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Art. 1237.Service On Individual In Multiple Capacities

Book II. Ordinary Proceedings · Title II. Citation and Service of Process · Chapter 2. Service On Persons · Last amended 1995 · Last verified July 30, 2026

In one sentenceArticle 1237 provides that when a person is named in a lawsuit in more than one capacity, a single personal service on that individual satisfies service in all of those capacities as long as the capacities being served are clear from the pleadings or service instructions.

Full Text of Art. 1237

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In cases wherein an individual is named in pleadings in more than one capacity, personal service on that individual is sufficient to constitute service of process on that individual in all capacities, including but not limited to as an individual, tutor, or a representative of a legal or quasi legal entity, when it is clear from the pleadings or service instructions the capacities in which the individual is being served.

Amendment History

Acts 1995, No. 851, §1; Acts 1995, No. 1257, §1.

Plain-English Summary

A single person can show up in a lawsuit wearing more than one legal hat — sued as an individual and, separately, as a tutor, or as a corporate officer and as a representative of another entity. Without Article 1237, a plaintiff might need to arrange separate service for each capacity, even though the same person answers the door each time.

Article 1237 avoids that duplication. One act of personal service on the individual covers every capacity in which they've been named, as long as it's clear — from the pleadings themselves or from the instructions given for service — which capacities are being served. That clarity requirement protects the person served from confusion about what, precisely, they've been served for.

The rule applies to personal service on the individual; it doesn't change how any other party or capacity in the case has to be served. If a lawsuit names the individual alongside an entity that individual represents, the entity may still need its own separate service under the rules in Chapter 3, even though the individual's own multiple capacities are covered by one delivery.

Frequently Asked Questions

If someone is sued as both an individual and a tutor, do they need to be served twice?

No. Article 1237 allows one personal service on that individual to cover both capacities, as long as it's clear which capacities are being served.

What makes it "clear" which capacities are being served?

Either the pleadings themselves or the instructions given for making service can establish which capacities the individual is being served in.

Does this article cover service on an entity the individual represents?

No. It covers the individual's own multiple capacities. An entity named alongside the individual, such as a corporation, may still require its own separate service under the rules for legal and quasi legal persons.

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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