Art. 1313.Service By Mail, Delivery, Or Electronic Means
Book II. Ordinary Proceedings · Title II. Citation and Service of Process · Chapter 5. Service of Pleadings · Last amended 2025 · Last verified July 30, 2026
Full Text of Art. 1313
Amendment History
Amended by Acts 2025, No. 250, §3, eff. 8/1/2025. Amended by Acts 2021, No. 68, §1, eff. 1/1/2022. Amended by Acts 1997, No. 249, §1; Acts 1999, No. 1263, §1, eff. 1/1/2000; Acts 2010, No. 185, §1; Acts 2012, No. 741, §1.
Plain-English Summary
Article 1313 gives parties a menu of practical alternatives to sheriff service for pleadings filed after the petition. Under Paragraph A, a party can mail a copy to counsel of record, or to the adverse party directly if there's no counsel of record, with service complete the moment the letter goes in the mail. A party can instead deliver a copy by hand to counsel or the adverse party, or, if there's no counsel of record and the adverse party's address isn't known, deliver it to the clerk of court. And a party can transmit a copy electronically to whatever number or address counsel or the adverse party has designated for that purpose, with service complete on transmission unless the sender learns it never arrived, in which case the party has to fall back on one of the other methods.
Whichever of these methods a party uses, Paragraph B requires filing a certificate in the record describing how service was made, so the court file itself shows what happened.
Paragraph C raises the bar when more is at stake: if the pleading or an accompanying order sets a court date, ordinary mail or plain electronic transmission isn't enough. Service instead has to go by registered or certified mail, by physical delivery through a commercial courier as Article 1314 allows, or by email to a designated address, and the electronic route is only complete once the sender gets confirmation the message arrived. Paragraph D defines that commercial courier option precisely: a business whose primary purpose is delivering letters and parcels, which gets a signed receipt on delivery and has no stake in how the case turns out.
Frequently Asked Questions
What are the ways to serve a pleading under Article 1313?
Mailing a copy to counsel of record or the adverse party, hand-delivering a copy, delivering a copy to the clerk of court when there's no known address, or transmitting a copy electronically to a designated number or address.
When is service by mail complete under this article?
The moment the copy is mailed, not when it arrives. Electronic service is likewise complete on transmission, unless the sender learns the transmission never reached the intended recipient.
Why does a pleading that sets a court date require a more demanding method of service?
Because missing that pleading could mean missing a hearing. Paragraph C requires registered or certified mail, delivery by a qualifying commercial courier, or email with confirmed delivery, so the party who filed it can show the other side got notice in time.
What counts as a commercial courier under Article 1313?
A business whose primary purpose is delivering letters and parcels, that obtains a signed receipt from the recipient upon delivery, and that has no direct or indirect interest in how the case comes out.