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      CCP 1201     

  

TITLE II

CITATION AND SERVICE OF PROCESS

CHAPTER 1.  CITATION

Art. 1201.  Citation; waiver; delay for service

A.  Citation and service thereof are essential in all civil actions except summary and executory proceedings, divorce actions under Civil Code Article 102, and proceedings under the Children's Code.  Without them all proceedings are absolutely null.

B.  The defendant may expressly waive citation and service thereof by any written waiver made part of the record.

C.  Service of the citation shall be requested on all named defendants within ninety days of commencement of the action.  When a supplemental or amended petition is filed naming any additional defendant, service of citation shall be requested within ninety days of its filing.  The defendant may expressly waive the requirements of this Paragraph by any written waiver.  The requirement provided by this Paragraph shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of citation.

D.  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 Article, notwithstanding insufficient or erroneous service.

Acts 1991, No. 367, §2; Acts 1997, No. 518, §2, eff. Jan. 1, 1998; Acts 2003, No. 545, §1; Acts 2006, No. 750, §1; Acts 2014, No. 379, §2, eff. May 30, 2014.



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