A. The attorney at law appointed by the court to represent a defendant shall use reasonable diligence to inquire of the defendant, and to determine from other available sources, what defense, if any, the defendant may have, and what evidence is available in support thereof. B. Except in an executory proceeding, the attorney may except to the petition, shall file an answer or other pleading in time to prevent a default judgment from being rendered, may plead therein any affirmative defense available, may prosecute an appeal from an adverse judgment, and generally has the same duty, responsibility, and authority in defending the action or proceeding as if he had been retained as counsel for the defendant.
Art. 5095.Same; Defense of Action
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 2. Attorney Appointed to Represent Unrepresented Defendants · Last amended 2022 · Last verified July 30, 2026
In one sentenceArticle 5095 requires the appointed attorney to investigate what defense the represented defendant might have and, except in an executory proceeding, to file responsive pleadings, raise available defenses, and litigate the case with the same authority and diligence as retained counsel.
Full Text of Art. 5095
Amendment History
Amended by Acts 2021, No. 174, §1, eff. 1/1/2022. Amended by Acts 2017, No. 419, §1, eff. 8/1/2017.
Plain-English Summary
Notifying the defendant, Article 5094's duty, is only the first half of the appointed attorney's job. Article 5095 covers the other half: defending the case. The attorney must use reasonable diligence to inquire of the defendant and to determine from other available sources what defense, if any, exists and what evidence might support it, rather than treating the appointment as a formality that ends once notice goes out.
Outside of executory proceedings, that duty translates into real litigation activity. The attorney may except to the petition, must file an answer or other pleading in time to head off a default judgment, may plead any affirmative defense that is available, and may prosecute an appeal from an adverse judgment. In short, the article gives the appointed attorney the same duty, responsibility, and authority in defending the case as if the defendant had retained that attorney directly.
Executory proceedings are carved out because they proceed on different footing: a creditor there is enforcing a secured debt through seizure and sale rather than litigating liability from scratch, and the appointed attorney's role in that setting is addressed elsewhere in the Code rather than under this general defense-of-action standard.
Frequently Asked Questions
Does a court-appointed attorney have to investigate the defendant's possible defenses?
Yes. Article 5095 requires reasonable diligence in inquiring of the defendant and other available sources to determine what defense, if any, exists and what evidence supports it.
Can the appointed attorney file an answer, raise affirmative defenses, and appeal an adverse ruling?
Yes, except in an executory proceeding. Article 5095 gives the attorney the same authority to except, answer, plead affirmative defenses, and appeal as retained counsel would have.
Must the appointed attorney file an answer even if the defendant cannot be reached?
Yes. Article 5095 requires the attorney to file an answer or other pleading in time to prevent a default judgment, regardless of whether the defendant responded to the notice sent under Article 5094.
Why is Article 5095's defense-of-action rule carved out for executory proceedings?
Because executory proceedings enforce secured debts through seizure and sale rather than a fully litigated case on liability, and the appointed attorney's role there is governed differently than under this general standard.
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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