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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

In one sentenceArticle 4546 requires an interdiction hearing or trial to be fixed and noticed under the rules for summary proceedings, served on the defendant under Article 4543, and mailed to other named persons at least ten days beforehand, unless the expedited procedure in Article 4549 for temporary interdiction applies instead.

Full Text of Art. 4546

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A hearing or trial in an interdiction proceeding shall be fixed and notice shall be served in the manner prescribed for summary proceedings. In addition, such notice shall be served on the defendant in the manner prescribed by Article 4543(A). Except as provided in Article 4549, the petitioner shall mail a copy of the order fixing a hearing or trial by first-class United States mail, postage prepaid, to the last known address of each other person named in the petition at least ten days prior to the hearing. Failure to mail a copy of the order to any such person shall not affect the validity of the proceeding, but may subject the petitioner or his attorney to sanctions.

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.

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
Also known as: Article 4546 Louisianainterdiction hearing notice Louisianafixing interdiction trialten day notice interdiction Louisiana