On ex parte written motion of any other party, supported by an affidavit of the truth of the facts alleged, the court may order the issuance of a summons to the legal successor to appear and substitute himself for the deceased party. This summons shall show the title and docket number of the action, and the name and address of the court where the action is pending.
Art. 802.Compulsory Substitution For Deceased Party; Summons
Title III. Parties · Chapter 5. Substitution of Parties · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 802 lets any other party ask the court, by ex parte motion supported by affidavit, to order a summons compelling the deceased party's legal successor to appear and substitute into the case.
Full Text of Art. 802
Plain-English Summary
Article 801 lets a deceased party's legal successor step into a case on their own initiative. Article 802 covers the situation where the successor does not come forward — giving any other party in the case a way to force the issue.
That other party files an ex parte written motion, backed by an affidavit swearing to the truth of the facts alleged, asking the court to order that a summons be issued to the legal successor. The summons compels the successor to appear and substitute for the deceased party, keeping the case from stalling indefinitely while no one occupies the deceased's side of it.
The article requires the summons to show the title and docket number of the action, along with the name and address of the court where it is pending — the basic information a legal successor needs to know which case, and which court, they are being called into.
Frequently Asked Questions
What can I do if the legal successor of a deceased party has not come forward on their own?
Article 802 lets any other party to the case ask the court, by ex parte written motion supported by an affidavit, to order a summons compelling the legal successor to appear and substitute for the deceased party.
What information must the summons under Article 802 include?
The title and docket number of the action, and the name and address of the court where the case is pending, so the legal successor knows exactly which case and court are involved.
Do I need the legal successor's consent to have this summons issued?
No. The motion is ex parte, meaning it can be presented to the court and supported by affidavit without needing agreement or participation from the legal successor at that stage.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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