How to File a Lawsuit Without a Lawyer in Louisiana: Pro Se Litigation Guide

Louisiana's rule on filing a lawsuit without a lawyer turns on a feature the national template does not capture: Louisiana calls the opening paper a petition. Self-represented parties file in district court (city/parish courts for smaller claims). Individuals may appear pro se. Entities generally require a Louisiana-licensed attorney. The controlling authority is Louisiana Code of Civil Procedure. E-filing: Louisiana eFiling / Odyssey (parish-dependent). E-filing mandates vary by parish. Self-represented litigants should ask the clerk whether paper filing is still accepted for their case type. Service: La. Code Civ. Proc. arts. 1201 et seq.. Small claims: parish/city court small-claims procedures where established (varies by parish court jurisdiction).

Key takeaways

• Individuals may appear pro se. Entities generally require a Louisiana-licensed attorney.
• Main trial forum: district court (city/parish courts for smaller claims). Smaller disputes often belong in parish/city court small-claims procedures where established (varies by parish court jurisdiction).
• Procedure: Louisiana Code of Civil Procedure. Opening paper: a petition.
• Service: La. Code Civ. Proc. arts. 1201 et seq.. Louisiana uses a petition and citation model.
• E-filing: Louisiana eFiling / Odyssey (parish-dependent). E-filing mandates vary by parish.
• Pair this page with the LawDiver search rail (scoped to Louisiana) and the Louisiana evidence guide.

Primary search phrases this page targets: file a lawsuit without a lawyer Louisiana; Louisiana pro se; how to sue in Louisiana; Louisiana petition and citation.

Worked example under Louisiana law

The illustration below uses only rules already stated for Louisiana. It is a research hypothetical, not a prediction of what a court will do.

A person in Louisiana wants to sue without a lawyer and has not yet filed anything.

1. Confirm you may appear without counsel: Individuals may appear pro se. Entities generally require a Louisiana-licensed attorney.
2. Draft a petition and file it in district court (city/parish courts for smaller claims). E-filing: E-filing mandates vary by parish. Self-represented litigants should ask the clerk whether paper filing is still accepted for their case type.
3. Serve under La. Code Civ. Proc. arts. 1201 et seq.. Louisiana uses a petition and citation model. The sheriff typically serves citation and petition; private process servers may be authorized. File the sheriff’s return.
4. Expect discovery under La. Code Civ. Proc. arts. 1420 et seq. govern discovery. Pretrial discovery orders are common in district court. A jury demand follows Civil jury practice in Louisiana is statute- and amount-sensitive; timely jury bond and demand requirements apply. Many smaller cases are bench trials.

Missing service or a limitations deadline is not excused because the filer is pro se in Louisiana. The evidence companion is the Louisiana evidence guide.

Contents

• What is a statute, case, rule, and regulation?
• Can you litigate pro se in Louisiana?
• Role of the judge and the jury
• Pleadings: complaint, answer, and motions
• How to file and serve in Louisiana
• Registering for e-filing
• Discovery
• Rules of evidence (short tour)
• Summary judgment and other dispositive motions
• How LawDiver can help
• Louisiana case law highlights
• Frequently asked questions

What is a statute, case, rule, and regulation?

Self-represented litigants lose cases when they confuse sources of law. Use these definitions when you research on LawDiver:

A winning Louisiana theory usually needs all three of: (1) a substantive statute or common-law claim, (2) a pleading that satisfies the civil rules, and (3) admissible evidence under the Louisiana Code of Evidence.

Can you litigate pro se in Louisiana?

Individuals may appear pro se. Entities generally require a Louisiana-licensed attorney.

Pro se (sometimes in propria persona or self-represented) means you speak for yourself. Courts often construe pro se papers liberally on formatting, but they do not invent claims you failed to plead, excuse missed statutes of limitation, or waive service defects. If a corporation is on the other side with counsel, you will still be held to the Louisiana Code of Civil Procedure.

Louisiana State Bar and parish self-help desks publish consumer civil forms.

Louisiana opinions on pro se practice

Tatum v. Lynn

Tatum v. Lynn, 637 So. 2d 796 (1994)

…of Louisiana, First Circuit. May 20, 1994. *797 Thad Tatum, pro se. Edward A. Songy, Jr., Baton Rouge, for defendant-appellee Bruce Lynn, et al. Before LOTTINGER, C.J., and CRAIN and LeBLANC, JJ. CRAIN, Judge. The issue before us in this pro se prisoner's suit is whether the filing of a petition for judicial review by prisoner Thad Tatum was timely. From an adverse decision of…

Practitioners open Tatum v. Lynn when Louisiana pro se turns on the distinction in this sentence: "Louisiana, First Circuit. May 20, 1994. *797 Thad Tatum, pro se. Edward A. Songy, Jr., Baton Rouge, for defendant-appellee Bruce Lynn, et al. Before LOTTINGER, C.J., and CRAIN and LeBLANC, JJ. CRAIN, Judge." Do not lift it out of the facts the court was deciding.

Bankston v. Alexandria Neurosurgical Clinic

Bankston v. Alexandria Neurosurgical Clinic, 659 So. 2d 507 (1994)

…994. Rehearing Denied January 20, 1995. 509 Mary Bankston, pro se. Charles Overton LaCroix, Alexandria, for Briarwood Hosp. David Richard Sobel, Alexandria, for Dr. C. Babson Fresh, et al. Mary Self, pro se. Gary Bankston, pro se. Before KNOLL and WOODARD, JJ., and BERTRAND,[] J. Pro Tem. WOODARD, Judge. This is an appeal from a dismissal of plaintiff's medical malpractice cl…

Louisiana opinions such as Bankston v. Alexandria Neurosurgical Clinic are cited where pro se is disputed. The court stated: "Rehearing Denied January 20, 1995. 509 Mary Bankston, pro se. Charles Overton LaCroix, Alexandria, for Briarwood Hosp. David Richard Sobel, Alexandria, for Dr. C. Babson Fresh, et al. Mary Self, pro se. Gary Bankston, pro se. Before KNOLL and WOODARD, JJ., and BERTRAND,[] J." That is the language to brief; the rest of the decision supplies the procedural posture.

