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Art. 1292.Sheriff's Return

Book II. Ordinary Proceedings · Title II. Citation and Service of Process · Chapter 4. Persons Authorized to Make Service · Last amended 2018 · Last verified July 30, 2026

In one sentenceArticle 1292 requires the sheriff to document the date, place, and method of service on the return of citation or process, treats that return as presumptively correct once filed, and adds a same-or-next-business-day reporting duty to Louisiana's Protective Order Registry for restraining orders and injunctions.

Full Text of Art. 1292

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A. The sheriff shall endorse on a copy of the citation or other process the date, place, and method of service and sufficient other data to show service in compliance with law. He shall sign and return the copy promptly after the service to the clerk of court who issued it. The return, when received by the clerk, shall form part of the record, and shall be considered prima facie correct. The court, at any time and upon such terms as are just, may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
B. In addition to the provisions of Paragraph A of this Article, when the citation or other process is a temporary restraining order, protective order, preliminary injunction, permanent injunction, or court- approved consent agreement as referenced in R.S.46:2136.2(B), the person making the service, or his designee, shall transmit proof of service to the judicial administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S.46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after making service, exclusive of weekends and holidays. This proof shall include, at a minimum, the case caption, docket number, type of order, serving agency and officer, and the date and time service was made.

Amendment History

Amended by Acts 2018, No. 679, §1, eff. 8/1/2018.

Plain-English Summary

After a sheriff serves a citation or other process, the job isn't finished until the paperwork catches up. Paragraph A of Article 1292 requires the sheriff to write on a copy of the papers served the date, place, and method of service, along with enough other detail to show the service met the law's requirements, then sign it and send it back to the clerk of court promptly. Once the clerk receives that return, it becomes part of the court record and is treated as prima facie correct — accepted as true unless someone offers evidence to the contrary. The court can allow a return, or the underlying process, to be amended at any time on fair terms, unless doing so would materially hurt the substantial rights of the person the process was served on.

Paragraph B layers on a modern reporting duty. When the paper served is a temporary restraining order, a protective order, a preliminary or permanent injunction, or a court-approved consent agreement of the kind referenced in a separate statute on domestic protective orders, the person who made the service has to send proof of that service to the judicial administrator's office at the Louisiana Supreme Court, for entry into the statewide Protective Order Registry. That proof needs to go out fast — by fax or direct electronic input, no later than the end of the next business day, not counting weekends and holidays — and it has to include the case caption, docket number, type of order, the serving agency and officer, and the date and time service happened.

Together, the two paragraphs serve different purposes: Paragraph A makes sure every service of process leaves a reliable paper trail in the court's own file, while Paragraph B makes sure protective orders specifically show up quickly in a statewide database that law enforcement can check.

Frequently Asked Questions

What is a sheriff's return under Louisiana law?

It is the sheriff's written record, endorsed on a copy of the citation or process, of the date, place, and method of service. Once filed with the clerk, it becomes part of the court record and is presumed correct.

Can a defective return of service be fixed?

Yes. Article 1292 lets the court allow the process or the proof of its service to be amended at any time, on terms that are fair, unless the amendment would clearly and materially prejudice the substantial rights of the party served.

What extra step applies when the papers served are a protective order or injunction?

The person making service must transmit proof of that service to the judicial administrator's office at the Louisiana Supreme Court, for the Protective Order Registry, by fax or electronic means no later than the end of the next business day.

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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