reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Civil Procedure › Art. 855. Pleading special matters; capacity

Art. 855. Pleading special matters; capacity
Except as otherwise provided by law, it is not necessary to allege the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a legal entity or an organized association of persons made a party. Such procedural capacity shall be presumed, unless challenged by the dilatory exception.
Acts 2018, No. 195, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 855.1. Pleadings for unconstitutionality of state law

Art. 855.1. Pleadings for unconstitutionality of state law
All civil actions alleging that a law is unconstitutional shall be in writing and be brought in an ordinary proceeding. The pleading shall be served upon the attorney general of the state in accordance with Article 1314. Upon proper service, the attorney general shall have thirty days to respond to the allegations or represent or supervise the interests of the state.
Acts 2024, 2nd Ex. Sess., No. 12, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 862. Relief granted under pleadings; sufficiency of prayer

Art. 862. Relief granted under pleadings; sufficiency of prayer
Except as provided in Article 1703, a final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings and the latter contain no prayer for general and equitable relief.
2023 Louisiana Laws › Code of Civil Procedure › Art. 891. Form of petition

CHAPTER 2. PETITION
Art. 891. Form of petition
A. The petition shall comply with Articles 853, 854, and 863, and, whenever applicable, with Articles 855 through 861. It shall set forth the name, surname, and domicile of the parties; shall contain a short, clear, and concise statement of all causes of action arising out of, and of the material facts of, the transaction or occurrence that is the subject matter of the litigation; shall designate a physical address, not a post office box, and an email address for receipt of service of all items involving the litigation; and shall conclude with a prayer for judgment for the relief sought. Relief may be prayed for in the alternative.
B. For petitions involving domestic violence brought pursuant to R.S. 46:2131 et seq., R.S. 9:361 et seq., Children's Code Article 1564 et seq., or Code of Civil Procedure Article 3601 et seq., the address and parish of the residence of each petitioner and each person on whose behalf the petition is filed may remain confidential with the court.
Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1991, No. 48, §1; Acts 1997, No. 1156, §2; Acts 2021, No. 68, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Code of Civil Procedure › Art. 893. Pleading of damages

Art. 893. Pleading of damages
A.(1) No specific monetary amount of damages shall be included in the allegations or prayer for relief of any original, amended, or incidental demand. The prayer for relief shall be for such damages as are reasonable in the premises except that if a specific amount of damages is necessary to establish the jurisdiction of the court, the right to a jury trial, the lack of jurisdiction of federal courts due to insufficiency of damages, or for other purposes, a general allegation that the claim exceeds or is less than the requisite amount is required. By interrogatory, an opposing party may seek specification of the amount sought as damages, and the response may thereafter be supplemented as appropriate.
(2) If a petition is filed in violation of this Article, the claim for a specific monetary amount of damages shall be stricken upon the motion of an opposing party, and the court may award attorney fees and costs against the person who signed the petition, the party on whose behalf the petition was filed, or both.
B. The provisions of Paragraph A of this Article shall not be applicable to a suit on a conventional obligation, promissory note, open account, or other negotiable instrument, for alimony or child support, on a tax claim, or in a garnishment proceeding.
C. The prohibitions in Paragraph A of this Article apply only to an original, amended, or incidental demand. Evidence at trial or hearing of a specific monetary amount of damages shall be adduced in accordance with the Louisiana Code of Evidence or other applicable law.
Added by Acts 1988, No. 443, §1, eff. Jan. 1, 1989. Amended by Acts 1989, No. 724, §1, eff. July 8, 1989; Acts 1992, No. 332, §1; Acts 2004, No. 334, §1; Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 923. Functions of exceptions

Art. 923. Functions of exceptions
The function of the declinatory exception is to decline the jurisdiction of the court, while the dilatory exception merely retards the progress of the action, but neither exception tends to defeat the action. The function of the peremptory exception is to have the plaintiff's action declared legally nonexistent, or barred by effect of law, and hence this exception tends to dismiss or defeat the action.
2023 Louisiana Laws › Code of Civil Procedure › Art. 925. Objections raised by declinatory exception; waiver