STATE of Louisiana v. Reggie Patrick THIBODEAUX

STATE of Louisiana v. Reggie Patrick THIBODEAUX, 236 So. 3d 1253 (2017)

…nd that “[l]ower courts are required to accept and consider pro se filings from represented defendants in a preverdict context whenever doing so will not lead to confusion at trial.” State v. Thibodeaux, 17-0232 (La. App. 1 Cir. 3/31/17) (unpub’d). ∗ Retired Judge Burrell Carter assigned as Justice ad hoc, sitting for Weimer, J., recused. In State v. Bodley, 394 So.2d 584, 593…

On pro se, STATE of Louisiana v. Reggie Patrick THIBODEAUX speaks to the Louisiana dispute in this passage: "State v. Thibodeaux, 17-0232 (La. App. 1 Cir. 3/31/17) (unpub’d). ∗ Retired Judge Burrell Carter assigned as Justice ad hoc, sitting for Weimer, J., recused. In State v. Bodley, 394 So." The surrounding opinion shows how the court applied that language to the record.

Farrington v. Law Firm of Sessions

Farrington v. Law Firm of Sessions, 1997 La. LEXIS 372 (1997)

…rationales of the advocate-witness rule do not apply to the pro se lawyer litigant. ABA, Annotated Model Rules of Professional Conduct, p. 362 (3d ed. 1996). In Presnick v. Esposito, 8 Conn.App. 364, 513 A.2d 165 (1986); on remand, Esposito v. Presnick, 15 Conn.App. 654, 546 A.2d 899 (1988), the court held that a lawyer may represent himself and testify as a witness in an actio…

On pro se, Farrington v. Law Firm of Sessions speaks to the Louisiana dispute in this passage: "ABA, Annotated Model Rules of Professional Conduct, p. 362 (3d ed. 1996). In Presnick v. Esposito, 8 Conn.App. 364, 513 A.2d 165 (1986); on remand, Esposito v. Presnick, 15 Conn.App. 654, 546 A." The surrounding opinion shows how the court applied that language to the record.

State v. Sullivan

State v. Sullivan, 729 So. 2d 1101 (1999)

…night in question except a car backfiring. ERRORS PATENT & PRO SE ASSIGNMENT OF ERROR NO. 11 A review of the record for errors patent reveals that defendant's sentences were imposed without benefit of parole, probation, or suspension of sentence. At the time of the offense, the sentence for attempted second degree murder did not prohibit eligibility for parole, probation, or s…

Louisiana opinions such as State v. Sullivan are cited where pro se is disputed. The court stated: "ERRORS PATENT & PRO SE ASSIGNMENT OF ERROR NO. 11 A review of the record for errors patent reveals that defendant's sentences were imposed without benefit of parole, probation, or suspension of sentence." That is the language to brief; the rest of the decision supplies the procedural posture.

Rita BROWN v. TERREBONNE PARISH SHERIFF'S OFFICE, Sheriff Jerry J. Larpenter, and XYZ Insurance Company Sommer Brown

Rita BROWN v. TERREBONNE PARISH SHERIFF'S OFFICE, Sheriff Jerry J. Larpenter, and XYZ Insurance Company Sommer Brown, 249 So. 3d 864 (2018)

HIGGINBOTHAM, J. Pro se plaintiffs-appellants, Rita and Sommer Brown, attempt to appeal a judgment on the merits dismissing their consolidated claims seeking damages for false arrest. However, because Rita and Sommer's appeals were dismissed by the trial court for non-payment of appeal costs, the initial and primary issue is whether th…

Louisiana opinions such as Rita BROWN v. TERREBONNE PARISH SHERIFF'S OFFICE, Sheriff Jerry J. Larpenter, and XYZ Insurance Company Sommer Brown are cited where pro se is disputed. The court stated: "HIGGINBOTHAM, J. Pro se plaintiffs-appellants, Rita and Sommer Brown, attempt to appeal a judgment on the merits dismissing their consolidated claims seeking damages for false arrest." That is the language to brief; the rest of the decision supplies the procedural posture.

State v. Warner

State v. Warner, 594 So. 2d 397 (1991)

…ion of La.R.S. 14:69. At his sentencing hearing, he filed a pro se motion requesting the trial court to dismiss his appointed counsel (who had represented him to that point of the instant proceedings) and permit him to proceed pro se on appeal. Before ruling on defendant's motion, the trial court sentenced him to imprisonment at hard labor for a term of ten years.[1] FACTS Befo…

Practitioners open State v. Warner when Louisiana pro se turns on the distinction in this sentence: "La.R.S. 14:69. At his sentencing hearing, he filed a pro se motion requesting the trial court to dismiss his appointed counsel (who had represented him to that point of the instant proceedings) and permit him to proceed pro se on appeal." Do not lift it out of the facts the court was deciding.

Timothy BERNARD, Sr., et ux. v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT

Timothy BERNARD, Sr., et ux. v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT, 80 So. 3d 665 (2011)

…. On October 29, 2010, the Bernards, who are unrepresented, pro se plaintiffs, due to the withdrawal of their former attorney, filed a two-sentence, hand-written petition for $5,000.00 in small claims court, alleging: “Damages \9caused by wrongful conduct of defendants as poor drainage system was installed by defendants herein.” The petition further stated that a sink hole was…

Practitioners open Timothy BERNARD, Sr., et ux. v. LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT when Louisiana pro se turns on the distinction in this sentence: "On October 29, 2010, the Bernards, who are unrepresented, pro se plaintiffs, due to the withdrawal of their former attorney, filed a two-sentence, hand-written petition for $5,000." Do not lift it out of the facts the court was deciding.

