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Art. 252.Issuance of Process

Title I. Courts · Chapter 5. Clerks · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 252 directs the clerk of court to issue every citation, writ, summons, subpoena, and other court process in the name of the State of Louisiana, sign and seal it in an official capacity, and forward it to the sheriff whenever the sheriff must carry out service.

Full Text of Art. 252

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The clerk of a court shall issue all citations, writs, mandates, summons, subpoenas, and other process of the court in the name of the State of Louisiana. He shall indicate thereon the court from which they issue, sign them in his official capacity, and affix the seal of the court thereto. If service by the sheriff is required, the clerk shall deliver or mail them to the sheriff who is to make the service.

Plain-English Summary

Before a defendant, witness, or third party has to do anything in a lawsuit, a piece of paper has to reach them first — a citation ordering them to respond, a subpoena ordering them to appear, a writ commanding some act. Article 252 puts the clerk of court in charge of issuing all of it.

Every one of these documents goes out in the name of the State of Louisiana, a reminder that the courts act with the state's own authority, not just as a referee between private parties. The clerk marks which court issued it, signs it in an official capacity, and affixes the court's seal.

Issuing the paper is only half the job. When the sheriff is the one who has to hand it to the person named, the clerk delivers or mails it to the sheriff so service can happen.

Frequently Asked Questions

Who prepares and issues a summons or subpoena in a Louisiana lawsuit?

The clerk of court issues citations, writs, summons, subpoenas, and other court process, signing them in an official capacity and affixing the court's seal.

Why does Louisiana court process say it's issued in the name of the State of Louisiana?

It reflects that the court acts with the state's own authority. Process issued this way carries the weight of the state behind it, not just the parties' private dispute.

Does the clerk personally deliver a summons to the defendant?

No. The clerk issues the document, and when the sheriff must serve it, the clerk delivers or mails it to the sheriff, who carries out the actual service.

What counts as court 'process' under this article?

Citations, writs, mandates, summons, subpoenas, and any other formal document a court uses to command an appearance or action.

Source & verification. Article text is reproduced verbatim from the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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