is a return signed by the server before a notary and filed with the clerk of the issuing court, showing the title of the action, the issuing court, the date and manner of service and the person served (art. 1355(B)).

The server’s affidavit we send you covers the art. 1355(B) items and also states the place of service, the item the sheriff endorses under art. 1292. For a subpoena it is signed before a notary, as art. 1355(B) requires.

  1. 1The title of the action and the court that issued the process.
  2. 2The date service was made.
  3. 3The place and manner of service (personal, domiciliary or through an agent).
  4. 4The name of the person served.
  5. 5The server’s signature, before a notary for a subpoena return.

How Louisiana Service Works With Us

For law firms, in-house legal teams, agencies and self-represented parties with a Louisiana defendant or witness.

  1. 1

    Upload the Citation

    Send the citation and petition, or the subpoena, online at any hour, with the Louisiana address where the person or company can be found.

  2. 2

    Approve the Quote

    You get a written quote with the cost and turnaround for that parish, and the art. 1293 appointment steps when your citation needs them.

  3. 3

    Up to Three Attempts

    A local process server works the Louisiana address, logging each attempt with its date, time and observations.

  4. 4

    The Affidavit

    You receive the server’s affidavit of service (signed before a notary for a subpoena, art. 1355(B)), stating the date, place and manner of service and the person served.

Turnaround in Louisiana

Routine
First attempt in 5-7 business days. Our standard turnaround.
Preferred
First attempt in 2-3 business days. Priority over standard orders.
Next-Day
First attempt within 2 business days. For deadlines already close.
Same-Day
First attempt the same business day. Plus a same-day rush charge.

A Louisiana citation goes to our server once the court signs the order appointing that server; the motion under C.C.P. art. 1293(A) is available after the sheriff has held the process ten days without serving it, or sooner on a return of non-service. A subpoena can go to our server after the sheriff’s five days, with no order (art. 1355(B)).

Every Louisiana Order Includes

  • Up to three attempts at each Louisiana address (each address is a separate service)
  • Each attempt logged with its date, time and observations
  • The server’s affidavit of service with the items art. 1355(B) lists, signed before a notary for a subpoena return
  • Skip tracing available for $55 if the address turns out to be bad

What You Get Back

  • Photos from each attempt
  • The date, time and place of every visit
  • A full report of the attempts if service is not made
Get a Free Quote Online →Online intake is open around the clock.

All 64 Louisiana Parishes

Louisiana is divided into parishes rather than counties. Find yours on the map or in the list to start a quote.

Select a parishHover, tap or search to find a parish.
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Louisiana Service of Process: Questions

Each answer cites the Code of Civil Procedure article or Revised Statute it comes from. General information, not legal advice.

Do I have 90 days to serve a Louisiana defendant?

Not quite. La. C.C.P. art. 1201(C) requires that service of the citation be “requested on all named defendants within ninety days of commencement of the action,” and an action is commenced by filing the petition (art. 421). A defendant added by a supplemental or amended petition gets 90 days from that filing and is served with both the original and the supplemental or amended petition (art. 1201(C)). The clerk sends a statement of the initial fees, which are due within the same 90 days; additional fees are due within the 90 days or within 30 days of receiving the clerk’s statement, whichever is longer (art. 1201(E)). A request made and paid on time is timely “notwithstanding insufficient or erroneous service” (art. 1201(D)). When the deadline is missed, art. 1672(C) calls for dismissal without prejudice as to that defendant, on the defendant’s declinatory exception or another party’s contradictory motion, unless good cause is shown. Suits naming the state, a state agency, a political subdivision, or an officer or employee of one have their own 90-day rule in R.S. 13:5107(D).

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Can a private process server serve a citation in Louisiana?

Yes, once the court appoints one for the case. The sheriff of the parish serves first (art. 1291). When the sheriff has not served within ten days after receiving the process, or has returned it certifying that service could not be made, whichever is earlier, the court on a party’s motion appoints a person over the age of majority, not a party, residing in Louisiana and whom the court deems qualified, to serve “in the same manner as is required of sheriffs” (art. 1293(A)). In a summary proceeding under art. 2592, the court may appoint a private server without waiting for the sheriff, on a motion stating the reasons verified by affidavit (art. 1293(B)). We tell you at intake when your case needs an appointment and give you the steps to have our server appointed.

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Who can serve a subpoena in Louisiana, and how is the witness paid?

A subpoena is served like a citation (art. 1355(A)). If the sheriff has not served it within five days after receiving it, or has returned it unserved, any person over the age of majority who is not a party and lives in Louisiana may serve it, with no court order (art. 1355(B)). Proof is a return signed by that server before a notary and filed with the clerk of the issuing court, showing the title of the action, the issuing court, the date and manner of service and the name of the person served. A party called as a witness may be served through that party’s attorney of record. For a trial or hearing, the party who wants the testimony first deposits the witness’s estimated attendance fee and travel expenses with the clerk of court, and the clerk pays the witness once the witness appears (R.S. 13:3661(C), (D); art. 1353).