Role of the judge and the jury

• The judge decides questions of law: what the statute means, whether a pleading states a claim, which evidence is admissible, and how the jury (if any) is instructed. In bench trials and most small-claims matters, the judge also finds the facts.
• The jury decides disputed questions of fact in jury-eligible civil cases when a timely demand is made and any jury fee is paid.
• Civil jury practice in Louisiana is statute- and amount-sensitive; timely jury bond and demand requirements apply. Many smaller cases are bench trials.

Practical tip: decide before filing whether you want a jury. Late demands are often waived. Small-claims paths (parish/city court small-claims procedures where established) usually trade speed for no jury and limited discovery.

Pleadings: complaint, answer, and motions

Pleadings are the formal papers that frame the lawsuit. In Louisiana the plaintiff's opening paper is typically a petition. It should:

1. Identify the parties and the court (district court (city/parish courts for smaller claims) or the small-claims forum).
2. Allege facts that, if true, entitle you to relief under a recognized claim.
3. Demand judgment (money, injunction, declaratory relief, or other remedies the court can grant).
4. Include a jury demand if you want one and the claim is jury-triable.

The defendant responds with an answer (admissions, denials, affirmative defenses) and/or a motion to dismiss challenging legal sufficiency, jurisdiction, or service. Later motions (compel discovery, summary judgment, limine) are usually not “pleadings” in the technical sense, but they drive most civil cases.

Louisiana pleadings opinions

Coleman v. Sheraton Pierremont

Coleman v. Sheraton Pierremont, 1994 La. App. LEXIS 35 (1994)

…submitted at or after the hearing on Sheraton Pierremont's motion to dismiss under LSA-R.S. 23:1208. Because the trial court's dismissal of Coleman's claim was equivalent to the improper granting of a motion for summary judgment, we reverse and remand for a trial on the merits. FACTS Shirley Coleman filed a worker's compensation claim against her employer, Sheraton Pierremont,…

Coleman v. Sheraton Pierremont is worth reading on Louisiana pleadings because the court put the point in its own words: "Sheraton Pierremont's motion to dismiss under LSA-R.S. 23:1208. Because the trial court's dismissal of Coleman's claim was equivalent to the improper granting of a motion for summary judgment, we reverse and remand for a trial on the merits." Use that passage as the starting point, then read the facts that precede it.

TWOMEY v. PAPALIA

TWOMEY v. PAPALIA, 142 La. 621 (1916)

On Motion to Dismiss Appeal. O’NIELL, J. Pasquale Papalia died during the pendency of these executory proceedings against Mm. His widow in community was served with the notice to pay, and she enjoined the sale of the property on several grounds. On a rule obtained by the plaintiff in the executory proceedings, the writ of…

TWOMEY v. PAPALIA is worth reading on Louisiana pleadings because the court put the point in its own words: "On Motion to Dismiss Appeal. O’NIELL, J. Pasquale Papalia died during the pendency of these executory proceedings against Mm. His widow in community was served with the notice to pay, and she enjoined the sale of the property on several grounds." Use that passage as the starting point, then read the facts that precede it.

Raymond B. OLIVER v. SHREVEPORT MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD

Raymond B. OLIVER v. SHREVEPORT MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD, 1956 La. App. LEXIS 796 (1956)

…risdiction. Defendants have presented and urged before us a motion to dismiss plaintiff’s devolutive appeal, contending that such appeal represents an effort to appeal from an order dissolving a restraining order, from which no appeal is permitted. *408LSA-R.S. 13:4070. They are in error. The appeal is from a judgment rendered and signed sustaining an exception of no cause or r…

Practitioners open Raymond B. OLIVER v. SHREVEPORT MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD when Louisiana pleadings turns on the distinction in this sentence: "Defendants have presented and urged before us a motion to dismiss plaintiff’s devolutive appeal, contending that such appeal represents an effort to appeal from an order dissolving a restraining order, from which no appeal is permitted. *408LSA-R.S. 13:4070. They are in error." Do not lift it out of the facts the court was deciding.

I.F. v. ADMINISTRATORS OF the TULANE EDUCATION FUND

I.F. v. ADMINISTRATORS OF the TULANE EDUCATION FUND, 72 So. 3d 462 (2011)

…heduled for 5 January 2011. In the meantime, Tulane filed a motion to dismiss the petition based on the record, which included the transcript from the Joint Hearing Board hearing and various documents that were introduced therein. I.F. opposed the motion. On 5 January 2010, prior to the scheduled evidentiary hearing, the trial court heard oral argument on Tulane’s motion to dis…

I.F. v. ADMINISTRATORS OF the TULANE EDUCATION FUND is worth reading on Louisiana pleadings because the court put the point in its own words: "January 2011. In the meantime, Tulane filed a motion to dismiss the petition based on the record, which included the transcript from the Joint Hearing Board hearing and various documents that were introduced therein. I.F. opposed the motion." Use that passage as the starting point, then read the facts that precede it.

MERRETT v. SHREVEPORT MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD

MERRETT v. SHREVEPORT MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD, 1954 La. App. LEXIS 717 (1954)

…l of said plaintiffs.” We first direct our attention to the motion to dismiss the appeal which avers the investigation contemplates removal of each of appellees from the office held by him and the emoluments derived from such office are in excess of $2,000. Affidavits support the averments of the motion. The motion cannot be sustained for the offices and positions held by appel…

MERRETT v. SHREVEPORT MUNICIPAL FIRE AND POLICE CIVIL SERVICE BOARD is worth reading on Louisiana pleadings because the court put the point in its own words: "We first direct our attention to the motion to dismiss the appeal which avers the investigation contemplates removal of each of appellees from the office held by him and the emoluments derived from such office are in excess of $2,000. Affidavits support the averments of the motion." Use that passage as the starting point, then read the facts that precede it.

