Louisiana Withhold Issuance of Service of Process Request
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How to fill out Withhold Issuance Of Service Of Process Request?
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FAQ
Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.
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.
(2)(a) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.
Notwithstanding Paragraph A of this Article, if a pleading or order sets a court date, then service shall be made by registered or certified mail or as provided in Article 1314, by actual delivery by a commercial courier, or by emailing the document to the email address designated by counsel or the party.
After five days, if the sheriff has not served the Louisiana Process Service, a party may request that any person over the age of majority, who is not involved in the case, be appointed to serve Louisiana Process Service on their behalf, as long as the person does so within the state of residence.
Is there a deadline for requesting service and citation once the case has been filed? Yes. The filing party must request service of the citation on all named defendants within ninety (90) days of the date of filing commencing the case.
(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 ...