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Can the papers be left with someone at the defendant’s home in Louisiana?

Yes. Domiciliary service under art. 1234 leaves the citation “at the dwelling house or usual place of abode” of the defendant with “a person of suitable age and discretion residing in the domiciliary establishment.” The article sets no number of years; the person must be suitable and must live there. Personal and domiciliary service have the same effect (art. 1231), and personal service may be made anywhere the server may lawfully go to reach the defendant (art. 1233).

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What if a Louisiana company’s agent for service has resigned or cannot be served?

A corporation is served on any one of its agents for service of process (art. 1261(A)), and its registered agent is that agent (R.S. 12:1-504(A)). If no agent was designated, the agent has died, resigned or been removed, or the server certifies the agent cannot be served after due diligence, service may be made on any officer or director, or a person named as one in the last report filed with the Secretary of State, or on any employee of suitable age and discretion where the business is regularly conducted, or under R.S. 13:3204 if the corporation is subject to R.S. 13:3201 (art. 1261(B)). If the officer certifies that this also failed after diligent effort, service may be made personally on the Secretary of State, who forwards the citation to the corporation’s last known address (art. 1262). An LLC follows the same pattern, with a manager (or a member where management is not vested in managers) in place of an officer, and the Secretary of State forwards the citation to the LLC’s last known address (arts. 1266, 1267).

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How is a defendant outside Louisiana served in a Louisiana case?

In a suit under R.S. 13:3201, the plaintiff’s counsel, or a plaintiff without counsel, sends a certified copy of the citation and petition by registered or certified mail or commercial courier, or has it served by an individual the court designates or by “one authorized by the law of the place where the service is made” to serve process there (R.S. 13:3204(A)); that service has the same force as personal service in Louisiana. An affidavit of the person who mailed or delivered it is then filed in the record: for mail, showing proper address, postage and the mailing date, with the defendant’s return receipt attached; for a courier, the courier’s name and the date and address of delivery, with its confirmation attached; for delivery in person, the date, place and manner of delivery. Except in protective-order actions under R.S. 46:2131 et seq., no default judgment may be rendered until 30 days after the affidavit is filed (R.S. 13:3205). If service cannot be made by mail or delivery, the court orders service on an attorney appointed to represent the defendant (R.S. 13:3204(B)).

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What happens in Louisiana when the defendant cannot be found?

The Code of Civil Procedure reaches an absentee through an attorney the court appoints to represent the defendant. An absentee includes a nonresident, a resident who has left the state, and a person whose whereabouts are unknown or who cannot be found and served after a diligent effort, with no agent for service of process (arts. 5251, 5091). The court appoints the attorney only where it has jurisdiction over the person or property of the defendant, or over the status involved (art. 5091(A)(1)). For a defendant domiciled in Louisiana, service on that attorney supports personal jurisdiction (art. 6(A)(2)); for a nonresident sued under R.S. 13:3201, the court orders it only when mail or delivery under R.S. 13:3204 cannot be made (R.S. 13:3204(B)). The attorney writes to the absentee’s last known address by certified mail or commercial courier (art. 5094), and the plaintiff pays the attorney’s reasonable fee, taxed as costs (art. 5096). Skip tracing the defendant’s current address first can avoid that route.

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Does Louisiana allow service at night, on Sundays or on holidays?

Yes. Article 1231 provides that service, “whether personal or domiciliary, may be made at any time of day or night, including Sundays and holidays.” R.S. 1:55(C) also makes it lawful to issue and serve citations on Wednesday and Saturday holidays and half-holidays.

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Does a foreign subpoena need a parish clerk’s Louisiana subpoena before service?

Under R.S. 13:3825, the Louisiana Uniform Interstate Depositions and Discovery Act, a party presents the original or a certified copy of the foreign subpoena to the clerk of court of the parish where discovery is to be conducted, and the clerk promptly issues a Louisiana subpoena. Requesting it is not an appearance in Louisiana courts. The issued subpoena must be served under Louisiana law, including art. 1355, so the sheriff goes first: a private server may serve it after the sheriff’s five days or a return of non-service. A subpoena duces tecum reproduces art. 1354 in full, and the person served may send written objections to the party or attorney designated in the subpoena within 15 days after service, or before the compliance date if that comes sooner (art. 1354(B)).

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Have a Louisiana Defendant to Serve?

Upload the citation and petition with the address. A written quote comes before any work begins.