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, and the additional defendant shall be served with the original petition and the
supplemental or amended petition. 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 or a contradictory motion in
accordance with Article 1672(C).
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; Acts 2022, No.
455, §1; Acts 2025, No. 250, §3.