Karen ARNOUVILLE, Chris Arnouville, and Felicia Ray v. Annie H. CROWE and Shelter Mutual Insurance

Karen ARNOUVILLE, Chris Arnouville, and Felicia Ray v. Annie H. CROWE and Shelter Mutual Insurance, 203 So. 3d 479 (2016)

…over the case. Attached to the memorandum in support of the motion to dismiss was Ms. Crowe’s affidavit confirming that she was a Louisiana resident when suit was filed.2 |gOn October 13, 2011, the federal district court denied the motion, concluding as follows: Before the Court is a motion to dismiss filed by defendant, Annie H. Crowe (a/k/a Annie Aureilia Stevenson, “Crowe”),…

Practitioners open Karen ARNOUVILLE, Chris Arnouville, and Felicia Ray v. Annie H. CROWE and Shelter Mutual Insurance when Louisiana pleadings turns on the distinction in this sentence: "Attached to the memorandum in support of the motion to dismiss was Ms. Crowe’s affidavit confirming that she was a Louisiana resident when suit was filed." Do not lift it out of the facts the court was deciding.

Aguilar v. TRANSIT MANAGEMENT OF SE LA.

Aguilar v. TRANSIT MANAGEMENT OF SE LA., 900 So. 2d 65 (2005)

…1] On April 7, 2003 State Farm was granted leave to file an amended answer in defense to its liability asserting that the accident *68 was caused by the combined negligence of Hall and Obando (naming Obando for the first time). State Farm also asserted Aguilar's comparative negligence as a defense to its liability. On April 9, 2003, Aguilar filed a First Supplemental and Amendi…

On pleadings, Aguilar v. TRANSIT MANAGEMENT OF SE LA. speaks to the Louisiana dispute in this passage: "On April 7, 2003 State Farm was granted leave to file an amended answer in defense to its liability asserting that the accident *68 was caused by the combined negligence of Hall and Obando (naming Obando for the first time)." The surrounding opinion shows how the court applied that language to the record.

GULF COAST MINERAL, LLC v. Robert GROTHAUS

GULF COAST MINERAL, LLC v. Robert GROTHAUS, 26 So. 3d 909 (2009)

…ral, LLC (Gulf Coast), appeals the trial court’s grant of a Motion to Dismiss filed on behalf of Defendant, Robert Grothaus. For the following reasons, we reverse and remand. FACTS On December 18, 2008, Gulf Coast filed a Possessory Action against Mr. Grothaus, a domiciliary of the state of Illinois. Therein, Gulf Coast alleged the following: 4. Gulf Coast possesses] for itself…

On pleadings, GULF COAST MINERAL, LLC v. Robert GROTHAUS speaks to the Louisiana dispute in this passage: "LLC (Gulf Coast), appeals the trial court’s grant of a Motion to Dismiss filed on behalf of Defendant, Robert Grothaus. For the following reasons, we reverse and remand. FACTS On December 18, 2008, Gulf Coast filed a Possessory Action against Mr." The surrounding opinion shows how the court applied that language to the record.

How to file and serve in Louisiana

Filing

1. Choose the correct forum: district court (city/parish courts for smaller claims) for larger or complex civil cases; parish/city court small-claims procedures where established when your claim fits varies by parish court jurisdiction.
2. Prepare the petition (and any required cover sheet, civil case information statement, or summons).
3. Pay the filing fee or apply for a fee waiver / indigency finding as Louisiana practice allows.
4. Obtain a signed summons (or local equivalent) from the clerk after the case is opened.

Governing procedure: Louisiana Code of Civil Procedure.

Service of process

Filing alone does not start the clock against the defendant in a meaningful way — service does. Authority: La. Code Civ. Proc. arts. 1201 et seq..

Louisiana uses a petition and citation model. The sheriff typically serves citation and petition; private process servers may be authorized. File the sheriff’s return.

Defective service is one of the most common reasons pro se cases are dismissed without prejudice (or worse, delayed until limitations problems appear). Keep copies of every affidavit or return.

Louisiana service opinions

Katherine G. BOUDREAUX v. Carl K. WELCH Et Al.

Katherine G. BOUDREAUX v. Carl K. WELCH Et Al., 249 La. 983 (1966)

…, Mississippi against me for a divorce, do hereby waive the service of process on me and do enter my appearance in said cause and consent that the same may be tried at the September, 1950 term of said court or at any succeeding term thereof.” This document was filed in the divorce proceedings, and, on September 22, 1950, a final decree of divorce was rendered by the Chancery Co…

On service of process, Katherine G. BOUDREAUX v. Carl K. WELCH Et Al. speaks to the Louisiana dispute in this passage: "Mississippi against me for a divorce, do hereby waive the service of process on me and do enter my appearance in said cause and consent that the same may be tried at the September, 1950 term of said court or at any succeeding term thereof." The surrounding opinion shows how the court applied that language to the record.

Gillan v. Jones

Gillan v. Jones, 157 So. 2d 598 (1964)

…As to whether a party litigant may claim the exemption from service of process while in attendance upon the trial of his case is a question which has resulted in a conflict among the authorities. According, however, to the weight of authority, non-resident suitors are privileged from service of civil process while going to, attending, or returning from, court to the same extent…

Louisiana opinions such as Gillan v. Jones are cited where service of process is disputed. The court stated: "As to whether a party litigant may claim the exemption from service of process while in attendance upon the trial of his case is a question which has resulted in a conflict among the authorities." That is the language to brief; the rest of the decision supplies the procedural posture.

Rice v. Kliebert

Rice v. Kliebert, 330 So. 2d 374 (1976)

…ck of jurisdiction over the person of defendant and lack of service of process and dismissed plaintiff's suit. Plaintiff appeals. We reverse and remand. Plaintiff argues that the issues raised by defendant's exceptions address themselves to the merits of the Louisiana suit for recognition of the foreign judgment and that the trial court acted improperly in dismissing this case…

Louisiana opinions such as Rice v. Kliebert are cited where service of process is disputed. The court stated: "ck of jurisdiction over the person of defendant and lack of service of process and dismissed plaintiff's suit. Plaintiff appeals. We reverse and remand. Plaintiff argues that the issues raised by defendant's exceptions address themselves to the merits of the Louisiana suit for re" That is the language to brief; the rest of the decision supplies the procedural posture.

