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Art. 323.Writs Executed On Holiday

Title I. Courts · Chapter 6. Sheriffs · Last amended 1978 · Last verified July 30, 2026

In one sentenceArticle 323 bars a sheriff from executing most civil writs, mandates, orders, or judgments on a legal holiday, but exempts writs of attachment, sequestration, and fieri facias, seizures and sales under executory process, and injunctions, all situations where delay can defeat the point of the court order.

Full Text of Art. 323

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The sheriff shall not execute any writ, mandate, order, or judgment of a court in a civil case on a legal holiday, except a writ of attachment, sequestration, fieri facias, or seizure and sale under executory process, or an injunction.

Amendment History

Amended by Acts 1978, No. 169, §1.

Plain-English Summary

Courts close on legal holidays, and Article 323 extends that pause to most sheriff's civil executions as well. Routine writs, mandates, orders, and judgments wait until the next business day rather than being carried out on a holiday.

The exceptions share one trait: waiting could let the harm happen or let the property disappear. A writ of attachment seizes a debtor's property at the start of a suit to secure a possible judgment; a writ of sequestration takes custody of property that is itself in dispute so it cannot be hidden, sold, or damaged before trial; a writ of fieri facias directs the sheriff to seize and sell a debtor's property to satisfy a money judgment already rendered; executory process is the accelerated procedure typically used to enforce a mortgage or similar secured claim; and an injunction commands or forbids specific conduct that cannot always wait for a business day to start or stop.

Because these five categories can be time-sensitive by nature, Article 323 lets the sheriff act on a holiday rather than risk losing the property or letting the harm continue unchecked.

Frequently Asked Questions

Can a sheriff seize property on a holiday like Thanksgiving or Christmas?

Only for the exceptions Article 323 lists — attachment, sequestration, fieri facias, seizure and sale under executory process, or an injunction. Ordinary writs and judgments wait for a business day.

Why are attachment and sequestration writs exempt from the holiday rule?

Both are designed to secure or preserve property before it can be moved, hidden, or damaged, so a holiday delay could defeat the purpose of the writ.

What is a writ of fieri facias?

It is a writ directing the sheriff to seize and sell a debtor's property to satisfy a money judgment that has already been rendered.

Does the holiday rule in Article 323 apply to criminal warrants?

No. Article 323 addresses the execution of civil writs, mandates, orders, and judgments.

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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