Art. 925. Objections raised by declinatory exception; waiver
A. The objections that may be raised through the declinatory exception include but are not limited to the following:
(1) Insufficiency of citation.
(2) Insufficiency of service of process, including failure to request service of citation on the defendant within the time prescribed by Article 1201(C), or failure to request service of petition within the time prescribed by Article 3955.
(3) Lis pendens under Article 531.
(4) Improper venue.
(5) The court's lack of jurisdiction over the person of the defendant.
(6) Repealed by Acts 2023, No. 5, §3.
B. When two or more of these objections are pleaded in the declinatory exception, they need not be pleaded in the alternative or in any particular order.
C. All objections that may be raised through the declinatory exception are waived unless pleaded therein.
Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1997, No. 578, §1; Acts 2006, No. 750, §1; Acts 2010, No. 407, §1; Acts 2017, No. 419, §1; Acts 2023, No. 5, §§1, 3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 926. Objections raised by dilatory exception; waiver

Art. 926. Objections raised by dilatory exception; waiver
A. The objections which may be raised through the dilatory exception include but are not limited to the following:
(1) Prematurity.
(2) Want of amicable demand.
(3) Unauthorized use of summary proceeding.
(4) Nonconformity of the petition with any of the requirements of Article 891.
(5) Vagueness or ambiguity of the petition.
(6) Lack of procedural capacity.
(7) Improper cumulation of actions, including improper joinder of parties.
(8) Discussion.
B. All objections which may be raised through the dilatory exception are waived unless pleaded therein.
Acts 1995, No. 662, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 927. Objections raised by peremptory exception

Art. 927. Objections raised by peremptory exception
A. The objections that may be raised through the peremptory exception include but are not limited to the following:
(1) Prescription.
(2) Peremption.
(3) Res judicata.
(4) Nonjoinder of a party under Articles 641 and 642.
(5) No cause of action.
(6) No right of action, or no interest in the plaintiff to institute the suit.
(7) Discharge in bankruptcy.
(8) The court's lack of jurisdiction over the subject matter of the action.
B. Except as otherwise provided by Articles 1702(D), 4904(D), and 4921(C), the court shall not supply the objection of prescription, which shall be specially pleaded. The nonjoinder of a party, peremption, res judicata, discharge in bankruptcy, the failure to disclose a cause of action or a right or interest in the plaintiff to institute the suit, or the court's lack of jurisdiction over the subject matter of the action may be noticed by either the trial or appellate court on its own motion. Once the objection of the lack of subject matter jurisdiction is raised by the parties or noticed by the court on its own motion, the court shall address the objection before ruling on any other matter. If an exception is noticed by the appellate court on its own motion, the exception shall not be adjudicated without assigning the matter for briefing and permitting the parties an opportunity to request oral argument.
Acts 1995, No. 662, §1; Acts 2008, No. 824, §1, eff. Jan. 1, 2009; Acts 2021, No. 259, §2; Acts 2023, No. 5, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 928. Time of pleading exceptions

Art. 928. Time of pleading exceptions
A. The declinatory exception and the dilatory exception shall be pleaded prior to or in the answer and, prior to or along with the filing of any pleading seeking relief other than entry or removal of the name of an attorney as counsel of record, extension of time within which to plead, security for costs, or dissolution of an attachment issued on the ground of the nonresidence of the defendant, and in any event, prior to the signing of a default judgment. When both exceptions are pleaded, they shall be filed at the same time, and may be incorporated in the same pleading. When filed at the same time or in the same pleading, these exceptions need not be pleaded in the alternative or in a particular order.
B. The peremptory exception may be pleaded at any stage of the proceeding in the trial court prior to a submission of the case for a decision and may be filed with the declinatory exception or with the dilatory exception, or both.
Acts 1983, No. 60, §1; Acts 1997, No. 1055, §1; Acts 1999, No. 983, §1, eff. July 1, 2000; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Code of Civil Procedure › Art. 929. Time of trial of exceptions

Art. 929. Time of trial of exceptions
A. The declinatory exception, the dilatory exception, and the peremptory exception when pleaded before or in the answer shall be tried and decided in advance of the trial of the case.
B. If the peremptory exception has been filed after the answer, but at or prior to the trial of the case, it shall be tried and disposed of either in advance of or on the trial of the case. If the peremptory exception has been pleaded after the trial of the case, the court may rule thereon at any time unless the party against whom it has been pleaded desires and is entitled to introduce evidence thereon. In the latter event, the peremptory exception shall be tried specially.
Acts 1987, No. 169, §1; Acts 1997, No. 1055, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 930. Evidence on trial of declinatory and dilatory exceptions

