Louisiana Request For Issuance Or Reissuance of Summons

State:
Louisiana
Control #:
LA-SKU-0116
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PDF
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Description

Request For Issuance Or Reissuance Of Summons

The Louisiana Request For Issuance Or Re issuance of Summons is a form used to initiate a civil lawsuit in Louisiana. This form is filed with the court clerk and is used to request either the issuance or reissuance of a summons to a defendant. The summons orders the defendant to appear in court and answer the plaintiff’s complaint. There are two types of Louisiana Request For Issuance Or Re issuance of Summons: Original Summons and Re issuance Summons. An original summons is used when a plaintiff initially files a lawsuit against a defendant. A reissuance summons is used when a plaintiff has already filed a lawsuit and needs to reissue the summons if the defendant fails to appear in court. The Louisiana Request For Issuance Or Re issuance of Summons form requires the plaintiff to provide the court with the case number and the address of the defendant. The plaintiff must also include a statement as to why the summons is being issued or reissued. This form must be signed by the plaintiff or their attorney and should be filed with the court clerk.

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FAQ

Acceptance Or Waiver Of Service To waive or accept service, the other party must be willing to accept a certified copy of the citation and petition and sign a written waiver. In cases of divorce, the written waiver must be in the form of an affidavit sworn and signed by the other party before a notary public.

Louisiana Process Server Requirements Domiciliary service is made when a proper officer leaves the citation or other process at the dwelling house or usual place of abode of the person to be served with a person of suitable age and discretion residing in the domiciliary establishment.

Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding before the court,

Submit a claim in one of the following ways: Telephone: (225)342-6969. By Mail: Office of the Governor. Louisiana Commission on Human Rights. P.O. Box 94094. Baton Rouge, LA 70804. In Person: 1001 N. 23rd Street. Baton Rouge, LA 70802. Online: Click here.

Ordinarily, a civil sheriff's deputy will serve this notice upon any party located in Louisiana. For the sheriff to make service, the sheriff will need to physically locate the person (personal service) or deliver the papers to the person's home address (domiciliary service).

Substituted service is sometimes made by leaving the papers with a ?suitable person.? This may be a spouse, family member, or someone in the same household. Once delivery has been made, the process server will send an Affidavit of Service to the law firm or individual that hired him or her.

Louisiana Laws - Louisiana State Legislature. A motion for a continuance shall be in writing and shall allege specifically the grounds upon which it is based and, when made by a defendant, must be verified by his affidavit or that of his counsel. It shall be filed at least seven days prior to the commencement of trial.

For non-residents, the court may direct Louisiana Process Service to be performed on an attorney at law designated if service by registered or certified mail or physical delivery is not possible. It is the same as delivering a personal service to the defendant in this state if the process is served.

More info

The plaintiff or plaintiff's attorney must complete a summons form for each defendant being served. If a request for admission is served with the summons, the summons shall so state.(c) Summons – Return. Sheriff of to the following address:. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. Submit this form to the court clerk along with your complaint and, if necessary, a case inventory addendum (MC 21). If a summons is not served within 90 days after its issuance, it shall be returned stating the reasons for failure to serve. Upon request of the plaintiff separate or additional summons shall be issued against any defendants. A summons is issued when, after being filled.

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Louisiana Request For Issuance Or Reissuance of Summons