When a publication of notice is required by this Title, prima facie proof may be made either by an affidavit of publication by the official journal or newspaper which published the notice, reciting the date or dates of publication and the text of the notice, or by the original newspaper tear sheet showing both the text of the notice and its date of publication, accompanied by an affidavit by the moving party or the party's attorney, attesting to the publication and its date or dates.
Art. 3265.Prima Facie Proof of Publication
Book VI. Probate Procedure · Title III. Administration of Successions · Chapter 6. Alienation of Succession Property · Enacted 1993 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3265 lets a required publication of notice be proven prima facie either by an affidavit from the newspaper reciting the dates and text of publication, or by the original tear sheet showing the notice's text and date together with an attesting affidavit from the moving party or attorney.
Full Text of Art. 3265
Amendment History
Acts 1993, No. 26, §1, eff. 5/18/1993.
Plain-English Summary
Several points in succession administration require notice to be published in a newspaper, including the notice of a public sale under Article 3272. Once that publication happens, someone has to be able to show the court it occurred, without turning proof of a routine newspaper notice into a costly evidentiary exercise.
Article 3265 supplies two accepted ways to make that showing. The first is an affidavit of publication from the official journal or newspaper itself, reciting the date or dates the notice ran along with its text. The second is the original newspaper tear sheet, the physical clipping showing both the notice's text and its publication date, paired with an affidavit from the moving party or the party's attorney attesting to the publication and its date or dates.
Either method establishes prima facie proof, meaning it is accepted as sufficient on its face unless someone comes forward to dispute it. That lets a succession representative move forward with sale petitions, applications for court orders, and other steps that depend on completed publication without needing live testimony from the newspaper every time the question comes up.
Frequently Asked Questions
How does a succession representative prove that a required legal notice was published?
Under Article 3265, either with an affidavit from the newspaper reciting the dates and text of publication, or with the original tear sheet plus an attesting affidavit from the party or attorney.
What is a newspaper tear sheet?
The original clipping from the newspaper showing both the published notice's text and its date of publication, used as one of the two accepted forms of proof under Article 3265.
Does the newspaper have to send a witness to court to prove publication happened?
No. Article 3265's affidavit and tear-sheet methods are accepted as prima facie proof without live testimony from the newspaper.
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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