Service of Process
Service of process is the formal delivery of court documents to a party, ensuring they have notice of legal action against them. In Justice of the Peace Court, the Constable is primarily responsible for this duty.
The Constable’s Role
Section titled “The Constable’s Role”The Constable (or a deputy) has the primary duty to serve citations, summons, subpoenas, and other court orders.
- Parish-Wide Authority: A constable can serve process anywhere within the parish for cases filed in their ward.
- Exclusivity: State law requires the JP to use the ward’s constable whenever possible. Service by unauthorized persons has no legal effect.
Methods of Service
Section titled “Methods of Service”1. Personal Service
Section titled “1. Personal Service”Delivery of the citation directly to the person being served. This is the most effective method.
- Can be made anywhere the person is found.
- Can be made at any time (including Sundays/holidays).
2. Domiciliary Service
Section titled “2. Domiciliary Service”Leaving the citation at the person’s “usual place of abode” (residence) with a person of “suitable age and discretion” who lives there.
- Suitable Age: Generally considered to be someone capable of understanding the importance of the documents (often 14+).
- Residing There: Must be a resident, not just a visitor.
3. Certified Mail
Section titled “3. Certified Mail”Service may be made by certified mail with return receipt requested (if costs are advanced).
- Personal: If signed by the defendant.
- Domiciliary: If signed by someone else at the address.
4. Secretary of State
Section titled “4. Secretary of State”Used for non-residents or defendants who cannot be found after diligent effort. Service is complete when the Secretary of State receives the citation.
The Return of Service
Section titled “The Return of Service”After serving the documents, the Constable must file a “Return” with the court. This written report states:
- Date and time of service
- Place of service
- Method used (Personal/Domiciliary)
- Name of person served
The return is considered prima facie correct — it is presumed accurate unless proven otherwise.
Private Process Servers
Section titled “Private Process Servers”If the Constable is unable to make service within 10 days, or is unable/unwilling to act, the court may appoint a Private Process Server.
- Qualifications: Must be over 18, a resident of Louisiana, and not a party to the suit. Licensed private investigators are presumed qualified.
- Appointment: The court must issue a specific order naming the person.
- Authority: The private server has the same authority as the constable for that specific service.