Art. 930. Evidence on trial of declinatory and dilatory exceptions
On the trial of the declinatory exception, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition, the citation, or return thereon.
On the trial of the dilatory exception, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition.
2023 Louisiana Laws › Code of Civil Procedure › Art. 931. Evidence on trial of peremptory exception

Art. 931. Evidence on trial of peremptory exception
On the trial of the peremptory exception pleaded at or prior to the trial of the case, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition.
When the peremptory exception is pleaded in the trial court after the trial of the case, but prior to a submission for a decision, the plaintiff may introduce evidence in opposition thereto, but the defendant may introduce no evidence except to rebut that offered by plaintiff.
No evidence may be introduced at any time to support or controvert the objection that the petition fails to state a cause of action.
2023 Louisiana Laws › Code of Civil Procedure › Art. 932. Effect of sustaining declinatory exception

Art. 932. Effect of sustaining declinatory exception
A. When the grounds of the objections pleaded in the declinatory exception may be removed by amendment of the petition or other action of plaintiff, the judgment sustaining the exception shall order the plaintiff to remove them within the delay allowed by the court; if the court finds, on sustaining the objection that service of citation on the defendant was not requested timely, it may either dismiss the action as to that defendant without prejudice or, on the additional finding that service could not have been timely requested, order that service be effected within a specified time.
B. If the grounds of the objection cannot be so removed, or if the plaintiff fails to comply with an order requiring such removal, the action, claim, demand, issue, or theory subject to the exception shall be dismissed; except that if an action has been brought in a court of improper jurisdiction or venue, the court may transfer the action to a proper court in the interest of justice.
Acts 2003, No. 545, §1; Acts 2006, No. 750, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 933. Effect of sustaining dilatory exception

Art. 933. Effect of sustaining dilatory exception
A. If the dilatory exception pleading want of amicable demand is sustained, the judgment shall impose all court costs upon the plaintiff. If the dilatory exception pleading prematurity is sustained, the premature action, claim, demand, issue or theory shall be dismissed.
B. When the grounds of the other objections pleaded in the dilatory exception may be removed by amendment of the petition or other action by plaintiff, the judgment sustaining the exception shall order plaintiff to remove them within the delay allowed by the court; and the action, claim, demand, issue or theory subject to the exception shall be dismissed only for a noncompliance with this order.
Acts 2003, No. 545, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 934. Effect of sustaining peremptory exception

Art. 934. Effect of sustaining peremptory exception
When the grounds of the objection pleaded by the peremptory exception may be removed by amendment of the petition, the judgment sustaining the exception shall order such amendment within the delay allowed by the court. If the grounds of the objection raised through the exception cannot be so removed, or if the plaintiff fails to comply with the order to amend, the action, claim, demand, issue, or theory shall be dismissed.
Acts 2003, No. 545, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 963. Ex parte, contradictory, and unopposed motions; rule to show cause

Art. 963. Ex parte, contradictory, and unopposed motions; rule to show cause
A. If the order applied for by written motion is one to which the mover is clearly entitled without supporting proof, the court may grant the order ex parte and without hearing the adverse party.
B. If the order applied for by written motion is one to which the mover is not clearly entitled, or which requires supporting proof, the motion shall be served on and tried contradictorily with the adverse party.
C. The rule to show cause is a contradictory motion.
D. An unopposed motion is one to which all affected parties have consented prior to the filing of the motion. The mover shall certify in the motion that the mover has obtained the consent of all affected parties both to the motion and to the accompanying order that is presented to the court. Failure to certify that all affected parties have consented requires the motion to be set for contradictory hearing.
Acts 2023, No. 5, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 965. Motion for judgment on pleadings

Art. 965. Motion for judgment on pleadings
Any party may move for judgment on the pleadings after the answer is filed, or if an incidental demand has been instituted after the answer thereto has been filed, but within such time as not to delay the trial. For the purposes of this motion, all allegations of fact in mover's pleadings not denied by the adverse party or by effect of law, and all allegations of fact in the adverse party's pleadings shall be considered true.
2023 Louisiana Laws › Code of Civil Procedure › Art. 967. Same; affidavits

