Civil District Court for the Parish of Orleans Service and Proof of Service Rules

CRITICAL

Applies to

Motion to set for trial on the merits

Service

Mail

The mover must mail a copy of the motion to all counsel of record before submitting it to the court.

Mover further certifies that a copy hereof has been Mailed to all counsel of record before submission to the Court.

CRITICALCivil cases

Service

Mail to all parties

After signing, the original judgment is filed and a certified copy with notice of signing is mailed to all parties.

After the judgment is signed, the original is filed in the record and a certified copy of the judgment and notice of signing of judgment will be mailed to all parties as per Louisiana Code of Civil Procedure Article 1913.

CRITICAL

Applies to

Judgment

Service

Mail to all parties

After a judgment is signed, the original is filed in the record and a certified copy with notice of signing is mailed to all parties.

After the judgment is signed, the original is filed in the record and a certified copy of the judgment and notice of signing of judgment will be mailed to all parties as per Louisiana Code of Civil Procedure Article 1913.

CRITICAL

Applies to

Family law affidavit

No hearing or trial date will be provided until the affidavit is filed, and a copy must be served on the opposing party.

No hearing/trial date will be provided until the Affidavit has been filed. A copy of the Affidavit shall be served upon the opposing party.

CRITICALCivil cases

Applies to

Judgment

Service

Mail to all parties

After signing, the original judgment is filed and a certified copy with notice of signing is mailed to all parties.

After the judgment is signed, the original is filed in the record and a certified copy of the judgment and notice of signing of judgment will be mailed to all parties as per Louisiana Code of Civil Procedure Article 1913.

CRITICALCivil cases

Deadline

1 working days

Applies to

Reply brief

A reply memorandum, other than for a summary-judgment motion, must reach the trial judge and all other parties by 4:00 p.m. at least one full working day before the hearing.

If the mover or exceptor wishes to furnish the trial judge a reply memorandum, the reply memorandum must be furnished to the trial judge and served on all other parties so that it is received before 4:00 p.m. on a day that allows one full working day before the hearing, except for motions for summary judgment.

CRITICAL

Applies to

Document requiring service without citation

For a document requiring service without citation, the filing party must obtain an extra certified copy and give it to the Constable for the return of service.

Wherever a rule or other document requiring service without the issuance of a citation is filed with the Clerk of this Court, the party filing same shall be required to obtain an additional certified copy of the rule or document, over and above the number of copies to be served, which additional certified copy shall be delivered to the Constable with the copy or copies to be served, and shall be used by the Constable to make return or returns of service.

CRITICAL

Applies to

Notice of hearing

Rules, motions, and summary cases may be heard only after two days' notice to the adverse party or attorney, unless law provides otherwise.

Section 8. Except as otherwise provided by law, all rules, motions and summary cases may be heard only after two days’ notice to the adverse party or his attorney.

CRITICAL

Applies to

Notice of trial

Service

Mail

For unrepresented litigants, notices must be mailed to the litigant's address; if no address appears in the pleadings, posting the notice-of-trial date on the bulletin board constitutes adequate notice.

In any matter in which a litigant is not represented by an attorney of record, all notices shall be mailed to the litigant to his address. If the litigant’s address is not set out in the pleadings, posting of such Notice of Trial date on the bulletin board shall constitute ample notice to the litigant.

CRITICAL

The notice requirements of Rule 12, Section 8 must be satisfied.

Section 3. Notice requirements of Rule 12, Section 8, shall be complied with.

CRITICAL

Applies to

Pleadings motions and other papers

All pleadings, motions, and other papers filed after the complaint or petition must include a certificate showing that a copy was delivered or mailed to opposing counsel or unrepresented opposing litigants.

Section 5. All pleadings, motions, and other papers filed subsequent to the complaint or petition shall be accompanied by a certificate showing that a copy was delivered or mailed to the opposing counsel, or to the opposing litigant or litigants, if not represented by counsel.

CRITICAL

Applies to

Pleadings

In all small claims cases, all pleadings must be served in accordance with the Louisiana Code of Civil Procedure.

In all small claims cases, service of all pleadings shall be made in accordance with the Louisiana Code of Civil Procedure.

CRITICAL

Deadline

24 hours

A constable must return served papers to the record within 24 hours after service and before the scheduled trial time.

The constable shall make his return within 24 hours after the service of all papers intrusted to him for service, which return shall be placed in the record before the hour fixed for the trial of any cause.

