Louisiana Service of Process Rules

Louisiana

State Serve Rules
State Serve Rules

Affidavit

Notary
Not Required
Refusal service
No, leaving papers is considered personal service

Mailing

Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required

Minors, Incapacitated, and Jail

Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Yes, state requires service on the warden or person in charge
Jail Personal Service
Not required, (requires proof of service that warden served the individual)
Service to a minor
parent/guardian

Proof Specialists

Mirrors Fed Rules
No
M&O
Required (after sheriff service )

Substitute Service Rules - Business / Entity

Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Not Permissible

Substitute Service Rules - Individuals

Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suiteable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents

When and where can you serve?

Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible

Eviction Summons Rules
Eviction Summons Rules

Mailing

Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
3

Posting Rules

Due Diligence Prior to Posting
Required
Posting
Permissible

Eviction Posting Rules
Eviction Posting Rules

Affidavit

Notary for Notice
Not required

Mailing

Certified Mail
Yes
Mail always?
Yes
Mail SLA
3

Proof Specialists

Server/Marshal Required?
Server
**By Whom Served.** When the sheriff has not made service within 5 days after receipt of 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 in this manner must be proved like any other fact in the case.
**Personal Service, Individuals.** 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.
**Corporations.** 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…
**Return of Service.** Service of process made by an individual this shall be proved like any other fact in the case. Any person who is a Louisiana licensed private investigator shall be presumed qualified to perform the duties required to make service.

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