Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 1. Subpoenas · Enacted 2008 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 1355 requires a subpoena to be served like a citation, generally by the sheriff, or personally on a party-witness's attorney of record, and lets a private adult resident of the state serve it instead, with a notarized return, once five days pass without sheriff service.
Full Text of Art. 1355
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A. Except as provided in Paragraph B of this Article, a subpoena shall be served and a return thereon made in the same manner and with the same effect as a service of and return on a citation. When a party is summoned as a witness, service of the subpoena may be made by personal service on the witness' attorney of record.
B. Except as otherwise provided by law, when the sheriff has not made service of a subpoena within five days after its receipt or when a return has been made certifying that the sheriff has been unable to make service, any person over the age of majority, not a party and residing within the state, may make service of the subpoena in the same manner as is required by the sheriff. Proof of service by a private person shall be made by filing with the clerk of the court by which the subpoena is issued a notarized return showing the title of the action and the name of the court issuing it, the date and manner of service, and the name of the person served, signed by the person who made the service.
Amendment History
Acts 2008, No. 824, §3, eff. 1/1/2009.
Plain-English Summary
Service of a subpoena follows the same basic model this chapter's earlier articles set up for citations. Paragraph A of Article 1355 ties the two together directly: a subpoena is served, and its return made, the same way and with the same effect as service of and return on a citation. One added convenience applies when the person being called as a witness is also a party to the case — service of the subpoena can be made personally on that party's own attorney of record, rather than tracking the party down directly.
Paragraph B mirrors the private-service fallback Article 1293 already sets up for citations, on a faster clock. If the sheriff hasn't served a subpoena within five days of receiving it, or has returned it certifying an inability to serve it, any adult who isn't a party to the case and who resides in Louisiana can step in and serve the subpoena the same way a sheriff would. Proof of that private service has to be more formal than proof of ordinary citation service: the private server files a notarized return with the clerk of the court that issued the subpoena, showing the case title, the issuing court, the date and manner of service, and the name of the person served.
Frequently Asked Questions
How is a subpoena served in Louisiana?
The same way a citation is served and returned, generally by the sheriff, following Article 1355's cross-reference to the Code's ordinary service-of-citation rules.
Can a subpoena be served on my lawyer instead of me?
When the person being subpoenaed as a witness is also a party to the case, yes. Article 1355 allows personal service of the subpoena on that party's attorney of record.
What if the sheriff hasn't served the subpoena in time?
Once five days pass after the sheriff receives the subpoena without service being made, or the sheriff's return shows an inability to serve it, an adult non-party residing in Louisiana can serve the subpoena instead.
What does a private process server have to file to prove service of a subpoena?
A notarized return filed with the clerk of the issuing court, showing the title of the action, the name of the court, the date and manner of service, and the name of the person served, signed by the person who made the service.
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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