CRITICAL

Deadline

5 court days

Applies to

Notice of trial

Unless law provides otherwise, trial requires five judicial days between notice and trial, delivered by the Constable or by written or oral court order.

In all other cases, five judicial days shall intervene between the notice of trial and the day of trial, which notice of trial shall be given to the adverse party or his attorney of record, either through service by the Constable, or by ‘‘Order of Court’’, in writing or orally, unless otherwise provided by law.

CRITICAL

Applies to

Rule to show cause or order

The mover must serve all parties.

The Mover is required to serve all parties.

CRITICAL

Applies to

Notice

When no notice period is otherwise specified, 48 hours must be allowed.

Section 1. In all cases where notice is required and no time is specified by law, by these rules, or by order of Court, forty-eight hours shall be allowed.

CRITICAL

Covered discovery materials must be served on opposing counsel or parties but ordinarily may not be filed unless a judge orders filing.

Interrogatories under Article 1421 of the Louisiana Code of Civil Procedure, and the answers thereto, Requests for Production or Inspection under C.C.P. 4121, and responses thereto, shall be served upon the other counsel or parties, but shall not be filed with the Court, unless a Judge of this Court orders that such be filed.

CRITICALCivil cases

Applies to

Documents required by second paragraph

A self-employed person or qualifying closely held business employee must deliver the second-paragraph documents to the opposing party, and to the court or clerk if required, at least five days before the hearing, excluding holidays.

If self-employed or employed by a closely-held business entity in which you have an ownership interest, documents required by the second paragraph of this order must be delivered to the opposing party [and to the court or filed with the clerk, if required by the court] at least five (5) days, exclusive of holidays, before the hearing.

CRITICALCivil cases

Applies to

Documents required by first paragraph

The documents identified in the first paragraph must be exchanged with the opposing party, and if required by the court, delivered to the court or filed with the clerk at least five days before the hearing, excluding holidays.

Documents required by the first paragraph of this order must be exchanged with the opposing party [and delivered to the court or filed with the clerk, if required by the court] at least five (5) days, exclusive of holidays, before the hearing.

CRITICALCivil cases

Applies to

Amended family law affidavit

The opposing party must be notified immediately by delivery of an amended Family Law Affidavit and updated documentation, with court delivery or filing if required.

You shall immediately notify the opposing party of the update or errors by delivering an amended Family Law Affidavit with updated documentation to the opposing party [and to the court or filed with the clerk, if required by the court].

CRITICALCivil cases

Deadline

5 calendar days

Applies to

Family law affidavit

The parties or attorneys must execute and deliver the pertinent Family Law Affidavit sections, and file or deliver them to the court if required, at least five days before the hearing, excluding holidays.

IT IS FURTHER ORDERED that the parties or their attorneys shall execute and deliver to the opposing party [and to the court or filed with the clerk, if required by the court] the pertinent sections of the Family Law Affidavit at least five (5) days, exclusive of holidays, prior to the hearing:

CRITICALCivil cases

A copy of the affidavit must be sent to the other party and, when applicable, the hearing officer or court before the specified conference or hearing, using the number of days entered in the form.

I CERTIFY that I will send copy of this affidavit to the other party (and the hearing officer or court, whichever is applicable) not less than ______ days before the (the hearing officer conference or court hearing date, whichever is applicable).

CRITICALCivil cases

Summary-judgment motions must be served on all parties at least 65 days before trial.

Motions for Summary Judgment shall be filed and served on all parties not less than sixty-five (65) days before trial date

CRITICALCivil cases

Applies to

Reply brief

A reply memorandum on a summary-judgment motion must be served at least 5 days before the hearing.

Any reply memorandum shall be filed and served not less than five (5) days prior to hearing on the Motion.

CRITICALCivil cases

Applies to

Opposition

Opposition to a summary-judgment motion must be served at least 15 days before the hearing.

Opposition to Motions for Summary Judgment shall be filed and served not less than fifteen (15) days prior to hearing on the Motion.

CRITICALCivil cases

The mover must serve every party.

Mover is required to serve all parties.

CRITICALCivil cases

A reply memorandum must reach the trial judge and all other parties at least one full working day before the hearing, except for summary-judgment motions.

Reply memorandum must be furnished to the trial judge and served on all other parties so that it is received before 4:00 p.m. on a day that allows one full working day before the hearing, except for motions for summary judgment.

CRITICALCivil cases

Service

Mail to all parties

After signing, the original judgment is filed and a certified copy with notice of signing is mailed to all parties.