Art. 967. Same; affidavits
A. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. The supporting and opposing affidavits of experts may set forth such experts' opinions on the facts as would be admissible in evidence under Louisiana Code of Evidence Article 702, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or by further affidavits.
B. When a motion for summary judgment is made and supported as provided above, an adverse party may not rest on the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided above, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be rendered against him.
C. If it appears from the affidavits of a party opposing the motion that for reasons stated he cannot present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
D. If it appears to the satisfaction of the court at any time that any of the affidavits presented pursuant to this Article are presented in bad faith or solely for the purposes of delay, the court immediately shall order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney fees. Any offending party or attorney may be adjudged guilty of contempt.
Amended by Acts 1966, No. 36, §1; Acts 2003, No. 545, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 968. Effect of judgment on pleadings and summary judgment

Art. 968. Effect of judgment on pleadings and summary judgment
Judgments on the pleadings, and summary judgments, are final judgments and shall be rendered and signed in the same manner and with the same effect as if a trial had been had upon evidence regularly adduced. If the judgment does not grant mover all of the relief prayed for, jurisdiction shall be retained in order to adjudicate on mover's right to the relief not granted on motion.
An appeal does not lie from the court's refusal to render any judgment on the pleading or summary judgment.
2023 Louisiana Laws › Code of Civil Procedure › Art. 969. Judgment on pleadings and summary judgment not permitted in certain cases; exception

Art. 969. Judgment on pleadings and summary judgment not permitted in certain cases; exception
A. Judgments on the pleadings and summary judgments shall not be granted in any action for divorce or annulment of marriage, nor in any case where the community, paraphernal, or dotal rights may be involved in an action between husband and wife.
B.(1) Notwithstanding the provisions of Paragraph A, judgments on the pleadings and summary judgments may be granted without hearing in any action for divorce under Civil Code Article 103(1) under the following conditions:
(a) All parties are represented by counsel;
(b) Counsel for each party, after answer is filed, file a written joint stipulation of facts, request for judgment, and sworn verification by each party; and
(c) Counsel for each party file a proposed judgment containing a certification that counsel and each party agree to the terms thereof.
(2) The court may render and sign such judgments in chambers without a hearing and without the taking of testimony.
Acts 1986, No. 219, §2; Acts 1987, No. 271, §1; Acts 1990, No. 1009, §4, eff. Jan. 1, 1991.
2023 Louisiana Laws › Code of Civil Procedure › Art. 970. Motion for judgment on offer of judgment

Art. 970. Motion for judgment on offer of judgment
A. At any time more than twenty days before the time specified for the trial of the matter, without any admission of liability, any party may serve upon an adverse party an offer of judgment for the purpose of settling all of the claims between them. The offer of judgment shall be in writing and state that it is made under this Article; specify the total amount of money of the settlement offer; and specify whether that amount is inclusive or exclusive of costs, interest, attorney fees, and any other amount which may be awarded pursuant to statute or rule. Unless accepted, an offer of judgment shall remain confidential between the offeror and offeree. If the adverse party, within ten days after service, serves written notice that the offer is accepted, either party may move for judgment on the offer. The court shall grant such judgment on the motion of either party.
B. An offer of judgment not accepted shall be deemed withdrawn and evidence of an offer of judgment shall not be admissible except in a proceeding to determine costs pursuant to this Article.
C. If the final judgment obtained by the plaintiff-offeree is at least twenty-five percent less than the amount of the offer of judgment made by the defendant-offeror or if the final judgment obtained against the defendant-offeree is at least twenty-five percent greater than the amount of the offer of judgment made by the plaintiff-offeror, the offeree must pay the offeror's costs, exclusive of attorney fees, incurred after the offer was made, as fixed by the court.
D. The fact that an offer is made but not accepted does not preclude a subsequent offer or a counter offer. When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the damages remains to be determined by future proceedings, either party may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than thirty days before the start of hearings to determine the amount or extent of damages.
E. For purposes of comparing the amount of money offered in the offer of judgment to the final judgment obtained, which judgment shall take into account any additur or remittitur, the final judgment obtained shall not include any amounts attributable to costs, interest, or attorney fees, or to any other amount which may be awarded pursuant to statute or rule, unless such amount was expressly included in the offer.
F. A judgment granted on a motion for judgment on an offer of judgment is a final judgment when signed by the judge; however, an appeal cannot be taken by a party who has consented to the judgment.
Acts 1996, 1st Ex. Sess., No. 60, §1, eff. May 9, 1996; Acts 1997, No. 354, §1; Acts 2012, No. 557, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1001. Delay for answering

