La. Code Civ. Proc. art. 804

This is the official text of La. Code Civ. Proc. art. 804, part of Louisiana’s Code of Civil Procedure — sets the procedural rules for civil lawsuits in Louisiana courts.

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Same; effect of failure of legal successor to appear

Official statutory text

When the legal successor fails to appear and substitute himself for the deceased party within the delay allowed in the summons, on ex parte written motion of any other party, the court may:

(1) Dismiss the action as to the deceased party, with or without prejudice, if the deceased was a plaintiff; or

(2) When the legal successor of a deceased defendant has not been served by personal or domiciliary service with summons to appear and substitute, appoint an attorney at law to represent such legal successor, and the action shall be proceeded with contradictorily against the attorney at law.

Amended by Acts 1968, No. 123, §1.

Status: in_force · Read it on the official government site

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