After the judgment is signed, the original is filed in the record and a certified copy of the judgment and notice of signing of judgment will be mailed to all parties as per Louisiana Code of Civil Procedure Article 1913.

CRITICALCivil cases

The party filing a Rule to Show Cause or Order must serve all parties.

Mover is required to serve all parties.

CRITICALCivil cases

Service

Mail to all parties

After signing, the original judgment is filed in the record and a certified copy with notice of signing is mailed to all parties under Louisiana Code of Civil Procedure Article 1913.

After the judgment is signed, the original is filed in the record and a certified copy of the judgment and notice of signing of judgment will be mailed to all parties as per Louisiana Code of Civil Procedure Article 1913.

CRITICALCivil cases

Applies to

Notice of trial

Service

Mail to all parties

The certifying person must state that a copy of the notice was mailed to each attorney or party in proper person.

I certify that a copy of this notice has been Mailed to each attorney or party in proper Person.

CRITICALCivil cases

Applies to

Motion to set for trial

Service

Mail to opposing party

Before submitting the motion to set the case for trial, the mover must mail a copy to all counsel of record.

Mover further certifies that a copy hereof has been Mailed to all counsel of record before submission to the Court.

CRITICAL

Applies to

Judgment

Service

Mail to all parties

After a judgment is signed, the original is filed and a certified copy of the judgment and notice of signing are mailed to all parties.

After the judgment is signed, the original is filed in the record and a certified copy of the judgment and notice of signing of judgment will be mailed to all parties as per Louisiana Code of Civil Procedure Article 1913.

CRITICAL

Applies to

Family law affidavit

No hearing or trial date will be provided until the affidavit is filed, and a copy must be served on the opposing party.

No hearing/trial date will be provided until the Affidavit has been filed. A copy of the Affidavit shall be served upon the opposing party.

WARNINGCivil cases

If the person is absent from the domicile, the person with whom service is made may be interrogated to obtain the necessary service information.

absent from domicile at time of said service.

WARNINGCivil cases

The sheriff's return is to be completed the same day.

Returned same day

WARNINGCivil cases

Domiciliary service may be completed by leaving the copy with a person of suitable age and discretion who resides at the domicile or usual place of abode.

a person of suitable age and discretion, residing

WARNINGCivil cases

The personal-service return may be completed the same day.

Return same day

WARNINGCivil cases

Domiciliary service may be made through a member of the establishment, with the server identifying the member by interrogating that person.

as a member of domiciliary establishment, whose name and other facts connected with this service I learned by interrogating the said

WARNINGCivil cases

The sheriff's return form provides for domiciliary service.

Domiciliary Service

WARNINGCivil cases

Service

Personal service

The sheriff's return form permits personal service of a copy in person.

RETURN FOR PERSONAL SERVICE

WARNING

Applies to

Exhibits

Service

Email

Any document or exhibit that you wish to admit into evidence or show the judge or witness should be marked for identification and emailed to the law clerks and other parties at least one week prior to the hearing.

Any document or exhibit that you wish to admit into evidence or show the judge or witness should be marked for identification and emailed to the law clerks and other parties at least one week prior to the hearing.

WARNING

Applies to

Notice of trial

A notice of trial need not be served when both parties agree on a trial date and waive notice, or when the judge deems it proper; the judge may then set the trial by written or oral order or joint motion.

In cases where there is an agreement by both parties on a trial date and all parties require that no service of a notice of trial is needed, or if the Judge deems it proper, the Judge may set the trial ‘‘By Order of Court’’ either orally or in writing, or the following format may be used for a joint motion:

WARNING

Applies to

Judgment

Service

Mail to all parties

After signing, the original judgment is filed and a certified copy with notice of signing is mailed to all parties.

After the judgment is signed, the original is filed in the record and a certified copy of the judgment and notice of signing of judgment will be mailed to all parties as per Louisiana Code of Civil Procedure Article 1913.

WARNINGCivil cases

Service

Email to all parties

This should be emailed directly to the Law Clerk, copying all counsel.

This should be emailed directly to the Law Clerk, copying all counsel.

INFOCivil cases

The Court certifies service of the Jury Cash Deposit Order on counsel and/or parties by hand delivery or mail.

The Court certifies that a copy of this Order has been served upon counsel of record and/or parties by hand delivery or by mail.

INFOCivil cases

The parties waive mailing of the Notice by signing below pursuant to Uniform Rule 9.14, Appendix 8.

By signature of the parties below, mailing of this Notice is hereby waived pursuant to Uniform Rule 9.14, App. 8.