Louisiana 2014 Regular Session

Louisiana Senate Bill SB222 Latest Draft

Bill / Chaptered Version

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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, 2014	ENROLLED
SENATE BILL NO. 222
BY SENATOR MURRAY 
AN ACT1
To amend and reenact R.S. 13:5107(D)(1) and to enact Code of Civil Procedure Articles2
1201(D) and 3955(D), relative to service of process; to provide relative to time3
periods for service and interruptions; to provide relative to certain legal delays; to4
provide certain terms, conditions, procedures and effects; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 13:5107(D)(1) is hereby amended and reenacted to read as follows:8
ยง5107. Service of citation and process9
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D.(1) In all suits in which the state, a state agency, or political subdivision,11
or any officer or employee thereof is named as a party, service of citation shall be12
requested within ninety days of the commencement of the action or the filing of a13
supplemental or amended petition which initially names the state, a state agency, or14
political subdivision or any officer or employee thereof as a party. This requirement15
may be expressly waived by the defendant in such action by any written waiver. 	If16
not waived, a request for service of citation upon the defendant shall be17
considered timely if requested on the defendant within the time period provided18
by this Section, notwithstanding insufficient or erroneous service.19
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Section 2. Code of Civil Procedure Articles 1201(D) and 3955(D) are hereby21
enacted to read as follows:22
Art. 1201. Citation; waiver; delay for service23
ACT No.  379 SB NO. 222	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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D. If not waived, a request for service of citation upon the defendant2
shall be considered timely if requested on the defendant within the time period3
provided by this Article, notwithstanding insufficient or erroneous service.4
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Art. 3955. Service of petition6
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D. If not waived, a request for service of citation upon the defendant8
shall be considered timely if requested on the defendant within the time period9
provided by this Article, notwithstanding insufficient or erroneous service.10
Section 3. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: