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La. Rev. Stat. § 13:5107 (2026)

Service of citation and process

✓ current as of May 2026
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§5107. Service of citation and process

           A. (1) In all suits filed against the state of Louisiana or a state agency, citation and service may be obtained by citation and service on the attorney general of Louisiana, or on any employee in his office above the age of sixteen years, or any other proper officer or person, depending upon the identity of the named defendant and in accordance with the laws of this state, and on the department, board, commission, or agency head or person, depending upon the identity of the named defendant and in accordance with the laws of this state, and on the department, board, commission, or agency head or person, depending upon the identity of the named defendant and the identity of the named board, commission, department, agency, or officer through which or through whom suit is to be filed against.

           (2) Service shall be requested upon the attorney general within ninety days of filing suit. This shall be sufficient to comply with the requirements of Subsection D of this Section and also Code of Civil Procedure Article 1201(C). However, the duty of the defendant served through the attorney general to answer the suit or file other responsive pleadings does not commence to run until the additional service required upon the department, board, commission, or agency head has been made.

           B. In all suits filed against a political subdivision of the state, or any of its departments, offices, boards, commissions, agencies or instrumentalities, citation and service may be obtained on any proper agent or agents designated by the local governing authority and in accordance with the laws of the state provided that the authority has filed notice of the designation of agent for service of process with and paid a fee of ten dollars to the secretary of state, who shall maintain such information with the information on agents for service of process for corporations. If no agent or agents are designated for service of process, as shown by the lack of such designation in the records of the secretary of state, citation and service may be obtained on the district attorney, parish attorney, city attorney, or any other proper officer or person, depending upon the identity of the named defendant and in accordance with the laws of the state, and on the department, board, commission, or agency head or person, depending upon the identity of the named defendant and the identity of the named board, commission, department, agency, or officer through which or through whom suit is to be filed against.

           C. In all suits in which title to lands or waterbottoms under the jurisdiction of the state land office is or may be at issue, and in all possessory actions, boundary disputes, trespass actions, actions involving alleged acquisitive prescription of immovable property, declaratory judgments, injunctions, and concursus proceedings involving such lands or waterbottoms, citation and service of all pleadings also shall be made on the register of the state land office. In all suits in which property rights, mineral rights, or authorities under the jurisdiction of the State Mineral and Energy Board may also be at issue, citation and service of all pleadings shall also be made on the secretary of the Department of Conservation and Energy.

           D.(1) In all suits in which the state, a state agency, or political subdivision, or any officer or employee thereof is named as a party, service of citation shall be requested within ninety 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. This requirement may be expressly waived by the defendant in such action by any written waiver. If not waived, a request for service of citation upon the defendant shall be considered timely if requested on the defendant within the time period provided by this Section, notwithstanding insufficient or erroneous service.

           (2) If service is not requested by the party filing the action within the period required in Paragraph (1) of this Subsection, the action shall be dismissed without prejudice, after contradictory motion as provided in Code of Civil Procedure Article 1672(C), as to the state, state agency, or political subdivision, or any officer or employee thereof, upon whom service was not requested within the period required by Paragraph (1) of this Subsection.

           (3) When the state, a state agency, or a political subdivision, or any officer or employee thereof, is dismissed as a party pursuant to this Section, the filing of the action, even as against other defendants, shall not interrupt or suspend the running of prescription as to the state, state agency, or political subdivision, or any officer or employee thereof; however, the effect of interruption of prescription as to other persons shall continue.

           Acts 1975, No. 434, §1. Acts 1983, No. 586, §1; Acts 1985, No. 861, §1, eff. July 23, 1985; Acts 1996, 1st Ex. Sess., No. 63, §1, eff. May 9, 1996; Acts 1997, No. 518, §1, eff. Jan. 1, 1998; Acts 2010, No. 55, §1, eff. August 15, 2010; Acts 2012, No. 770, §1, eff. June 12, 2012; Acts 2014, No. 379, §1, eff. May 30, 2014; Acts 2018, No. 242, §1, eff. August 1, 2018; Acts 2023, No. 150, §3, eff. January 10, 2024; Acts 2025, No. 458, §12, eff. October 1, 2025.

Notes of Decisions
Cited in 157 cases (28 in the last 5 years), 1967–2026 · leading case: Whitley v. State Ex Rel. Bd. of Supervisors of Louisiana State Univ. Agric. Mech. Coll. Ex Rel. Med. Ctr. of Louisiana at New Orleans-Univ. Campus, 66 So. 3d 470 (La. 2011).
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Whitley v. State Ex Rel. Bd. of Supervisors of Louisiana State Univ. Agric. Mech. Coll. Ex Rel. Med. Ctr. of Louisiana at New Orleans-Univ. Campus, 66 So. 3d 470 (La. 2011). · cites it 39× “Specifically, this matter is before the court for a determination of whether the plaintiffs request for service and citation within 90 days from the commencement of this tort *472 suit on only the head of the state agency satisfied the requirements of LSA-R.S. 13:5107 and…”
Tranchant v. State, 5 So. 3d 832 (La. 2009). · cites it 25× “R.S. 13:5107(D), plaintiffs were required to request service of citation on the state defendants on or before November 2, 2006, or their action was subject to dismissal.”
Naquin v. Titan Indem. Co., 779 So. 2d 704 (La. 2001). · cites it 16× “R.S. 13:5107, a statute governing suits against the state, state agencies, or political subdivisions, to require that service upon governmental defendants be requested within ninety days of the filing of the petition.”
Taylor v. LSU Med. Ctr., 892 So. 2d 581 (La. Ct. App. 2005). · cites it 31× “The first letter is dated August 31, 2001, and is from Penny Buchanan, a State Risk Claims Adjuster.”
Thomas v. Louisiana Dept. of Pub. Saf., 848 So. 2d 635 (La. Ct. App. 2003). · cites it 20× “From this judgment, plaintiff appeals, assigning the following as error: (1) The trial court erred in finding that plaintiff had not requested service under LSA-R.S. 13:5107; (2) Alternatively, the trial court erred in finding that plaintiff did not have good cause in failing to…”
Langlois v. East Baton Rouge Sch. Bd., 761 So. 2d 504 (La. 2000). · cites it 18× “R.S. 13:5107(D), as it was in effect between May 9, 1996 and January 1, 1998, unconstitutional.”
Burnett v. James Constr. Grp., 66 So. 3d 482 (La. 2011). · cites it 13× “Specifically, this matter is before the court for a determination of whether the plaintiff’s request for service and citation within 90 days from the commencement of this tort suit on only the attorney general satisfied the requirements of LSA-R.S. 13:5107 and LSA-R.S. 39:1538.…”
Burge v. State, 54 So. 3d 1110 (La. 2011). · cites it 7× “Burge, but instead noted that “the more specific rule of service in ‘all suits filed against the State of Louisiana’ is set out in LSA-R.S. 13:5107.” Id. at 237 . The court of appeal further stated that LSA-R.”
Sam v. Feast, 802 So. 2d 680 (La. Ct. App. 2001). · cites it 16× “R.S. 13:5107(D) for plaintiffs’ failure to request service on them within 90 days of filing suit (by September 10, 1996).”
Johnson v. Shafor, 22 So. 3d 935 (La. Ct. App. 2009). · cites it 9× “R.S. 13:5107 D, which states: D. (1) In all suits in which the state, a state agency, or political subdivision, or any officer or employee thereof is named as a party, service of citation shall be requested within ninety days of the commencement of the action or the filing of a…”
Llopis v. Louisiana State Bd. of Dentistry, 143 So. 3d 1211 (La. Ct. App. 2014). · cites it 9× “R.S. 13:5107 and La. C.C.P. articles 1201 and 1672, the trial court included the following statement: “Further complicating matters was the amendment of La.”
Jenkins v. Larpenter, 906 So. 2d 656 (La. Ct. App. 2005). · cites it 8× “R.S. 13:5107, this court has held that a valid and effective "request" asking the Clerk of Court to perfect service requires the receipt of the request by the Clerk of Court's office, Rollins v.”
Show all 157 citing cases →
La. Rev. Stat. § 13:5107(A): 20 cases
Whitley v. State Ex Rel. Bd. of Supervisors of Louisiana State Univ. Agric. Mech. Coll. Ex Rel. Med. Ctr. of Louisiana at New Orleans-Univ. Campus, 66 So. 3d 470 (La. 2011). “Specifically, this matter is before the court for a determination of whether the plaintiffs request for service and citation within 90 days from the commencement of this tort *472 suit on only the head of the state agency satisfied the requirements of LSA-R.S. 13:5107 and…”
Burnett v. James Constr. Grp., 66 So. 3d 482 (La. 2011). “Specifically, this matter is before the court for a determination of whether the plaintiff’s request for service and citation within 90 days from the commencement of this tort suit on only the attorney general satisfied the requirements of LSA-R.S. 13:5107 and LSA-R.S. 39:1538.…”
Llopis v. Louisiana State Bd. of Dentistry, 143 So. 3d 1211 (La. Ct. App. 2014). “R.S. 13:5107 and La. C.C.P. articles 1201 and 1672, the trial court included the following statement: “Further complicating matters was the amendment of La.”
Taylor v. LSU Med. Ctr., 892 So. 2d 581 (La. Ct. App. 2005). “The first letter is dated August 31, 2001, and is from Penny Buchanan, a State Risk Claims Adjuster.”
Thomas v. Louisiana Dept. of Pub. Saf., 848 So. 2d 635 (La. Ct. App. 2003). “From this judgment, plaintiff appeals, assigning the following as error: (1) The trial court erred in finding that plaintiff had not requested service under LSA-R.S. 13:5107; (2) Alternatively, the trial court erred in finding that plaintiff did not have good cause in failing to…”
La. Rev. Stat. § 13:5107(A)(1): 7 cases
Hart v. Allen, No. 3:21-cv-00699 (M.D. La. Nov. 18, 2022).
David Lepine, Jr. & Cayden Lepine v. State of Louisiana, Dep't of Wildlife & Fisheries, John Doe Co. & Xyz Ins. Co., 350 So. 3d 988 (La. Ct. App. 2022).
Pittman v. Louisiana Stadium & Exposition Dist., No. 2:22-cv-03723 (E.D. La. Mar. 21, 2023).
Faizan Farooqui & Farhat Farooqui, Individually & on Behalf of the Est. of Azra Farhat (D) v. BRFHH Shreveport, LLC, Brijesh M. Patel, M.D., Edwin W. Herron, M.D. & the State of Louisiana, 316 So. 3d 579 (La. Ct. App. 2021).
Noretta Phillips v. Louisiana Stadium & Exposition Dist., Bd. of Commissioners / Gayle M. Benson, 332 So. 3d 779 (La. Ct. App. 2021).
La. Rev. Stat. § 13:5107(A)(2): 4 cases
Lathan Co. v. Div. of Admin., 272 So. 3d 1 (La. Ct. App. 2019).
Lathan Co. v. Div. of Admin., 272 So. 3d 1 (La. Ct. App. 2019).
Mary Sue Wilson v. State of Louisiana, Dep't of Pub. Saf. & Corr., No. 53,433-CA (La. Ct. App. Apr. 22, 2020).
Rhonda Jackson v. Louisiana State Univ., et al., No. 3:25-cv-00338 (M.D. La. Jan. 14, 2026).
La. Rev. Stat. § 13:5107(A)(l): 1 case
Sabine State Bank & Trust Co. v. Louisiana Dep't of Soc. Servs., 117 So. 3d 1283 (La. Ct. App. 2013).
La. Rev. Stat. § 13:5107(B): 7 cases
Meadows v. Cross Gates, Inc., 878 So. 2d 674 (La. Ct. App. 2004).
Noretta Phillips v. Louisiana Stadium & Exposition Dist., Bd. of Commissioners / Gayle M. Benson, 332 So. 3d 779 (La. Ct. App. 2021).
Jackson v. St. John the Baptist Par. Sch. Bd., 121 So. 3d 164 (La. Ct. App. 2013).
Barber v. Jefferson, 221 So. 3d 264 (La. Ct. App. 2017).
Naquin v. Titan Indem. Co., 767 So. 2d 726 (La. Ct. App. 2000).
La. Rev. Stat. § 13:5107(D): 85 cases
Naquin v. Titan Indem. Co., 779 So. 2d 704 (La. 2001). “R.S. 13:5107, a statute governing suits against the state, state agencies, or political subdivisions, to require that service upon governmental defendants be requested within ninety days of the filing of the petition.”
Langlois v. East Baton Rouge Sch. Bd., 761 So. 2d 504 (La. 2000). “R.S. 13:5107(D), as it was in effect between May 9, 1996 and January 1, 1998, unconstitutional.”
Sam v. Feast, 802 So. 2d 680 (La. Ct. App. 2001). “R.S. 13:5107(D) for plaintiffs’ failure to request service on them within 90 days of filing suit (by September 10, 1996).”
Tranchant v. State, 5 So. 3d 832 (La. 2009). “R.S. 13:5107(D), plaintiffs were required to request service of citation on the state defendants on or before November 2, 2006, or their action was subject to dismissal.”
Whitley v. State Ex Rel. Bd. of Supervisors of Louisiana State Univ. Agric. Mech. Coll. Ex Rel. Med. Ctr. of Louisiana at New Orleans-Univ. Campus, 66 So. 3d 470 (La. 2011). “Specifically, this matter is before the court for a determination of whether the plaintiffs request for service and citation within 90 days from the commencement of this tort *472 suit on only the head of the state agency satisfied the requirements of LSA-R.S. 13:5107 and…”
La. Rev. Stat. § 13:5107(D)(1): 40 cases
Tranchant v. State, 5 So. 3d 832 (La. 2009). “R.S. 13:5107(D), plaintiffs were required to request service of citation on the state defendants on or before November 2, 2006, or their action was subject to dismissal.”
Burge v. State, 54 So. 3d 1110 (La. 2011). “Burge, but instead noted that “the more specific rule of service in ‘all suits filed against the State of Louisiana’ is set out in LSA-R.S. 13:5107.” Id. at 237 . The court of appeal further stated that LSA-R.”
Whitley v. State Ex Rel. Bd. of Supervisors of Louisiana State Univ. Agric. Mech. Coll. Ex Rel. Med. Ctr. of Louisiana at New Orleans-Univ. Campus, 66 So. 3d 470 (La. 2011). “Specifically, this matter is before the court for a determination of whether the plaintiffs request for service and citation within 90 days from the commencement of this tort *472 suit on only the head of the state agency satisfied the requirements of LSA-R.S. 13:5107 and…”
Taylor v. LSU Med. Ctr., 892 So. 2d 581 (La. Ct. App. 2005). “The first letter is dated August 31, 2001, and is from Penny Buchanan, a State Risk Claims Adjuster.”
Velasquez v. Chesson, 151 So. 3d 812 (La. Ct. App. 2014).
La. Rev. Stat. § 13:5107(D)(2): 24 cases
Taylor v. LSU Med. Ctr., 892 So. 2d 581 (La. Ct. App. 2005). “The first letter is dated August 31, 2001, and is from Penny Buchanan, a State Risk Claims Adjuster.”
Tranchant v. State, 5 So. 3d 832 (La. 2009). “R.S. 13:5107(D), plaintiffs were required to request service of citation on the state defendants on or before November 2, 2006, or their action was subject to dismissal.”
Whitley v. State Ex Rel. Bd. of Supervisors of Louisiana State Univ. Agric. Mech. Coll. Ex Rel. Med. Ctr. of Louisiana at New Orleans-Univ. Campus, 66 So. 3d 470 (La. 2011). “Specifically, this matter is before the court for a determination of whether the plaintiffs request for service and citation within 90 days from the commencement of this tort *472 suit on only the head of the state agency satisfied the requirements of LSA-R.S. 13:5107 and…”
Patterson v. Jefferson Davis Par. Sch. Bd., 773 So. 2d 297 (La. Ct. App. 2000).
Burnett v. James Constr. Grp., 66 So. 3d 482 (La. 2011). “Specifically, this matter is before the court for a determination of whether the plaintiff’s request for service and citation within 90 days from the commencement of this tort suit on only the attorney general satisfied the requirements of LSA-R.S. 13:5107 and LSA-R.S. 39:1538.…”
La. Rev. Stat. § 13:5107(D)(3): 24 cases
Patterson v. Jefferson Davis Par. Sch. Bd., 773 So. 2d 297 (La. Ct. App. 2000).
Thomas v. Louisiana Dept. of Pub. Saf., 848 So. 2d 635 (La. Ct. App. 2003). “From this judgment, plaintiff appeals, assigning the following as error: (1) The trial court erred in finding that plaintiff had not requested service under LSA-R.S. 13:5107; (2) Alternatively, the trial court erred in finding that plaintiff did not have good cause in failing to…”
Matthews v. City of Bossier City, 963 So. 2d 516 (La. Ct. App. 2007).
Jacobs v. Louisiana Farm Bureau Ins., 815 So. 2d 858 (La. Ct. App. 2001).
Whitley v. State Ex Rel. Bd. of Supervisors of Louisiana State Univ. Agric. Mech. Coll. Ex Rel. Med. Ctr. of Louisiana at New Orleans-Univ. Campus, 66 So. 3d 470 (La. 2011). “Specifically, this matter is before the court for a determination of whether the plaintiffs request for service and citation within 90 days from the commencement of this tort *472 suit on only the head of the state agency satisfied the requirements of LSA-R.S. 13:5107 and…”
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