CHAPTER 5. ANSWER
Art. 1001. Delay for answering
A. A defendant shall file his answer within twenty-one days after service of citation upon him, except as otherwise provided by law. If the plaintiff files and serves a discovery request with his petition, the defendant shall file his answer to the petition within thirty days after service of citation and service of discovery request.
B. When an exception is filed prior to answer and is overruled or referred to the merits, or is sustained and an amendment of the petition ordered, the answer shall be filed within fifteen days after the exception is overruled or referred to the merits, or fifteen days after service of the amended petition.
C. The court may grant additional time for answering.
Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1002. Answer or other pleading filed prior to signing of final default judgment

Art. 1002. Answer or other pleading filed prior to signing of default judgment
Notwithstanding the provisions of Article 1001, the defendant may file his answer or other pleading at any time prior to the signing of a default judgment against him.
Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1003. Form of answer

Art. 1003. Form of answer
The answer shall comply with Articles 853, 854, and 863 and, whenever applicable, with Articles 855 through 861. It shall admit or deny the allegations of the petition as required by Article 1004, state in short and concise terms the material facts upon which the defenses to the action asserted are based, and shall set forth all affirmative defenses as required by Article 1005. It shall also contain a prayer for the relief sought. Relief may be prayed for in the alternative.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1004. Denials

Art. 1004. Denials
The answer shall admit or deny the allegations of fact contained in each paragraph of the petition, and all such allegations, other than those as to the amount of damages, are admitted if not denied in the answer. If the defendant is without knowledge or information sufficient to justify a belief as to the truth of an allegation of fact made in the petition, he shall so state and this shall have the effect of a denial. Denials shall fairly meet the substance of the allegations denied. When the defendant intends in good faith to deny only a part of or to qualify an allegation of fact, he shall admit so much of it as is true and material and shall deny or qualify the remainder.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1005. Affirmative defenses

Art. 1005. Affirmative defenses
The answer shall set forth affirmatively negligence, or fault of the plaintiff and others, duress, error or mistake, estoppel, extinguishment of the obligation in any manner, failure of consideration, fraud, illegality, injury by fellow servant, and any other matter constituting an affirmative defense. If a party has mistakenly designated an affirmative defense as a peremptory exception or as an incidental demand, or a peremptory exception as an affirmative defense, and if justice so requires, the court, on such terms as it may prescribe, shall treat the pleading as if there had been a proper designation.
Acts 2008, No. 824, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1031. Incidental demands allowed

CHAPTER 6. INCIDENTAL ACTIONS
SECTION 1. GENERAL DISPOSITIONS
Art. 1031. Incidental demands allowed
A. A demand incidental to the principal demand may be instituted against an adverse party, a co-party, or against a third person.
B. Incidental demands are reconvention, cross-claims, intervention, and the demand against third parties.
Acts 1983, No. 63, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1032. Form of petition

Art. 1032. Form of petition
An incidental demand shall be commenced by a petition which shall comply with the requirements of Articles 891, 892 and 893. An incidental demand instituted by the defendant in the principal action may be incorporated in his answer to the principal demand. In this event, the caption shall indicate appropriately the dual character of the combined pleading.
Amended by Acts 1988, No. 443, §2, eff. Jan. 1, 1989.
{{NOTE: SEE ACTS 1988, NO. 443, §3.}}
2023 Louisiana Laws › Code of Civil Procedure › Art. 1033. Delay for filing incidental demand

Art. 1033. Delay for filing incidental demand
An incidental demand may be filed without leave of court at any time up to and including the time the answer to the principal demand is filed.
An incidental demand may be filed thereafter, with leave of court, if it will not retard the progress of the principal action, or if permitted by Articles 1066 or 1092.
An incidental demand that requires leave of court to file shall be considered as filed as of the date it is presented to the clerk of court for filing if leave of court is thereafter granted.
Amended by Acts 1970, No. 473, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1034. Exceptions and motions

Art. 1034. Exceptions and motions
A defendant in an incidental action may plead any of the exceptions available to a defendant in a principal action, and may raise any of the objections enumerated in Articles 925 through 927, except that an objection of improper venue may not be urged if the principal action has been instituted in the proper venue. Exceptions pleaded by the defendant in an incidental action shall be subject to all of the provisions of Articles 924 through 934.
A party to an incidental action may plead any of the written motions available to a party to a principal action, subject to the provisions of Articles 961 through 969.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1036. Jurisdiction; mode of procedure