Fred CONKLING v. LOUISIANA POWER & LIGHT COMPANY

Fred CONKLING v. LOUISIANA POWER & LIGHT COMPANY, 1964 La. App. LEXIS 1844 (1964)

…hear the case for lack of diversity of citizenship; and (2) Service of process was not made on Defendant in the federal court suit until the lapse of more than one year from the date of the accident. With no dispute as to the facts, the question is one of law only. Prior to 1932, interruption of prescription on a cause of action could only take place by service of process on th…

Fred CONKLING v. LOUISIANA POWER & LIGHT COMPANY is worth reading on Louisiana service of process because the court put the point in its own words: "Service of process was not made on Defendant in the federal court suit until the lapse of more than one year from the date of the accident. With no dispute as to the facts, the question is one of law only." Use that passage as the starting point, then read the facts that precede it.

Sansone v. Louisiana Power & Light Co.

Sansone v. Louisiana Power & Light Co., 164 So. 2d 151 (1964)

…ion of prescription by the filing of suit as well as actual service of process, declares: "§ 5801. Interruption of prescription by filing of suit, service or process "All prescriptions affecting the cause of action therein sued upon are interrupted as to all defendants, including minors or interdicts, by the commencement of a civil action in a court of competent jurisdiction an…

Louisiana opinions such as Sansone v. Louisiana Power & Light Co. are cited where service of process is disputed. The court stated: "ion of prescription by the filing of suit as well as actual service of process, declares: '§ 5801. Interruption of prescription by filing of suit, service or process 'All prescriptions affecting the cause of action therein sued upon are interrupted as to all defendants, including" That is the language to brief; the rest of the decision supplies the procedural posture.

Woods v. STATE, DEPT. OF HEALTH AND HOSPITALS

Woods v. STATE, DEPT. OF HEALTH AND HOSPITALS, 992 So. 2d 1050 (2008)

…at a waiver of summons in the federal suit is tantamount to service of process, thereby interrupting prescription. Louisiana Code of Civil Procedure article 1201(A) provides in pertinent part, "[c]itation and service thereof are essential in all civil actions." However, Section B of Article 1201 expressly permits a defendant to "waive citation and service thereof by any written…

Woods v. STATE, DEPT. OF HEALTH AND HOSPITALS is worth reading on Louisiana service of process because the court put the point in its own words: "Louisiana Code of Civil Procedure article 1201(A) provides in pertinent part, '[c]itation and service thereof are essential in all civil actions." Use that passage as the starting point, then read the facts that precede it.

Francis v. Texas & Pacific Railway Emp. Hosp. Ass'n

Francis v. Texas & Pacific Railway Emp. Hosp. Ass'n, 148 So. 2d 118 (1962)

…proceeding. This jurisdiction must be based upon: "(1) The service of process on the defendant, or on his agent for the service of process." In this case there was no service of process on the defendant. The only service was on the Secretary of State of Louisiana, who mailed the papers to defendant's office in Texas. Defendant argues that there is no special statute which perm…

On service of process, Francis v. Texas & Pacific Railway Emp. Hosp. Ass'n speaks to the Louisiana dispute in this passage: "This jurisdiction must be based upon: '(1) The service of process on the defendant, or on his agent for the service of process.' In this case there was no service of process on the defendant." The surrounding opinion shows how the court applied that language to the record.

William ABROMS v. R. Richard DAVIS, Jr.

William ABROMS v. R. Richard DAVIS, Jr., 1967 La. App. LEXIS 5128 (1967)

…y exceptions of insufficiency of citation, insufficiency of service of process and lack of jurisdiction rationae personae because of the general appearance made by it through its agents, Diaz and Smith. From a judgment declaring the nullity of the judgment against the garnishee, the plaintiff has prosecuted this appeal. The record discloses that R. Richard Davis, Jr., is indebt…

William ABROMS v. R. Richard DAVIS, Jr. is worth reading on Louisiana service of process because the court put the point in its own words: "Diaz and Smith. From a judgment declaring the nullity of the judgment against the garnishee, the plaintiff has prosecuted this appeal. The record discloses that R. Richard Davis, Jr." Use that passage as the starting point, then read the facts that precede it.

Registering for e-filing

Louisiana's primary electronic filing path is Louisiana eFiling / Odyssey (parish-dependent).

How to register: Register with the e-filing system used by your parish clerk of court, verify identity, and pay filing fees or seek in forma pauperis status.

Pro se reality check: E-filing mandates vary by parish. Self-represented litigants should ask the clerk whether paper filing is still accepted for their case type.

When you e-file:

• Use PDF/A or the portal's accepted formats; flatten forms before upload.
• Check that party names match the caption exactly.
• Calendar the clerk's acceptance email — a rejected filing is often treated as unfiled.
• Serve other parties under the rules (e-service through the portal may not replace initial service of process).

Discovery

After pleadings, parties exchange information. In Louisiana:

La. Code Civ. Proc. arts. 1420 et seq. govern discovery. Pretrial discovery orders are common in district court.

Typical tools:

• Interrogatories — written questions answered under oath.
• Requests for production — documents, ESI, and tangible things.
• Requests for admission — force yes/no authenticity or fact stipulations.
• Depositions — live testimony under oath (expensive; plan carefully if you are self-represented).

If the other side stonewalls, a motion to compel and, later, sanctions motions are the enforcement path. Courts expect meet-and-confer first in most jurisdictions.

Louisiana discovery opinions

Theodore J. PHILLIPS v. Craig GIBBS and Steve Halbert

Theodore J. PHILLIPS v. Craig GIBBS and Steve Halbert, 39 So. 3d 795 (2010)

…in the investigation. Mr. Phillips filed a motion to compel discovery in connection with the interrogatories, requests for production of documents, and admissions that were attached to the petition. Mr. Gibbs filed an exception of no cause of action, asserting that he was not hired by plaintiff as an investigator and was not Mr. Halbert’s employer or employee. Both matters were…

Louisiana opinions such as Theodore J. PHILLIPS v. Craig GIBBS and Steve Halbert are cited where discovery is disputed. The court stated: "Mr. Phillips filed a motion to compel discovery in connection with the interrogatories, requests for production of documents, and admissions that were attached to the petition. Mr." That is the language to brief; the rest of the decision supplies the procedural posture.

