2016 Louisiana Laws
Code of Civil Procedure
CCP 4919 - Citation; service of citation; justice of the peace courts; district courts with concurrent jurisdiction

Art. 4919. Citation; service of citation; justice of the peace courts; district courts with concurrent jurisdiction

            A. The citation must be signed by the justice of the peace or the clerk of court issuing it, with an expression of his official capacity and under the seal of his office, must be accompanied by a certified copy of any petition, which has been filed, exclusive of exhibits, even if made a part thereof, and must contain the following:

            (1) The date of issuance.

            (2) The title of the cause.

            (3) The name of the person to whom it is addressed.

            (4) The title and location of the court issuing it.

            (5)(a) A statement that the person cited must either comply with the demand contained in the pleading filed by the plaintiff against him or make an appearance, either by filing a pleading or otherwise, in the court issuing the citation within the delay provided under Article 4920 under penalty of default.

            (b) If the matter is set for hearing pursuant to Article 4921.1(C), the citation must contain a statement that the person cited must either comply with the demand of the plaintiff against him or appear in the court issuing the citation at the time and date provided and that if he fails to appear, judgment may be entered against him.

            B. When a written petition has been filed, a copy thereof shall be attached to the citation.

            C. When the plaintiff has not filed a written petition, the citation shall:

            (1) State the amount and nature of the claim and the year or years in which the indebtedness was contracted or arose and shall describe sufficiently to place the defendant on notice any promissory note or other written evidence of indebtedness on which the demand is based; and

            (2) Describe the movable property and state the value thereof, if the suit is for the ownership or possession of movable property.

            D.(1) Service of citation or other process may be made by the court by certified mail, with return receipt requested, when costs therefore are posted with the court.

            (2) If the properly addressed certified mail return receipt reply form is signed by the addressee who is the defendant, service shall be considered personal service.

            (3) If the properly addressed certified mail return receipt reply form is signed by a person other than the defendant, service shall be considered domiciliary service.

            Acts 1986, No. 156, §1; Acts 2012, No. 666, §1; Acts 2015, No. 424, §1.