Art. 1036. Jurisdiction; mode of procedure
A. Except as otherwise provided in Article 4845, a court shall have jurisdiction over an incidental demand only if it would have had jurisdiction over the demand had it been instituted in a separate suit. The only exceptions to this rule are those provided in the state constitution.
B. The mode of procedure employed in the incidental action shall be the same as that used in the principal action, except as otherwise provided by law.
Acts 1995, No. 202, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1037. Action instituted separately

Art. 1037. Action instituted separately
When a person does not assert in an incidental demand the action which he has against a party to the principal action or a third person, he does not thereby lose his right of action, except as provided in Article 1113, and except as provided in Article 1061.
Acts 1990, No. 521, §2, eff. Jan. 1, 1991.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1038. Separate trial; separate judgment

Art. 1038. Separate trial; separate judgment
The court may order the separate trial of the principal and incidental actions, either on exceptions or on the merits; and after adjudicating the action first tried, shall retain jurisdiction for the adjudication of the other.
When the principal and incidental actions are tried separately, the court may render and sign separate judgments thereon. When in the interests of justice, the court may withhold the signing of the judgment on the action first tried until the signing of the judgment on the other.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1041. When prescribed incidental or third party demand is not barred

Art. 1041. When prescribed incidental or third party demand is not barred
An incidental demand is not barred by prescription or peremption if it was not barred at the time the main demand was filed and is filed within ninety days of date of service of main demand or in the case of a third party defendant within ninety days from service of process of the third party demand.
Added by Acts 1970, No. 472, §1. Amended by Acts 1974, No. 86, §1; Redesignated from C.C.P. Art. 1067 by Acts 2017, No. 419, §5.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1061. Actions pleaded in reconventional demand; compulsory

SECTION 2. RECONVENTION
Art. 1061. Actions pleaded in reconventional demand; compulsory
A. The defendant in the principal action may assert in a reconventional demand any causes of action that the defendant may have against the plaintiff in the principal action, even if these two parties are domiciled in the same parish and regardless of connexity between the principal and reconventional demands.
B. Except as otherwise provided in Article 3657, and except in an action for divorce under Civil Code Article 102 or 103 or in an action under Civil Code Article 186, the defendant in the principal action shall assert in a reconventional demand all causes of action that the defendant may have against the plaintiff that arise out of the transaction or occurrence that is the subject matter of the principal action.
Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §2; Acts 2006, No. 344, §2, eff. June 13, 2006; Acts 2023, No. 421, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1063. Service of reconventional demand; citation unnecessary

Art. 1063. Service of reconventional demand; citation unnecessary
The petition in reconvention, whether incorporated in the answer to the principal action or filed separately, shall be served on the plaintiff in the principal action in the manner prescribed by Article 1314. Citation of the plaintiff in the principal action shall not be necessary.
Amended by Acts 1972, No. 662, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1071. Cross-claims

SECTION 3. CROSS-CLAIMS
Art. 1071. Cross-claims
A party by petition may assert as a cross-claim a demand against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or a reconventional demand or relating to any property that is the subject matter of the original action. The cross-claim may include a demand that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of the demand asserted in the action against the cross-claimant.
Added by Acts 1983, No. 63, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1091. Third person may intervene

SECTION 4. INTERVENTION
Art. 1091. Third person may intervene
A third person having an interest therein may intervene in a pending action to enforce a right related to or connected with the object of the pending action against one or more of the parties thereto by:
(1) Joining with plaintiff in demanding the same or similar relief against the defendant;
(2) Uniting with defendant in resisting the plaintiff's demand; or
(3) Opposing both plaintiff and defendant.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1092. Third person asserting ownership of, or mortgage or privilege on, seized property

Art. 1092. Third person asserting ownership of, or mortgage or privilege on, seized property
A third person claiming ownership of, or a mortgage or privilege on, property seized may assert his claim by intervention. If the third person asserts ownership of the seized property, the intervention may be filed at any time prior to the judicial sale of the seized property, and the court may grant him injunctive relief to prevent such sale before an adjudication of his claim of ownership.
If the third person claims a mortgage or privilege on the entire property seized, whether superior or inferior to that of the seizing creditor, the intervention may be filed at any time prior to the distribution by the sheriff of the proceeds of the sale of the seized property, and the court shall order the sheriff to hold such proceeds subject to its further orders. When the intervener claims such a mortgage or privilege only on part of the property seized, and the intervention is filed prior to the judicial sale, the court may order the separate sale of the property on which the intervener claims a mortgage or privilege; or if a separate sale thereof is not feasible or necessary, or the intervener has no right thereto, the court may order the separate appraisement of the entire property seized and of the part thereof on which the intervener claims a mortgage or privilege.
An intervener claiming the proceeds of a judicial sale does not thereby admit judicially the validity, nor is he estopped from asserting the invalidity, of the claim of the seizing creditor.
Amended by Acts 1962, No. 92, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1093. Service of petition; citation unnecessary

