Art. 4546.Fixing of Hearings Or Trial
Book VII. Special Proceedings · Title VIII. Interdiction and Curatorship of Interdicts · Chapter 1. In General · Enacted 2000 · no amendments on record · Last verified July 30, 2026
Full Text of Art. 4546
Amendment History
Acts 2000, 1st Ex. Sess., No. 25, §3, eff. 7/1/2001.
Plain-English Summary
Interdiction hearings move on the faster summary-proceeding track rather than the slower ordinary-proceeding schedule, reflecting the practical need to resolve these cases without undue delay. Article 4546 sets the notice mechanics for that track: the hearing or trial is fixed and noticed the way summary proceedings generally require.
Because the defendant's stakes are high, notice to the defendant carries an extra layer. Article 4546 requires that notice to be served on the defendant in the same manner Article 4543 prescribes for the citation and petition -- personal service, or the alternative personal-delivery method for a defendant located elsewhere in the state. For everyone else named in the petition, the petitioner must mail a copy of the order fixing the hearing by first-class mail, postage prepaid, to each person's last known address at least ten days before the hearing.
That ten-day mailing requirement does not apply across the board. Article 4549's temporary-interdiction procedure runs on its own, faster timeline for genuine emergencies, and Article 4546 defers to it. As with the notice provisions elsewhere in this Title, a missed mailing to a listed person does not undo the proceeding, though it can subject the petitioner or the petitioner's attorney to sanctions.
Frequently Asked Questions
How much notice does a defendant get before an interdiction hearing?
The hearing is fixed and noticed under the rules for summary proceedings, with notice served on the defendant personally under Article 4543, and other named persons mailed notice at least ten days ahead.
Does the ten-day notice requirement always apply?
No. Article 4549's temporary-interdiction procedure has its own faster timeline that controls instead when emergency relief is sought.
What happens if a family member named in the petition is not mailed notice of the hearing?
The proceeding remains valid, but the petitioner or the petitioner's attorney may face sanctions for the omission.