LeJeune v. Lafayette Tower Service

LeJeune v. Lafayette Tower Service, 653 So. 2d 112 (1995)

…S, JJ. WOODARD, Judge. This appeal arises from a motion for discovery filed in an action for workers' compensation benefits. FACTS Plaintiff, Roderick LeJeune, was injured on June 25, 1991 while working for defendant, Lafayette Tower Service (Lafayette). After instituting the present workers' compensation action against Lafayette, Mr. Le-Jeune submitted Interrogatories and a Re…

Louisiana opinions such as LeJeune v. Lafayette Tower Service are cited where discovery is disputed. The court stated: "S, JJ. WOODARD, Judge. This appeal arises from a motion for discovery filed in an action for workers' compensation benefits. FACTS Plaintiff, Roderick LeJeune, was injured on June 25, 1991 while working for defendant, Lafayette Tower Service (Lafayette)." That is the language to brief; the rest of the decision supplies the procedural posture.

Helm v. Mervyn's Dept. Store

Helm v. Mervyn's Dept. Store, 699 So. 2d 129 (1997)

…cember 19, 1995. On that same date, defense counsel filed a discovery certificate certifying that prior to filing the motion to compel, she attempted to contact plaintiff's attorney by telephone and wrote to him in an attempt to amicably resolve the issue of the outstanding discovery motions, but plaintiff's attorney failed to return the telephone calls or respond to the corres…

Practitioners open Helm v. Mervyn's Dept. Store when Louisiana discovery turns on the distinction in this sentence: "cember 19, 1995. On that same date, defense counsel filed a discovery certificate certifying that prior to filing the motion to compel, she attempted to contact plaintiff's attorney by telephone and wrote to him in an attempt to amicably resolve the issue of the outstanding disco" Do not lift it out of the facts the court was deciding.

Newton & Associates, Inc. v. Sheridan

Newton & Associates, Inc. v. Sheridan, 775 So. 2d 1144 (2000)

…st for a preliminary injunction was granted on May 7, 1997. Discovery commenced after the granting of the preliminary injunction. Newton filed motions to compel on August 1, 1997, February 17, 1998, and on May 22, 1998. Sheridan and Due Diligence also filed a motion to compel on January 30, 1998. The August 1, 1997 motion to compel was granted in part and denied in part on Augu…

Practitioners open Newton & Associates, Inc. v. Sheridan when Louisiana discovery turns on the distinction in this sentence: "May 7, 1997. Discovery commenced after the granting of the preliminary injunction. Newton filed motions to compel on August 1, 1997, February 17, 1998, and on May 22, 1998. Sheridan and Due Diligence also filed a motion to compel on January 30, 1998." Do not lift it out of the facts the court was deciding.

James H. MURUNGI v. TOURO INFIRMARY, Lee B. Hankins, and Raquel S. Margulis

James H. MURUNGI v. TOURO INFIRMARY, Lee B. Hankins, and Raquel S. Margulis, 110 So. 3d 1250 (2013)

…sserted that plaintiff neither answered nor objected to the discovery requests within the delays allowed by law and did not ask for an extension of time to respond. On June 13, 2011, the trial court granted Touro’s motion to compel, and ordered plaintiff to provide responses to Touro’s discovery requests by July 5, 2011. On August 9, 2011, Touro filed a second motion to compel…

Practitioners open James H. MURUNGI v. TOURO INFIRMARY, Lee B. Hankins, and Raquel S. Margulis when Louisiana discovery turns on the distinction in this sentence: "On June 13, 2011, the trial court granted Touro’s motion to compel, and ordered plaintiff to provide responses to Touro’s discovery requests by July 5, 2011." Do not lift it out of the facts the court was deciding.

Mary Lu Doucet HARDEE v. CITY OF JENNINGS

Mary Lu Doucet HARDEE v. CITY OF JENNINGS, 65 So. 3d 266 (2011)

…a judgment rendered in conjunction with a motion to compel discovery filed by the defendant, the City of Jennings (the City), ordering the plaintiff, Mary Lu Doucet Hardee (Hardee), to pay the City $750.00 in attorney fees. Hardee appeals, arguing that the workers’ compensation judge (WCJ) erred in awarding attorney fees as part of its grant of the motion to compel. The City a…

On discovery, Mary Lu Doucet HARDEE v. CITY OF JENNINGS speaks to the Louisiana dispute in this passage: "City of Jennings (the City), ordering the plaintiff, Mary Lu Doucet Hardee (Hardee), to pay the City $750.00 in attorney fees. Hardee appeals, arguing that the workers’ compensation judge (WCJ) erred in awarding attorney fees as part of its grant of the motion to compel." The surrounding opinion shows how the court applied that language to the record.

George A. GORVINE v. The TRAVELERS INSURANCE COMPANIES

George A. GORVINE v. The TRAVELERS INSURANCE COMPANIES, 724 So. 2d 248 (1998)

…case and in the Original Action, George A. Gorvine, served discovery requests upon defendant Tim Norton through Mr. feNorton’s counsel of record, Terry Freiberger. Mr. Gorvine brought a motion to compel responses to discovery. Neither Mr. Norton nor his counsel made an appearance at the hearing on that motion to compel and the motion was granted. Later, Mr. Gorvine brought a s…

Louisiana opinions such as George A. GORVINE v. The TRAVELERS INSURANCE COMPANIES are cited where discovery is disputed. The court stated: "Original Action, George A. Gorvine, served discovery requests upon defendant Tim Norton through Mr. feNorton’s counsel of record, Terry Freiberger. Mr. Gorvine brought a motion to compel responses to discovery. Neither Mr." That is the language to brief; the rest of the decision supplies the procedural posture.

