24th Judicial District Court, Jefferson Parish Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Motion

A copy of the motion must be served on all counsel of record before submission to the court.

A copy of this motion has been served upon all counsel of record before submission to this court.

CRITICALCivil cases

Service

Mail to all parties

A copy of the special master's memorandum must be sent to the parties by certified mail.

A copy of the memorandum shall be provided to the parties by certified mail.

CRITICALCivil cases

All parties must be served with notice that the deposit has been fixed.

Notice of the fixing of the deposit shall be served on all parties.

CRITICALCivil cases

Deadline

5 court days

A copy must be provided to opposing counsel or the unrepresented party and the Hearing Officer at least five Court days before the conference, excluding weekends and legal holidays.

The undersigned party certifies to the Court the accuracy of the information provided below and certifies that a copy has been provided to opposing counsel or unrepresented party and the Hearing Officer at least five (5) Court days (exclusive of weekends and legal holidays) prior to the Hearing Officer Conference.

CRITICAL

You may deliver the certified Petition yourself using an Acceptance of Service signed by your spouse before a notary, after filing and delivery of the certified copy.

Acceptance of service: You can deliver it yourself if your spouse signs the Acceptance of Service. An acceptance of service may only be signed after the petition has been filed with the clerk and the defendant has been given a certified copy. The acceptance of service must be signed by your spouse in the presence of a notary public.

CRITICALCivil cases

All parties and the withdrawing attorney's former client must be served with the motion and rule to show cause.

All parties and the withdrawing attorney's former client must be served with a copy of the motion and rule to show cause why it should not be granted.

CRITICAL

The form offers acceptance of service, waiver of legal delays, and acceptance of the petition as drafted as a selectable service option.

(_____) Defendant to accept service and waive all legal delays and accept petition as drafted.

CRITICAL

Applies to

Acceptance of service

For acceptance of service, the litigant may deliver the certified Petition personally; the spouse may sign the acceptance only after filing and receipt of the certified copy, and must sign before a notary.

Acceptance of service: You can deliver it yourself if your spouse signs the Acceptance of Service. An acceptance of service may only be signed after the petition has been filed with the clerk and the defendant has been given a certified copy. The acceptance of service must be signed by your spouse in the presence of a notary public.

CRITICALCivil cases

If the hearing date is not already set, notice must be mailed or served on the parties or counsel with the pleading when the objection is served, unless notice was given in open court or waived by both parties.

If the hearing date before the district judge has not already been set, notice of said hearing date with the pleading shall be mailed or served in conformity with La. C.C.P. Art. 1313 et seq. upon the parties or counsel at the same time as service of the objection unless notice was given in open court or waived by both parties.

CRITICAL

The affidavit must include the original return receipt as proof of service.

Attach original return receipt here (ex: green card from the USPS)

CRITICALCivil cases

Service

Mail to opposing party

If the defendant appeared, notice of the preliminary default must be sent to the defendant by certified mail or the defendant’s waiver of notice must be filed.

If the defendant has made an appearance in the case, was notice of the preliminary default sent to defendant by certified mail pursuant to La. C.C.P. Art. 1702(A) or is there a filed waiver of the notice by the defendant?

CRITICAL

Confirm that the defendant was served notice of the hearing.

First, since you are representing yourself, you have to confirm your defendant was served notice about the hearing.

CRITICALCivil cases

Deadline

48 hours

Applies to

Statement of income and expenses and required documentation

All parties must exchange the Statement of Income and Expenses and its required documentation 48 hours before the scheduled hearing.

All parties shall exchange the Statement of Income and Expenses (see Appendix 2) and the documentation required by said form forty-eight (48) hours prior to the scheduled hearing.

CRITICALCivil cases

Service

Mail

An appointed attorney must direct all correspondence to the absentee by registered or certified mail.

All correspondence by an attorney appointed to represent an absentee shall be directed to the absentee by registered or certified mail.

CRITICALCivil cases

Service

Mail

Notice of the date of the conference shall be mailed by the court or commissioner, where appropriate, to all counsel of record.

Notice of the date of the conference shall be mailed by the court or commissioner, where appropriate, to all counsel of record.

CRITICALCivil cases

Deadline

5 working days

IT IS FURTHER ORDERED that the parties or their respective attorneys shall complete and deliver to the Hearing Officer and each otherfive (5) working days (Saturday, Sundays, and legal holidays excluded) prior to the Hearing Officer Conference, the following documents:

IT IS FURTHER ORDERED that the parties or their respective attorneys shall complete and deliver to the Hearing Officer and each otherfive (5) working days (Saturday, Sundays, and legal holidays excluded) prior to the Hearing Officer Conference, the following documents:

CRITICALCivil cases

The notice of the hearing officer conference and ensuing hearing or trial date must be served on the specified recipients with the pleading, at the same time as service of the petition, motion, or rule to show cause.

2. Notice of the domestic hearing officer conference, and ensuing hearing or trial date shall be served with the pleading to the defendant, counsel for the opponent, or unrepresented parties at the same time as service of the petition, motion, or rule to show cause.

