Section 925 – Objections raised by declinatory exception; waiver

May 13, 2021 | Civil Procedure, Louisiana

A. The objections which 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) The court’s lack of jurisdiction over the subject matter of the action.
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 which may be raised through the declinatory exception, except the court’s lack of jurisdiction over the subject matter of the action, are waived unless pleaded therein.

La. C.P. § 925

Amended by Acts 2017, No. 419,s. 1, eff. 8/1/2017.
Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1997, No. 578, §1; Acts 2006, No. 750, §1; Acts 2010, No. 407, §1.