All civil actions alleging that a law is unconstitutional shall be in writing and be brought in an ordinary proceeding. The pleading shall be served upon the attorney general of the state in accordance with Article 1314. Upon proper service, the attorney general shall have thirty days to respond to the allegations or represent or supervise the interests of the state.
Art. 855.1.Pleadings For Unconstitutionality of State Law
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 1. General Dispositions · Enacted 2024 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 855.1 requires any civil action challenging a state law's constitutionality to be brought in writing as an ordinary proceeding, served on the attorney general, who then has thirty days to respond to the challenge or to represent or supervise the state's interests in the case.
Full Text of Art. 855.1
Amendment History
Added by Acts 2024EX2, No. 12, §1, eff. 4/29/2024.
Plain-English Summary
Article 855.1 gives the state formal notice, and a chance to be heard, whenever a lawsuit asks a Louisiana court to declare one of its own statutes unconstitutional. The action has to be brought in writing, as an ordinary proceeding under Article 851, rather than through some faster or less formal track.
The pleading raising the constitutional challenge must be served on the attorney general in accordance with Article 1314, Louisiana's rule for serving a state officer. Once served, the attorney general has thirty days to respond to the allegations, or to represent or supervise the state's interests in the litigation going forward.
The point is to make sure the public's interest in a law's validity gets defended even when the named parties to the case might not vigorously contest the constitutional question themselves. A statute's fate should not turn on how hard the immediate parties happen to fight for it.
Frequently Asked Questions
Do I have to notify the Louisiana attorney general if I'm challenging a state law's constitutionality?
Yes. Article 855.1 requires the pleading raising the challenge to be served on the attorney general under Article 1314.
How much time does the attorney general get to respond?
Thirty days from proper service, either to respond to the allegations directly or to represent or supervise the state's interests in the case.
Can a constitutional challenge to a state law be brought as anything other than an ordinary proceeding?
No. Article 855.1 requires the action to be brought in writing as an ordinary proceeding under Book II.
Why does the state need to be notified of these lawsuits?
So the attorney general has an opportunity to defend a challenged statute's validity, protecting the public interest even if the named parties do not press the constitutional question themselves.
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: challenging constitutionality of Louisiana lawnotice to attorney general lawsuit LouisianaArticle 855.1 Louisianaunconstitutional state law lawsuitserving the attorney general Louisiana civil action