CRITICAL

Applies to

Affidavit of service

Service

Mail

For long-arm service, the affidavit of service via certified mail must be filed in the record at least 31 days before the scheduled hearing or conference.

(_____) Defendant was served via Long-Arm Service on the ______ day of __________________ 20____ and the Affidavit of Service via Certified Mail was filed in the record on the _____ day of ________________ 20____, which is at least 31 days prior to a scheduled Court Hearing or Hearing Officer Conference.

CRITICALCivil cases

Service

Mail to all parties

If neither a party nor counsel is present, written notice of the signed recommendation, order, ruling, or judgment must be mailed in accordance with La. R.S. 13:717.

If neither party nor counsel is present before the hearing officer, the notice of the signed recommendations, orders, rulings or judgment shall be reduced to writing, filed in the record and mailed in conformity with La. R.S.13:717.

CRITICALCivil cases

Discovery requests must be served on opposing counsel or parties and generally must not be filed with the court, subject to the stated exceptions.

Discovery requests propounded pursuant to La. C.C.P. Art. 1420, et seq. shall be served upon opposing counsel or parties, but shall not be filed with the court, unless a domestic hearing officer, domestic commissioner or district judge orders that such be filed, or said discovery pleadings become the subject of a motion or rule or an exhibit.

CRITICALCivil cases

Applies to

Commissioner order ruling or judgment

Notice of the domestic commissioner's order, ruling, or judgment must be given to all parties as provided in the referenced rule.

Notice of the order, ruling, or judgment of the domestic commissioner shall be given to all parties as provided in 24`h J.D.C. Domestic Rule 24.0 (A).

CRITICAL

Service

Mail to opposing party

The certificate states that a copy of the pleading was served on opposing counsel by prepaid, properly addressed U.S. mail and identifies the service date and server.

I hereby certify that a copy of the above and foregoing pleading was served upon ___________________________ (name of adverse or opposing counsel), by placing a copy of the same in the U.S. mail, postage prepaid and properly addressed this ____ day of _____________, 20___, by me, __________________________________ (name of mover).

CRITICAL

Service

Personal service

For an incarcerated defendant, personal service on the Warden by the Clerk of Court is required.

Incarcerated: Requires personal service to Warden by Clerk of Court – see letter:

CRITICALCivil cases

If the parties or their counsel are present, they must be provided copies of written recommendations, orders, rulings, or judgments resulting from the conference at that time.

A copy of any written recommendations, orders, rulings, or judgments resulting from the hearing officer conference shall be provided to the parties and their counsel at the time of the conference, if present.

CRITICAL

The order directs service on the defendant and provides fields for the defendant’s contact information.

PLEASE SERVE: (DEFENDANT=S FULL NAME) (STREET ADDRESS) (CITY/STATE/ZIP CODE) (TELEPHONE NUMBER)

CRITICALCivil cases

Applies to

Attested copy of affidavit

An attested copy of the required affidavit must be served upon the defendant with covered pleadings.

All pleadings to establish executory child or spousal support arrearages or in which contempt is sought for failure to pay spousal support or child support, shall be accompanied by a sworn affidavit executed by the party filing said pleadings, an attested copy of which shall be served upon the defendant, setting forth the following:

CRITICALCivil cases

Service

Mail

Notice of the signing of a judgment or order must be mailed in accordance with the cited statute.

Notice of the signing of the judgment or order shall be reduced to writing, filed in the record, and mailed in conformity of La. R. S. 13:717.

CRITICALCivil cases

Applies to

Hearing officer conference affidavit and statement of income and expenses

The affidavit and income-and-expenses statement must be delivered to the opposing party and hearing officer at least five days, excluding weekends and legal holidays, before the conference.

The Hearing Officer Conference Affidavit and Statement of Income and Expenses shall be completed and delivered to the opposing party and to the hearing officer not later than five (5) days, exclusive of weekends and legal holidays prior to the domestic hearing officer conference.

CRITICALCivil cases

Provide the affidavit to the Hearing Officer and opposing party at least five days before the conference, excluding weekends and legal holidays.

I HEREBY CERTIFY that I have provided a copy of this Hearing Officer Conference Affidavit to the Hearing Officer and the opposing party not less than five (5) days (exclusive of weekends and legal holidays) prior to the Hearing Officer Conference.

CRITICALCivil cases

Applies to

Judgment

After a district judge signs the judgment, it must be served on the parties in accordance with law.

The judgment after signature by a district judge shall be served upon the parties in accordance with the law.

CRITICALCivil cases

Service

Mail

Notice of signing must be mailed as provided by La. C.C.P. Art. 1313, and receipt is presumed five days after mailing.

Notice of the signing of the recommendation or order shall be mailed in conformity with La. C.C.P. Art. 1313. Receipt is presumed five (5) days after mailing.

CRITICAL

Applies to

Petition

The district attorney must be served with the petition and cited to answer.

This proceeding is brought under LSA—R.S. 13:4751-13:4755, and it is thus mandatory that the district attorney of this parish be served with a copy of this petition and be cited to answer it.

