CIVIL/PROCEDURE: Provides with respect to service of process

HLS 26RS-715 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 683
BY REPRESENTATIVE GALLE
CIVIL/PROCEDURE: Provides with respect to service of process
1 AN ACT
2 To amend and reenact Code of Civil Procedure Articles 1293(A) and (B) and 1355(B),
3 relative to service of process; to provide relative to service of process by a private
4 person; to provide relative to the procedure for appointing a private person for
5 service; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Articles 1293(A) and (B) and 1355(B) are hereby
8 amended and reenacted to read as follows:
9 Art. 1293. Service by private person
10 A. When the sheriff has not made service of an original petition or executory
11 pleading within ten days after receipt of the process or when a return has been made
12 certifying that the sheriff has been unable to make service, whichever is earlier, on
13 motion of a party, the court shall appoint a person over the age of majority, not a
14 party, and residing within the state whom the court deems qualified to perform the
15 duties required, to make service of process in the same manner as is required of
16 sheriffs. Service of process made in this manner shall be proved like any other fact
17 in the case by filing return of service with the court. Any person who is a Louisiana
18 licensed private investigator shall be presumed qualified to perform the duties
19 required to make service.
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-715 ORIGINAL
HB NO. 683
1 B. In serving notice of a summary proceeding as provided by Article 2592
2 or a subpoena which is related to the proceeding, on motion of a party the court shall
3 have the discretion to appoint any person over the age of majority, not a party, and
4 residing within the state, to may make service of process, notices, and subpoenas in
5 the same manner as is required of sheriffs, without first requiring the sheriff to
6 attempt service. The party making such a motion shall include the reasons, verified
7 by affidavit, necessary to forego service by the sheriff, which shall include but not
8 be limited to the urgent emergency nature of the hearing, knowledge of the present
9 whereabouts of the person to be served, as well as any other good cause shown.
10 * * *
11 Art. 1355. Service of subpoena
12 * * *
13 B. Except as otherwise provided by law, when the sheriff has not made
14 service of a subpoena within five days after its receipt or when a return has been
15 made certifying that the sheriff has been unable to make service, any person over the
16 age of majority, not a party, and residing within the state, may make service of the
17 subpoena in the same manner as is required by the sheriff. Proof of service by a
18 private person shall be made by filing with the clerk of the court by which the
19 subpoena is issued a notarized return showing the title of the action and the name of
20 the court issuing it, the date and manner of service, and the name of the person
21 served, signed by the person who made the service.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 683 Original 2026 Regular Session Galle
Abstract: Provides relative to the procedure for service by a private person.
Present law (C.C.P. Art. 1293(A)) requires the court to appoint a private person to make
service when the sheriff has not made service within ten days after receipt of process.
Proposed law retains present law and specifies the service is of an original petition or
executory pleading.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-715 ORIGINAL
HB NO. 683
Present law requires a private person to prove service of process like any other fact in the
case.
Proposed law changes present law to require a private person to prove service be by filing
return of service with the court.
Present law (C.C.P. Art 1293(B)) provides that in serving a notice of summary proceeding,
on motion of a party, the court has the discretion to appoint a private person to make service
in the same manner as required by sheriffs without first requiring the sheriff to attempt
service.
Proposed law changes present law and provides that in serving a notice of summary
proceeding, any private person may make service of process in the same manner as required
by sheriffs without first requiring the sheriff to attempt service.
Present law requires the party making a motion to appoint a private person to make service
to include the reasons, verified by affidavit, necessary to forego service by the sheriff.
Proposed law repeals present law.
Present law (C.C.P. Art. 1355(B)) provides that when the sheriff has not made service of a
subpoena within five days after its receipt or when a return has been made certifying that the
sheriff has been unable to make service, any private person may make service.
Proposed law changes present law by simply providing any private person may make
service.
Present law requires proof of service by a private person to be made by filing a notarized
return.
Proposed law changes present law by removing the requirement that the return be notarized.
(Amends C.C.P. Arts. 1293(A) and (B) and 1355(B))
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.