Art. 4623.Order; Service of Citation; Contradictory Proceedings
Book VII. Special Proceedings · Title IX. Partition Between Co-Owners · Chapter 2. Partition When Co-Owner an Absentee · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4623 requires the court to appoint an attorney for the absent defendant and order publication of notice once the petition shows the plaintiff is entitled to partition against an absentee co-owner, and directs that citation and all proceedings run against that appointed attorney rather than against the absentee directly.
Full Text of Art. 4623
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When the petition for a partition discloses that the plaintiff is entitled thereto, and that the absent and unrepresented defendant is an absentee who owns an interest in the property, the court shall appoint an attorney at law to represent the absent defendant, and shall order the publication of notice of the institution of the proceeding.
The citation to the absent defendant and all other process shall be served on or service thereof accepted by the attorney at law appointed to represent him, and all proceedings shall be conducted contradictorily against this attorney.
Plain-English Summary
An absentee cannot receive citation the ordinary way, since nobody knows where to serve them. Article 4623 solves that by inserting a stand-in: once the petition shows the plaintiff is entitled to a partition and that the absent, unrepresented defendant is an absentee owning an interest in the property, the court appoints an attorney at law to represent that defendant.
The court also orders publication of notice of the proceeding, the mechanism Article 4624 spells out in detail, since publication is how the law gives an absentee constructive notice when personal service is not possible.
From that point on, the appointed attorney stands in the absentee's shoes procedurally. Citation and every other piece of process get served on, or accepted by, that attorney, and the entire proceeding runs contradictorily against the attorney rather than against a defendant who cannot be found. That structure ensures someone is present to test the plaintiff's case, even though the true owner of the interest is not.
Frequently Asked Questions
How does an absentee get served in a Louisiana partition suit?
Through a court-appointed attorney. Article 4623 requires the court to appoint an attorney at law to represent the absent defendant, and citation is served on, or accepted by, that attorney.
Does the court have to order publication of notice too?
Yes. Article 4623 requires the court to order publication of notice of the proceeding once it appears the plaintiff is entitled to partition against an absentee.
Who defends the absentee's interest in the lawsuit?
The court-appointed attorney. Article 4623 makes the proceeding run contradictorily against that attorney, meaning the attorney actively participates and can contest the plaintiff's claims on the absentee's behalf.
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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