Louisiana Code of Civil Procedure 5093 – Oath not required; waiver of citation and acceptance of service
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Terms Used In Louisiana Code of Civil Procedure 5093
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Oath: A promise to tell the truth.
- Service of process: The service of writs or summonses to the appropriate party.
An attorney at law appointed by the court to represent an unrepresented party need not take an oath before entering on the performance of his duties, as his oath of office as an attorney applies to all of his professional duties.
An attorney appointed to represent a defendant may waive citation and accept service of process, but may not waive any defense. No further action may be taken by the court after service or acceptance thereof until after the expiration of the delay allowed the defendant to answer, even though the appointed attorney may have filed an exception or answer prior thereto.