Book II. Ordinary Proceedings · Title II. Citation and Service of Process · Chapter 1. Citation · Last amended 2025 · Last verified July 30, 2026
This article has two versions. The text below is in effect now. A new version takes effect August 1, 2026; it appears further down this page.
In one sentenceArticle 1201 makes citation and service the foundation of a civil action — proceedings held without them are absolutely null unless waived — and requires that citation be requested on every defendant within ninety days of filing suit or of any amendment adding a defendant.
Full Text of Art. 1201 (Current Version)
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A. Citation and service thereof are essential in all civil actions except summary and executory proceedings, divorce actions under Civil Code Article 102, and proceedings under the Children's Code. Without them all proceedings are absolutely null.
B. The defendant may expressly waive citation and service thereof by any written waiver made part of the record.
C. Service of the citation shall be requested on all named defendants within ninety days of commencement of the action. When a supplemental or amended petition is filed naming any additional defendant, service of citation shall be requested within ninety days of its filing, and the additional defendant shall be served with the original petition and the supplemental or amended petition. The defendant may expressly waive the requirements of this Paragraph by any written waiver. The requirement provided by this Paragraph shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of citation or a contradictory motion in accordance with Article 1672(C).
D. If not waived, a request for service of citation upon the defendant shall be considered timely if requested on the defendant within the time period provided by this Article, notwithstanding insufficient or erroneous service.
A. Citation and service thereof are essential in all civil actions except summary and executory proceedings, divorce actions under Civil Code Article 102, and proceedings under the Children's Code. Without them all proceedings are absolutely null.
B. The defendant may expressly waive citation and service thereof by any written waiver made part of the record.
C. Service of the citation shall be requested on all named defendants within ninety days of commencement of the action. When a supplemental or amended petition is filed naming any additional defendant, service of citation shall be requested within ninety days of its filing, and the additional defendant shall be served with the original petition and the supplemental or amended petition. The defendant may expressly waive the requirements of this Paragraph by any written waiver. The requirement provided by this Paragraph shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of citation or a contradictory motion in accordance with Article 1672(C).
D. If not waived, a request for service of citation upon the defendant shall be considered timely if requested on the defendant within the time period provided by this Article and all fees specified by the clerk of court for service of citation are paid within the times provided by Paragraph E of this Article, notwithstanding insufficient or erroneous service.
E.
(1)Upon receipt of a request for service of citation pursuant to this Article, the clerk of court shall provide to the filing party a confirmation of receipt of the request and a statement of the initial fees for the requested service, which shall be paid within the ninety-day period for requesting service in accordance with Paragraph C of this Article.
(2)If additional fees are owed, the clerk of court shall provide to the filing party a statement of additional fees for the requested service, which shall be paid within the ninety-day period for requesting service in accordance with Paragraph C of this Article or within thirty days from the date of receipt of the statement of additional fees from the clerk of court, whichever period is longer. F. The provisions of this Article regarding the payment of fees for service of citation shall not apply to litigants permitted to litigate without the payment of costs.
Amendment History (Effective August 1, 2026 Version)
Louisiana uses the word "citation" as a term of art, and it pays to keep it distinct from "service." Citation is the document itself — the formal notice a court clerk issues, commanding the defendant to answer or appear. Service is the act of delivering that document to the defendant. A reader coming from a common-law state may be used to hearing "service of process" cover both ideas at once; Louisiana names them separately because Article 1202 governs what the citation document must say, while Articles 1231 and following govern how it gets delivered.
Article 1201 sets the stakes for both. Paragraph A makes citation and service essential to nearly every civil action — ordinary proceedings, most of all — and says that without them, everything that follows in the case is absolutely null. A defendant can waive citation and service in writing, and Paragraph C requires the plaintiff to request service on every named defendant within ninety days of filing suit, with the same ninety-day clock restarting for any defendant added later by amendment. Miss that window, and the defendant can raise it through a declinatory exception, though the objection is itself waived if the defendant doesn't raise it that way.
Louisiana amends this article effective August 1, 2026, adding new paragraphs that tie timely service to payment of the clerk's service fees within set deadlines, with an exception for litigants who don't have to pay court costs. The version described above reflects the law in force through July 31, 2026.
Frequently Asked Questions
What's the difference between "citation" and "service" in Louisiana?
Citation is the document — the formal notice commanding the defendant to appear or answer. Service is the act of delivering that document to the defendant. Louisiana treats them as related but distinct concepts.
What happens if a lawsuit proceeds without citation and service?
Article 1201 says the proceedings are absolutely null, unless the defendant expressly waives citation and service in writing.
How long does a plaintiff have to request service on a defendant?
Ninety days from filing the action. If a defendant is added later by amended or supplemental petition, the plaintiff gets a new ninety-day window from the date of that filing.
Is Article 1201 changing soon?
Yes. An amendment effective August 1, 2026 adds provisions tying timely service to payment of the clerk of court's service fees within specified deadlines, with an exception for litigants excused from paying costs.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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