Section 855 – Pleading special matters; capacity

May 13, 2021 | Civil Procedure, Louisiana

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.

La. C.P. ยง 855

Amended by Acts 2018, No. 195,s. 1, eff. 8/1/2018.