Louisiana Revised Statutes 9:5801 – Involuntary dismissal; failure to timely request service of citation
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Terms Used In Louisiana Revised Statutes 9:5801
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
Notwithstanding the provisions of Civil Code Article 2324(C), interruption is considered never to have occurred as to a person named as a defendant who is dismissed from a suit because service of citation was not timely requested and the court finds that the failure to timely request service of citation was due to bad faith. Nonetheless, as to any other defendants or obligors, an interruption of prescription, as provided in Civil Code Article 3463, shall continue.
Acts 1997, No. 518, §3, eff. Jan. 1, 1998.