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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 3
BY SENATOR MARTINY
CIVIL PROCEDURE. Provides for service of citation and process. (8/15/10)
AN ACT1
To amend and reenact R.S. 13:5107(D)(2), relative to service of citation and process; to2
clarify dismissal of a suit for failure to request service; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 13:5107(D)(2) is hereby amended and reenacted to read as follows:6
ยง5107. Service of citation and process7
* * *8
D.(1) In all suits in which the state, a state agency, or political subdivision,9
or any officer or employee thereof is named as a party, service of citation shall be10
requested within ninety days of the commencement of the action or the filing of a11
supplemental or amended petition which initially names the state, a state agency, or12
political subdivision or any officer or employee thereof as a party. This requirement13
may be expressly waived by the defendant in such action by any written waiver.14
(2) If service is not requested by the party filing the action within that period15
the period required in Paragraph (1) of this Subsection, the action shall be16
dismissed without prejudice, after contradictory motion as provided in Code of Civil17 SB NO. 3
SLS 10RS-28 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Procedure Article 1672(C), as to the state, state agency, or political subdivision, or1
any officer or employee thereof, who has not been served .2
(3) When the state, a state agency, or a political subdivision, or any officer3
or employee thereof, is dismissed as a party pursuant to this Section, the filing of the4
action, even as against other defendants, shall not interrupt or suspend the running5
of prescription as to the state, state agency, or political subdivision, or any officer or6
employee thereof; however, the effect of interruption of prescription as to other7
persons shall continue.8
The original instrument was prepared by Michelle Ducharme. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Camille Sebastien Perry.
DIGEST
Martiny (SB 3)
Present law provides that in all suits in which the state, a state agency, or a political
subdivision, or any officer or employee thereof is named as a party if service of citation is
not requested by the party filing the action within 90 days, the action shall be dismissed
without prejudice, after contradictory motion as to the state, state agency, or political
subdivision, or any officer or employee thereof, who has not been served.
Proposed law specifies that if service is not requested within 90 days of the commencement
of the action or the filing of a supplemental or amended petition which initially names the
state, a state agency, or political subdivision or any officer or employee thereof as a party,
the action shall be dismissed without prejudice, after contradictory motion as to the state,
state agency, or political subdivision, or any officer or employee thereof, who has not been
served.
Effective August 15, 2010.
(Amends R.S. 13:5107(D)(2))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill.
1. Returns deleted present law provision to the bill.