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Louisiana Proof of Service

Louisiana serves citation through the parish sheriff by default, not any adult non-party, and a private server may act only after a court appoints one once the sheriff has failed to serve.

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Introduction

By default, Louisiana citation is served only by the parish sheriff or deputy, not by any adult non-party. A private person may serve only if a court appoints them; once the sheriff has not served within 10 days of receiving the process or has returned it unable to serve, the court shall appoint one on a party's motion (La. Code Civ. Proc. art. 1293(A)). The appointee must be over the age of majority, 18 under La. Civ. Code art. 29, not a party, and residing in Louisiana. There is no statewide numbered proof-of-service form. The sheriff's proof is a return endorsed on the citation, stating the date, place, and method of service; it needs no oath and is prima facie correct once filed (La. Code Civ. Proc. art. 1292(A)). Mail cannot serve an in-state defendant; it is available only for a defendant outside Louisiana, by registered or certified mail or commercial courier under the long-arm statute, with proof by filed affidavit (La. R.S. 13:3204(A), 13:3205). There is no fixed day count to complete service; service must be requested within 90 days of filing the petition, or the claim can be dismissed without prejudice absent good cause (La. Code Civ. Proc. arts. 1201(C), 1672(C)). Later pleadings may generally be served by mail, delivery, or electronic transmission, or, if there is no counsel of record and the adverse party's address is unknown, delivery to the clerk, with a certificate of service filed in the record. Federal, foreign-country, and government-entity service follow separate procedures not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    Citation is served by default only by the parish sheriff or deputy; a private person may serve only by court appointment, which the court shall make on a party's motion once the sheriff has not served within 10 days or has returned it unserved, and Louisiana has no statewide numbered proof-of-service form (La. Code Civ. Proc. arts. 1291, 1293(A), 1292).

  2. 2

    Ordinary mail does not serve an in-state defendant with citation. Registered or certified mail, or commercial courier, is a valid method only for a defendant located outside Louisiana, under the long-arm statute, and proof requires a filed affidavit (La. R.S. 13:3204(A), 13:3205).

  3. 3

    Louisiana does not set a fixed day count to complete service or to file the proof. Instead, service must be requested, meaning the citation is issued and handed to the sheriff, within 90 days of filing the petition, or the claim can be dismissed without prejudice absent good cause (La. Code Civ. Proc. arts. 1201(C), 1672(C)).

  4. 4

    A party cannot serve their own citation. Any private server must be appointed by the court, at least 18 years old under the Louisiana age of majority, not a party to the case, and residing in Louisiana (La. Code Civ. Proc. art. 1293(A); La. Civ. Code art. 29).

  5. 5

    The sheriff's return needs no oath or notarization; it is a signed endorsement on the citation itself and is prima facie correct once filed. Proof of mailed service on an out-of-state defendant instead requires a sworn affidavit under La. R.S. 13:3205.

  6. 6

    Personal service is tendering the citation to the person anywhere the officer may lawfully reach them. Domiciliary service, which has the same effect, is leaving the citation at the person's dwelling with a person of suitable age and discretion who lives there; no follow-up mailing is required (La. Code Civ. Proc. arts. 1231-1234).

  7. 7

    Pleadings filed after the original petition are generally served by mail, delivery, or electronic transmission (delivery to the clerk only if there is no counsel of record and the adverse party's address is unknown), with a certificate of service filed in the record; a pleading that sets a court date must instead use registered or certified mail, the sheriff, commercial courier, or confirmed email delivery (La. Code Civ. Proc. art. 1313).

Key decisions before you file

Before you file a Proof of Service in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

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Louisiana Requirements for Proof of Service

  • Sheriff Serves Citation by Default

    Service of citation is, by default, the function of the parish sheriff or deputy; there is no general rule letting any adult non-party serve initial process (La. Code Civ. Proc. art. 1291).

  • Private Server Requires Court Appointment After Sheriff Fails

    A private person may serve process only if a court appoints them, which the court shall do on a party's motion once the sheriff has not served within 10 days of receiving the process or has returned it unable to serve; the appointee must be over the age of majority, not a party, and residing in Louisiana (La. Code Civ. Proc. art. 1293(A)).

  • No Statewide Numbered Proof-of-Service Form

    Louisiana has no numbered proof-of-service form; the sheriff's proof is a return endorsed directly on the citation, stating the date, place, and method of service (La. Code Civ. Proc. art. 1292(A)).

  • Domiciliary Service Needs No Mailing Follow-Up

    Domiciliary service, made by leaving the citation at the person's dwelling with a person of suitable age and discretion residing there, has the same effect as personal service and requires no separate mailing follow-up (La. Code Civ. Proc. arts. 1231, 1234).

  • Mail Valid Only for Out-of-State Defendants

    Ordinary mail does not serve an in-state defendant with citation. Registered or certified mail, or commercial courier, serves a defendant located outside Louisiana under the long-arm statute, with proof by filed affidavit (La. R.S. 13:3204(A), 13:3205).

  • 90-Day Deadline to Request Service, Not Complete It

    Louisiana measures a deadline to request service, meaning the citation is issued and handed to the sheriff, within 90 days of filing the petition, rather than a deadline to complete personal delivery; missing it can lead to dismissal without prejudice absent good cause (La. Code Civ. Proc. arts. 1201(C), 1672(C)).

  • Sheriff's Return Needs No Oath

    The sheriff's return under La. Code Civ. Proc. art. 1292(A) needs no oath or notarization and is prima facie correct once filed, unlike the sworn affidavit required for proof of mailed service on an out-of-state defendant under La. R.S. 13:3205.

  • Certificate of Service for Later Pleadings

    When a pleading filed after the original petition is served by mail, delivery, or electronic means, the party or counsel making service must file a certificate in the record stating the manner of service (La. Code Civ. Proc. art. 1313(B)).

Frequently Asked Questions