Christopher J. BOURGEOIS v. Dana A. Benintende BOURGEOIS

Christopher J. BOURGEOIS v. Dana A. Benintende BOURGEOIS, 135 So. 3d 1 (2013)

…urgeois contended that Mr. Bourgeois did not respond to the discovery requests until the afternoon of February 28, 2012, and that the discovery responses “were wholly insufficient.” Ms. Bourgeois continued: [Mr. Bourgeois’] responses included claims that documents had already been produced, which in fact had not been produced, and promises were made to supplement the discovery,…

Christopher J. BOURGEOIS v. Dana A. Benintende BOURGEOIS is worth reading on Louisiana discovery because the court put the point in its own words: "Mr. Bourgeois did not respond to the discovery requests until the afternoon of February 28, 2012, and that the discovery responses “were wholly insufficient.” Ms. Bourgeois continued: [Mr." Use that passage as the starting point, then read the facts that precede it.

Rules of evidence (short tour)

Trials and many motion hearings are decided on admissible evidence, not on what you know happened. Louisiana applies the Louisiana Code of Evidence. Core ideas:

• Relevance — does the proof make a fact of consequence more or less probable?
• Authenticity — is the exhibit what you claim it is?
• Hearsay — is an out-of-court statement offered for its truth, and if so, does an exception apply?
• Privileges — attorney-client, spousal, and other privileges can block inquiry even when the facts are relevant.

For a full Louisiana walkthrough of hearsay, business records, authenticity, and depositions at trial, read the companion guide: Louisiana Evidence Law: Admissibility, Hearsay, and Authenticity.

Summary judgment and other dispositive motions

Many civil cases never reach a jury. A party may move for summary judgment by showing there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Pro se litigants lose these motions when they respond with argument instead of affidavits, authenticated exhibits, and pinpoint record citations.

Louisiana summary-judgment opinions

Independent Fire Ins. Co. v. Sunbeam Corp.

Independent Fire Ins. Co. v. Sunbeam Corp., 755 So. 2d 226 (2000)

…or depositions, by the trial judge in deciding a motion for summary judgment. After reviewing the record and the applicable law, we reverse the decision of the court of appeal and hold that, assuming the expert opinion evidence would be admissible at trial, the trial court must consider the evidence at the summary judgment stage. Further, we also reverse the judgment of the tri…

Practitioners open Independent Fire Ins. Co. v. Sunbeam Corp. when Louisiana summary judgment turns on the distinction in this sentence: "After reviewing the record and the applicable law, we reverse the decision of the court of appeal and hold that, assuming the expert opinion evidence would be admissible at trial, the trial court must consider the evidence at the summary judgment stage." Do not lift it out of the facts the court was deciding.

Samaha v. Rau

Samaha v. Rau, 977 So. 2d 880 (2008)

…eal erred in reversing the district court's ruling granting summary judgment in favor of the defendant doctor. For the reasons that follow, we reverse the judgment of the court of appeal and reinstate the district court's judgment, granting the defendant's motion for summary judgment and dismissing the plaintiffs' claims. FACTS and PROCEDURAL HISTORY In October of 1998, Mrs. Ka…

Louisiana opinions such as Samaha v. Rau are cited where summary judgment is disputed. The court stated: "For the reasons that follow, we reverse the judgment of the court of appeal and reinstate the district court's judgment, granting the defendant's motion for summary judgment and dismissing the plaintiffs' claims. FACTS and PROCEDURAL HISTORY In October of 1998, Mrs." That is the language to brief; the rest of the decision supplies the procedural posture.

Hines v. Garrett

Hines v. Garrett, 876 So. 2d 764 (2004)

…004. *765 PER CURIAM. We review a district court's grant of summary judgment de novo, viewing the record and all reasonable inferences that may be drawn from it in the light most favorable to the non-movant. Summary judgment is warranted only if "there is no genuine issue as to material fact and [ ] the mover is entitled to judgment as a matter of law." La.Code Civ. Proc. art.…

Louisiana opinions such as Hines v. Garrett are cited where summary judgment is disputed. The court stated: "PER CURIAM. We review a district court's grant of summary judgment de novo, viewing the record and all reasonable inferences that may be drawn from it in the light most favorable to the non-movant." That is the language to brief; the rest of the decision supplies the procedural posture.

Hayes v. Autin

Hayes v. Autin, 685 So. 2d 691 (1996)

…e correctness of the trial court's granting of a motion for summary judgment in favor of defendant, Dr. David Autin. FACTS Donald Hayes saw Dr. David Autin, a board certified urologist in Lafayette, for the purpose of obtaining a "no scalpel" vasectomy. A "no scalpel" vasectomy differs from a conventional vasectomy in the way the doctor accesses the vas. In a conventional vasec…

On summary judgment, Hayes v. Autin speaks to the Louisiana dispute in this passage: "Dr. David Autin. FACTS Donald Hayes saw Dr. David Autin, a board certified urologist in Lafayette, for the purpose of obtaining a 'no scalpel' vasectomy. A 'no scalpel' vasectomy differs from a conventional vasectomy in the way the doctor accesses the vas." The surrounding opinion shows how the court applied that language to the record.

Vermilion Corp. v. Vaughn

Vermilion Corp. v. Vaughn, 397 So. 2d 490 (1981)

…ere was no genuine issue as to a material fact and affirmed summary judgment enjoining defendants' use of man-made navigable canals traversing private lands. We reverse the court of appeal judgment. The pleadings, depositions and affidavits on file show that there is a genuine issue as to a material fact, viz., whether the plaintiff's system of artificial waterways destroyed th…

On summary judgment, Vermilion Corp. v. Vaughn speaks to the Louisiana dispute in this passage: "We reverse the court of appeal judgment. The pleadings, depositions and affidavits on file show that there is a genuine issue as to a material fact, viz." The surrounding opinion shows how the court applied that language to the record.

Cates v. Beauregard Electric Cooperative, Inc.

