An attorney at law appointed by the court to represent an unrepresented party need not take an oath before entering on the performance of his duties, as his oath of office as an attorney applies to all of his professional duties. An attorney appointed to represent a defendant may waive citation and accept service of process, but may not waive any defense. No further action may be taken by the court after service or acceptance thereof until after the expiration of the delay allowed the defendant to answer, even though the appointed attorney may have filed an exception or answer prior thereto.
Art. 5093.Oath Not Required; Waiver of Citation and Acceptance of Service
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 2. Attorney Appointed to Represent Unrepresented Defendants · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 5093 excuses a court-appointed attorney from taking a separate oath, permits that attorney to waive citation and accept service on the defendant's behalf while still barring any waiver of a defense, and requires the court to wait out the defendant's full answer delay before taking further action.
Full Text of Art. 5093
Plain-English Summary
Article 5093 removes an unnecessary formality and adds a substantive protection in the same breath. On the formality side, an attorney appointed under this Chapter does not need to take a separate oath before beginning the representation. The professional oath every Louisiana attorney already takes on admission to the bar covers this duty along with every other professional duty.
On service, the appointed attorney may waive citation and accept service of process for the defendant, sparing the plaintiff the burden of formally serving someone who, by definition, is difficult or impossible to reach directly. That authority has a firm limit: the attorney may waive citation and accept service, but may not waive any defense available to the defendant. Accepting service on the defendant's behalf is not the same as conceding anything about the merits.
The article closes with a timing safeguard. Even after service is accepted, the court cannot take further action in the case until the defendant's full delay for answering has run, and that is true even if the appointed attorney already filed an exception or an answer before that delay expired. The defendant, through the appointed attorney, keeps the full benefit of the ordinary answer period regardless of how quickly the attorney happens to respond.
Frequently Asked Questions
Does an attorney appointed under this Chapter have to take a separate oath?
No. Article 5093 provides that the attorney's oath of office as an attorney already covers this duty, along with the attorney's other professional duties.
Can a court-appointed attorney waive the defendant's substantive defenses?
No. Article 5093 lets the appointed attorney waive citation and accept service of process, but bars waiving any defense the defendant may have.
If the appointed attorney answers early, can the court move forward with the case right away?
No. Article 5093 requires the court to wait until the defendant's full delay for answering has expired before taking further action, even if the appointed attorney filed an exception or answer earlier.
Why is a court-appointed attorney allowed to accept service for an absent defendant?
Because the defendant is, by definition, difficult to serve directly, whether as a nonresident, an absentee, or otherwise unreachable, so Article 5093 lets the appointed attorney accept service to keep the case moving without formal citation.
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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