CRITICALCivil cases

Applies to

Consolidated pretrial order

The consolidated pre-trial order must be delivered to all other attorneys in the case at least seven days before the conference, excluding Saturdays, Sundays, and holidays.

THE CONSOLIDATED PRE-TRIAL ORDER MUST BE DELIVERED TO THE COURT'S CHAMBERS AND ALL OTHER ATTORNEYS IN THE CASE BY SUCH TIME AS TO ALLOW SEVEN (7) DAY(S) PRIOR TO THE CONFERENCE, EXCLUDING SATURDAYS, SUNDAYS, AND HOLIDAYS.

CRITICAL

Service

Mail to opposing party

For an out-of-state defendant, you may use certified mail for long-arm service.

Long-Arm Service: You may serve a defendant residing out-of-state via certified mail or by courier service that tracks delivery, such as Federal Express or UPS.

CRITICAL

Applies to

Petition for divorce

After the Petition is filed, serve your spouse with a certified copy.

In order to proceed, your spouse needs to be served a certified copy of the petition after it has been filed.

CRITICALCivil cases

The parties must exchange the completed forms with one another.

2. The forms shall be completed and exchanged by the parties and delivered to the hearing officer not less than five (5) working days prior to the hearing officer conference.

CRITICAL

The certification describes waiver of service through a notarized document filed in the record.

(_____) Defendant waived service of process by notarized document executed on the ________day of _______________________ 20___ which was filed in the record on the ________day of _______________________ 20___.

CRITICAL

Service

Personal service to opposing party

You may have the Sheriff personally serve your spouse and should tell the Clerk’s Office that personal service is needed.

Sheriff: You can have the Sheriff serve your spouse. Let the Clerk’s Office know that your spouse needs to be personally served by the Sheriff.

CRITICALCivil cases

Applies to

Affidavit

The defendant must deliver a copy of the affidavit to the plaintiff and the domestic hearing officer five days before the hearing office conference.

C. Five (5) days before the hearing office conference, the defendant shall file a sworn affidavit, with accompanying proof of payment, setting forth a response to the information required in paragraph 2 and deliver a copy of same to the plaintiff and the domestic hearing officer.

CRITICAL

The form offers Long-Arm Service as a selectable service option for the defendant.

(_____) Defendant to be served via Long-Arm Service.

CRITICAL

Service

Personal service to opposing party

Sheriff: You can have the Sheriff serve your spouse. Let the Clerk’s Office know that your spouse needs to be personally served by the Sheriff.

Sheriff: You can have the Sheriff serve your spouse. Let the Clerk’s Office know that your spouse needs to be personally served by the Sheriff.

CRITICALCivil cases

Service

Mail

The required notice must be delivered or mailed to the client before counsel files a motion to withdraw.

A. The withdrawing attorney who does not have written consent from the client must make a good faith attempt to notify the client in writing of the withdrawal and of the status of the case on the court's docket. The attorney must deliver or mail this notice to the client before filing any motion to withdraw.

CRITICALCivil cases

Applies to

Pleading brief memorandum correspondence

Pleadings, briefs, memoranda, and correspondence filed with the court must be furnished contemporaneously and in the same manner to opposing counsel or an unrepresented opposing party.

B. Any pleading, brief, memorandum and/or correspondence filed with the court shall be furnished contemporaneously and in the same manner to the opposing counsel or party, if unrepresented, and shall be accompanied by a certificate of compliance with this rule.

CRITICALCivil cases

The defendant in rule must be served by the sheriff or in accordance with Louisiana law.

The defendant in rule shall be served by the sheriff or in accordance with Louisiana law (La. C.C.P. Arts. 1313, 1314).

CRITICALCivil cases

Service

Court service to opposing party

The clerk must serve opposing counsel or an unrepresented opposing party with a certified copy of the original pleading and the required forms.

1. The clerk of court shall cause to be served upon counsel for the opposing party, or the opposing party where unrepresented, a certified copy of the original pleading and the forms required by 24t h J.D.C. Domestic Rule 24.0 (3) (C) and (D).

CRITICAL

An out-of-state defendant may be served by certified mail or by a delivery-tracking courier.

Long-Arm Service: You may serve a defendant residing out-of-state via certified mail or by courier service that tracks delivery, such as Federal Express or UPS.

CRITICAL

The form offers service by Sheriff as a selectable service option for the defendant.

(_____) Defendant to be served by Sheriff:

CRITICAL

Domiciliary service is made by leaving the citation or other process at the person's home with a resident of suitable age and discretion.

(_____) Domiciliary - (“made when a proper officer leaves the citation or other process at the dwelling house or usual place of abode of the person to be served with a person of suitable age and discretion residing in the domiciliary establishment” La.CC art. 1234).

CRITICALCivil cases

After a district judge signs the judgment, it must be served on the parties in accordance with law.

The judgment, after signature by a district judge, shall be served upon the parties in accordance with law.

CRITICAL

Applies to

Petition for divorce

After the Petition is filed, the spouse must be served with a certified copy.

In order to proceed, your spouse needs to be served a certified copy of the petition after it has been filed.