Cates v. Beauregard Electric Cooperative, Inc., 328 So. 2d 367 (1976)

…med, have been dismissed and are not before us. Motions for summary judgment were filed by the electric company and the landowner. At first the motions for summary judgment were denied, but, on application for rehearing, the district judge decided that there were no material issues of fact, and gave judgment for the defendants, rejecting the plaintiff's claim. On appeal, the tr…

Practitioners open Cates v. Beauregard Electric Cooperative, Inc. when Louisiana summary judgment turns on the distinction in this sentence: "Motions for summary judgment were filed by the electric company and the landowner." Do not lift it out of the facts the court was deciding.

Wright v. Louisiana Power & Light

Wright v. Louisiana Power & Light, 951 So. 2d 1058 (2007)

…ions of no cause of action and prescription, and motion for summary judgment in favor of defendant. After reviewing the record and applicable law, we find that court erred in reversing the trial court's ruling granting the motion for summary judgment and reinstate the trial court's ruling. FACTS AND PROCEDURAL HISTORY On the afternoon of October 16, 1988, Ned Wright drove his 1…

Practitioners open Wright v. Louisiana Power & Light when Louisiana summary judgment turns on the distinction in this sentence: "After reviewing the record and applicable law, we find that court erred in reversing the trial court's ruling granting the motion for summary judgment and reinstate the trial court's ruling." Do not lift it out of the facts the court was deciding.

Hutchinson v. KNIGHTS OF COLUMBUS, NO. 5747

Hutchinson v. KNIGHTS OF COLUMBUS, NO. 5747, 866 So. 2d 228 (2004)

…and fall at a festival, the court of appeal's reversal of a summary judgment was contrary to statutory provisions and established jurisprudence. After review, we conclude the court of appeal did not err. FACTS AND PROCEDURAL BACKGROUND During March of 1998, David M. and Earline Hutchinson visited the Crawfish Festival in Chalmette, Louisiana. They entered the festival grounds b…

Practitioners open Hutchinson v. KNIGHTS OF COLUMBUS, NO. 5747 when Louisiana summary judgment turns on the distinction in this sentence: "After review, we conclude the court of appeal did not err. FACTS AND PROCEDURAL BACKGROUND During March of 1998, David M. and Earline Hutchinson visited the Crawfish Festival in Chalmette, Louisiana." Do not lift it out of the facts the court was deciding.

How LawDiver can help

LawDiver is built for researching the same authorities a courtroom expects — not for inventing cites.

1. LawDiver search — From this guide page, the search rail is scoped to Louisiana. Search phrases like pro se, service of process, motion to compel, or your statute number.
2. Corpus-linked opinions — Every case block above links to a /casedisplay opinion id that exists in LawDiver's caselaw corpus. Do not paste outside citations into filings unless you have verified them.
3. Statutes — Where Louisiana codes are mirrored, open the linked statute sections from this article and read the live text before quoting.
4. GoodLaw / citator workflow — Before you rely on an older opinion, check how later Louisiana cases treat it.
5. Evidence companion — Use the Louisiana evidence guide when you are preparing exhibits or opposing a motion in limine.
6. AI research with grounding — Prefer tools that require retrieval from your matter and the LawDiver corpus over chatbots that invent case names.

LawDiver does not file documents for you, give legal advice, or replace a lawyer when the stakes, opposing counsel, or entity-representation rules require one.

Louisiana case law highlights

Use the topic sections above for pro se practice, pleadings, service, discovery, and summary judgment. Re-run LawDiver searches before hearings — new published opinions appear continuously.

Checklist before you file in Louisiana

1. Confirm you (not an entity) may appear pro se for this claim.
2. Pick parish/city court small-claims procedures where established vs district court (city/parish courts for smaller claims) based on amount and remedy.
3. Draft a petition that states facts and a legal theory.
4. Register on Louisiana eFiling / Odyssey (parish-dependent) (or confirm paper filing is allowed).
5. Arrange proper service under La. Code Civ. Proc. arts. 1201 et seq..
6. Calendar answer deadlines, discovery cutoffs, and any jury-demand deadline.
7. Research controlling Louisiana cases and the Louisiana Code of Evidence on LawDiver.
8. Consider limited-scope or full representation if the other side has counsel or the claim exceeds small-claims complexity.

Frequently asked questions

How do I file a lawsuit without a lawyer in Louisiana?

Prepare a petition, file it in the correct Louisiana court (district court (city/parish courts for smaller claims) or parish/city court small-claims procedures where established), pay or waive the fee, obtain a summons, and complete service under La. Code Civ. Proc. arts. 1201 et seq.. Register for Louisiana eFiling / Odyssey (parish-dependent) when e-filing is required or available.

What is the difference between a statute and a court rule?

A statute creates substantive rights and duties. A court rule (such as Louisiana Code of Civil Procedure) controls procedure — captions, service, discovery, and trial mechanics. You usually need both.

Do I need to register for e-filing?

E-filing mandates vary by parish. Self-represented litigants should ask the clerk whether paper filing is still accepted for their case type. Registration steps: Register with the e-filing system used by your parish clerk of court, verify identity, and pay filing fees or seek in forma pauperis status.

Will I get a jury?

Civil jury practice in Louisiana is statute- and amount-sensitive; timely jury bond and demand requirements apply. Many smaller cases are bench trials.

What happens in discovery?

La. Code Civ. Proc. arts. 1420 et seq. govern discovery. Pretrial discovery orders are common in district court.

How does LawDiver help a pro se litigant?

It lets you search and read Louisiana opinions and statutes that actually exist in the LawDiver corpus, with links you can verify — reducing the risk of hallucinated citations — while you still remain responsible for filing, service, and courtroom advocacy.

Disclaimer

LawDiver publishes this guide for public legal-information and SEO education purposes. It is not a substitute for advice from a licensed Louisiana attorney. Court rules, e-filing vendors, fee schedules, and jurisdictional limits change. Verify every citation and deadline against official Louisiana sources and the live LawDiver corpus before relying on them in a filing.