The Louisiana Waiver of Service of Summons is a document that allows a party in a lawsuit to waive their right to be served with a summons. This document must be signed by each party in the lawsuit and filed with the court. It is used when a defendant does not wish to be served with a summons, or when a plaintiff wants to waive service. There are two types of Louisiana Waiver of Service of Summons. The first is a Waiver of Personal Service, which allows the defendant to waive their right to be personally served with a summons. The second is a Waiver of Substitute Service, which allows the plaintiff to waive their right to have a summons served by a process server. Both waiver forms must be signed by each party and filed with the court.
Louisiana Waiver of Service of Summons
State:
Louisiana
Control #:
LA-SKU-0190
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PDF
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Waiver of Service of Summons
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FAQ
When a party to a lawsuit needs to postpone a matter that has a legal deadline or that has been calendared for a hearing or trial, the proper procedure is to apply to the court for a continuance (postponement to a later date). A request for a continuance can be written or oral depending on the circumstances.
A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the Court or to the place where the action has been brought.
Louisiana Laws - Louisiana State Legislature. A motion for a continuance shall be in writing and shall allege specifically the grounds upon which it is based and, when made by a defendant, must be verified by his affidavit or that of his counsel. It shall be filed at least seven days prior to the commencement of trial.
(2) For good cause shown, the court may order a continuance of the hearing. (3) The court shall render a judgment on the motion not less than twenty days prior to the trial. (4) In all cases, the court shall state on the record or in writing the reasons for granting or denying the motion.
708. A continuance is the postponement of a scheduled trial or hearing, and shall not be granted after the trial or hearing has commenced. A recess is a temporary adjournment of a trial or hearing that occurs after a trial or hearing has commenced.
Acceptance Or Waiver Of Service To waive or accept service, the other party must be willing to accept a certified copy of the citation and petition and sign a written waiver. In cases of divorce, the written waiver must be in the form of an affidavit sworn and signed by the other party before a notary public.
A Motion for Continuance is a motion that one party files with the court seeking the court move a hearing or other court date.
A court summons is a legal document signaling that a legal case is beginning against you or your business. The document tells the defendant when and where to be in court for a hearing. It may also specify what you need to do to avoid arrest.