When an officer of the state, or of a municipality, parish, political subdivision, agency, or public corporation, who is a party dies, resigns, or otherwise ceases to hold office, his successor may be substituted therefor on ex parte written motion of the successor or any other party, supported by an affidavit of the truth of the facts alleged. A copy of the order substituting the successor shall be served on the adverse party by mail.
Art. 806.Public Officer
Title III. Parties · Chapter 5. Substitution of Parties · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 806 lets the successor of a public officer who dies, resigns, or otherwise leaves office while a party to a suit be substituted in by ex parte motion supported by affidavit, with a copy of the substitution order mailed to the adverse party.
Full Text of Art. 806
Plain-English Summary
A lawsuit against a public officer in an official capacity — a state, municipal, or parish official, or an officer of an agency or public corporation — can outlast that officer's time in the position. Article 806 addresses what happens when the officeholder dies, resigns, or otherwise stops holding office while the case is pending: the successor in that office can be substituted in to keep the case moving.
The substitution happens by ex parte written motion, filed by the successor or by any other party to the case, supported by an affidavit attesting to the truth of the facts alleged. There is no need for a contested hearing to make the change when the facts — that the prior officeholder left office and who now holds it — are not in dispute.
Article 806 adds one notice requirement: a copy of the order substituting the successor must be served on the adverse party by mail, so the opposing side knows who now occupies the official role in the case.
Frequently Asked Questions
What happens to a lawsuit against a public officer if that officer leaves office during the case?
Article 806 lets the successor to that office be substituted in for the departing officer, so the case continues against whoever currently holds the position.
Who can file the motion to substitute a public officer's successor?
Either the successor or any other party to the case can file the ex parte written motion, as long as it is supported by an affidavit attesting to the truth of the facts alleged.
Does the opposing party get notified when a public officer's successor is substituted in?
Yes. Article 806 requires a copy of the substitution order to be served on the adverse party by mail.
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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