A. Notwithstanding any other provision of law to the contrary, prior to the taking of a final judgment in any concursus in which one of the defendants is the state or any of its departments, offices, boards, commissions, agencies, or instrumentalities, the notice of the order of court limiting the delay for answer, together with a copy of the petition or other demand, shall be sent by the party moving for the order to the attorney general by registered or certified mail or shall be served by the sheriff personally upon the attorney general or the first assistant attorney general at the office of the attorney general. B. If the order of court is served on the attorney general by mail, the person mailing such items shall execute and file in the record an affidavit stating that these items have been enclosed in an envelope properly addressed to the attorney general with sufficient postage affixed, and stating the date on which such envelope was deposited in the United States mails. In addition, the return receipt shall be attached to the affidavit which was filed in the record. C. If no answer is filed within fifteen days immediately following the date on which the attorney general or the first assistant attorney general received notice of the order to answer as provided herein, a judgment may be entered in the concursus proceeding as provided by law.
Art. 4657.1.Notice to Attorney General When the State Is a Defendant
Book VII. Special Proceedings · Title X. Concursus Proceedings · Chapter 1. Concursus Proceedings · Enacted 1986 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 4657.1 requires a party moving to shorten the time to answer in a concursus proceeding to notify the attorney general, by registered or certified mail or by personal service, whenever the state or one of its agencies is a defendant, and allows judgment to be taken only after fifteen days pass without an answer following that notice.
Full Text of Art. 4657.1
Amendment History
Acts 1986, No. 480, §1.
Plain-English Summary
Article 4657 lets any party push late-answering defendants toward a hard deadline, but when the state itself, or one of its departments, offices, boards, commissions, or agencies, is among the defendants who have not answered, Article 4657.1 layers on an added safeguard. Publication notice in a local paper, sufficient for private claimants under Article 4657, is not enough to bind the state; the attorney general has to be notified directly before judgment can be taken.
The party moving for the order limiting the delay to answer must send notice of that order, along with a copy of the petition or other demand, to the attorney general. That notice can go by registered or certified mail, or it can be served personally by the sheriff on the attorney general or the first assistant attorney general at the attorney general's office.
When the notice goes by mail, the article requires proof: the person who mailed it has to file an affidavit in the record stating that the documents were properly addressed with sufficient postage and the date they were deposited in the mail, with the return receipt attached to that affidavit. Only after fifteen days pass, counted from the date the attorney general or first assistant attorney general received the notice, and still no answer has been filed, may a judgment be entered in the concursus proceeding.
Frequently Asked Questions
Does the State of Louisiana get special treatment as a concursus defendant?
Yes. When the state or one of its agencies is a defendant, Article 4657.1 requires direct notice to the attorney general before a judgment limiting the delay for answering can lead to a final judgment.
How must notice be sent to the attorney general in a concursus proceeding?
By registered or certified mail, or by personal service by the sheriff on the attorney general or the first assistant attorney general at the attorney general's office.
How long does the attorney general have to respond before judgment can be entered?
Fifteen days from the date the attorney general or first assistant attorney general received the notice, with no answer filed in that time.
What proof is required when the notice to the attorney general is mailed?
An affidavit filed in the record confirming proper addressing, sufficient postage, and the mailing date, with the return receipt attached to that affidavit.
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: notice to attorney general concursus LouisianaArticle 4657.1 Louisianastate as defendant concursus proceedingattorney general concursus notice requirementLouisiana concursus state agency defendant