Art. 1093. Service of petition; citation unnecessary
When the intervention asserts ownership of, or a mortgage or privilege on, the seized property, the petition shall be served on the sheriff and all parties to the principal action as provided in Article 1313. Any other petition of intervention shall be served on all parties to the principal action as provided in Article 1314. Citation is not necessary in intervention.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1111. Defendant may bring in third person

SECTION 5. DEMAND AGAINST THIRD PARTY
Art. 1111. Defendant may bring in third person
The defendant in a principal action by petition may bring in any person, including a codefendant, who is his warrantor, or who is or may be liable to him for all or part of the principal demand.
In such cases the plaintiff in the principal action may assert any demand against the third party defendant arising out of or connected with the principal demand. The third party defendant thereupon shall plead his objections and defenses in the manner prescribed in Articles 921 through 969, 1003 through 1006, and 1035. He may reconvene against the plaintiff in the principal action or the third party plaintiff, on any demand arising out of or connected with the principal demand, in the manner prescribed in Articles 1061 through 1066.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1112. Defendant in reconvention may bring in third person

Art. 1112. Defendant in reconvention may bring in third person
The defendant in reconvention likewise may bring in his warrantor, or any person who is or may be liable to him for all or part of the reconventional demand, and the rules provided in Articles 1111, and 1113 through 1115 shall apply equally to such third party actions.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1113. Effect of failure to bring in third party

Art. 1113. Effect of failure to bring in third party
A defendant who does not bring in as a third party defendant a person who is liable to him for all or part of the principal demand does not on that account lose his right or cause of action against such person, unless the latter proves that he had means of defeating the action which were not used, because the defendant either failed to bring him in as a third party defendant, or neglected to apprise him that the suit had been brought. The same rule obtains with respect to a defendant in reconvention who fails to bring in as a third party defendant a person who is liable to him for all or part of the reconventional demand.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1114. Service of citation and pleadings

Art. 1114. Service of citation and pleadings
A citation and a certified copy of the third party petition shall be served on the third party defendant in the manner prescribed by Articles 1231 through 1293. Unless previously served on or filed by the third party defendant, certified copies of the following pleadings shall also be served on him in the same manner: the petition in the principal demand; the petition in the reconventional demand, if any; and the answers to the principal and reconventional demands filed prior to the issuance of citation in the third party action.
Amended by Acts 1964, No. 4, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1151. Amendment of petition and answer; answer to amended petition

CHAPTER 7. AMENDED AND SUPPLEMENTAL PLEADINGS
Art. 1151. Amendment of petition and answer; answer to amended petition
A plaintiff may amend his petition without leave of court at any time before the answer thereto is served. He may be ordered to amend his petition under Articles 932 through 934. A defendant may amend his answer once without leave of court at any time within ten days after it has been served. Otherwise, the petition and answer may be amended only by leave of court or by written consent of the adverse party.
A defendant shall plead in response to an amended petition within the time remaining for pleading to the original pleading or within ten days after service of the amended petition, whichever period is longer, unless the time is extended under Article 1001.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1152. Amendment of exceptions

Art. 1152. Amendment of exceptions
A defendant may amend his declinatory or dilatory exceptions by leave of court or with the written consent of the adverse party, at any time prior to the trial of the exceptions, so as to amplify or plead more particularly an objection set forth or attempted to be set forth in the original exception. A declinatory or a dilatory exception may not be amended so as to plead an objection not attempted to be set forth in the original exception.
A defendant may amend his peremptory exception at any time and without leave of court, so as to either amplify an objection set forth or attempted to be set forth in the original exception, or to plead an objection not set forth therein.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1154. Amendment to conform to evidence

Art. 1154. Amendment to conform to evidence
When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised by the pleading. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to so amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby, and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense on the merits. The court may grant a continuance to enable the objecting party to meet such evidence.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1155. Supplemental pleadings

