Art. 1293.Service By Private Person
Book II. Ordinary Proceedings · Title II. Citation and Service of Process · Chapter 4. Persons Authorized to Make Service · Last amended 2018 · Last verified July 30, 2026
Full Text of Art. 1293
Amendment History
Amended by Acts 2018, No. 679, §1, eff. 8/1/2018. Acts 1984, No. 210, §1; Acts 2006, No. 704, §1, eff. 6/29/2006; Acts 2010, No. 185, §1; Acts 2010, No. 466, §1, eff. 6/22/2010; Acts 2012, No. 521, §1.
Plain-English Summary
The sheriff is Louisiana's default server of process, but Article 1293 recognizes that a sheriff's office can fall behind or come up empty. Once ten days pass after the sheriff receives process without service being made, or once the sheriff's return certifies an inability to serve it, whichever happens first, a party can move the court to appoint a private person instead. That appointee has to be an adult, not a party to the case, and a resident of Louisiana whom the court considers qualified, and once appointed, that person serves papers the same way a sheriff would. A licensed Louisiana private investigator gets a head start here: the article presumes such a person qualified for the job.
Paragraph B offers a faster path for urgent situations. When a party is serving notice of a summary proceeding, or a subpoena connected to one, the court can appoint a private person up front, without first making the sheriff attempt service, so long as the party's motion is backed by a sworn affidavit explaining the reasons — the urgent nature of the hearing, knowledge of where the person to be served can be found, or other good cause.
Paragraph C extends the private-service option to businesses: a court can appoint a juridical person, Louisiana's term for a corporation, company, or other legal entity as opposed to a living individual, and that entity can then designate an employee or agent to carry out the service, as long as that individual meets the same qualifications required of any private server. Paragraph D closes the article with the same Protective Order Registry reporting duty found in Article 1292 — proof of service on a restraining order, protective order, injunction, or qualifying consent agreement has to reach the judicial administrator's office by the end of the next business day.
Frequently Asked Questions
When can a private person serve papers instead of the sheriff in Louisiana?
Once ten days have passed after the sheriff received the process without service being made, or once the sheriff's return says service couldn't be made, whichever comes first. A party can then move the court to appoint a qualified private person.
Who qualifies to serve as a private process server under Article 1293?
An adult, not a party to the case, who resides in Louisiana and whom the court considers qualified for the job. A Louisiana licensed private investigator is presumed to meet that standard.
Can a company be appointed to serve process?
Yes. Paragraph C lets the court appoint a juridical person, meaning a business entity, which can then have a qualifying employee or agent carry out the actual service.
Does the sheriff always have to try first before a private person can serve process?
Not always. For notice of a summary proceeding or a related subpoena, Paragraph B lets the court appoint a private person from the start, on a sworn motion showing urgency or other good cause, without requiring the sheriff to attempt service first.