Art. 1155. Supplemental pleadings
The court, upon written consent of the parties, may permit the mover to file a supplemental petition or answer setting forth items of damage, causes of action or defenses that have become exigible since the date of filing the original petition or answer, and that are related to or connected with the causes of action or defenses asserted therein. If the parties do not consent, the court may grant leave to file a supplemental petition or answer only upon contradictory motion.
Acts 2023, No. 5, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1201. Citation; waiver; delay for service

TITLE II
CITATION AND SERVICE OF PROCESS
CHAPTER 1. CITATION
Art. 1201. Citation; waiver; delay for service
A. Citation and service thereof are essential in all civil actions except summary and executory proceedings, divorce actions under Civil Code Article 102, and proceedings under the Children's Code. Without them all proceedings are absolutely null.
B. The defendant may expressly waive citation and service thereof by any written waiver made part of the record.
C. Service of the citation shall be requested on all named defendants within ninety days of commencement of the action. When a supplemental or amended petition is filed naming any additional defendant, service of citation shall be requested within ninety days of its filing, and the additional defendant shall be served with the original petition and the supplemental or amended petition. The defendant may expressly waive the requirements of this Paragraph by any written waiver. The requirement provided by this Paragraph shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of citation.
D. If not waived, a request for service of citation upon the defendant shall be considered timely if requested on the defendant within the time period provided by this Article, notwithstanding insufficient or erroneous service.
Acts 1991, No. 367, §2; Acts 1997, No. 518, §2, eff. Jan. 1, 1998; Acts 2003, No. 545, §1; Acts 2006, No. 750, §1; Acts 2014, No. 379, §2, eff. May 30, 2014; Acts 2022, No. 455, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1202. Form of citation

Art. 1202. Form of citation
The citation must be signed by the clerk of the court issuing it with an expression of his official capacity and under the seal of his office; must be accompanied by a certified copy of the petition, exclusive of exhibits, even if made a part thereof; and must contain the following:
(1) The date of issuance;
(2) The title of the cause;
(3) The name of the person to whom it is addressed;
(4) The title and location of the court issuing it; and
(5) A statement that the person cited must either comply with the demand contained in the petition or make an appearance, either by filing a pleading or otherwise, in the court issuing the citation within the delay provided in Article 1001 under penalty of default.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1231. Types of service; time of making

CHAPTER 2. SERVICE ON PERSONS
Art. 1231. Types of service; time of making
Service of citation or other process may be either personal or domiciliary, and except as otherwise provided by law, each has the same effect.
Service, whether personal or domiciliary, may be made at any time of day or night, including Sundays and holidays.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1234. Domiciliary service

Art. 1234. Domiciliary service
Domiciliary service is 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.
Acts 1985, No. 355, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1235. Service on representative

Art. 1235. Service on representative
A. Service is made on a person who is represented by another by appointment of court, operation of law, or mandate, through personal or domiciliary service on such representative.
B. Service on an attorney, as a representative of a client, is proper when the attorney's secretary is served in the attorney's office.
C. For the purposes of this Article "secretary" shall be defined as the person assigned to a particular attorney and who is charged with the performance of that part of the attorney's business concerned with the keeping of records, the sending and receiving of correspondence, and the preparation and monitoring of the attorney's appointments calendar.
Acts 1991, No. 45, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1235.1. Service on incarcerated person

Art. 1235.1. Service on incarcerated person
A. Service is made on a person who is incarcerated in a jail or detention facility through personal service on the warden or his designee for that shift. The warden or his designee shall in turn make personal service on the person incarcerated.
B. When requested by the petitioner or mover, proof of service may be made by filing in the record the affidavit of the person serving the citation and pleadings on the person who is incarcerated.
C. Personal service on the person incarcerated as required by Paragraph A of this Article shall be made promptly, but in no event shall it be made later than ten days after service upon the warden or his designee. If, for reasons beyond the control of the warden, such personal service cannot be accomplished by the tenth day, then on the next day or as soon as it is apparent that such personal service cannot be accomplished, the warden or his designee shall note the inability to serve on the citation or pleadings and return the citation or pleadings to the issuing court.
D. Service as provided in Paragraph A of this Article shall be deemed to be accomplished on the date of personal service shown by the affidavit specified in Paragraph B of this Article, or if no such affidavit is timely received, nor a return by the warden or his designee in Paragraph C of this Article indicating a lack of personal service, then service is deemed to be accomplished ten days after service upon the warden or his designee under Paragraph A of this Article.
Acts 1991, No. 46, §1; Acts 2004, No. 744, §1.