by admin | May 13, 2021 | Civil Procedure, Louisiana
If an incidental demand has been pleaded prior to motion by plaintiff in the principal action to dismiss the principal action, a subsequent dismissal thereof shall not in any way affect the incidental action, which must be tried and decided independently of the...
by admin | May 13, 2021 | Civil Procedure, Louisiana
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...
by admin | May 13, 2021 | Civil Procedure, Louisiana
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.La. C.P. §...
by admin | May 13, 2021 | Civil Procedure, Louisiana
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...
by admin | May 13, 2021 | Civil Procedure, Louisiana
The answer in an incidental action shall be filed within the delay allowed by Article 1001, and shall be subject to all of the rules set forth in Articles 1001 and 1003 through 1006.La. C.P. § 1035Amended by Acts 2014, No. 655,s. 1, eff. 8/1/2014.
by admin | May 13, 2021 | Civil Procedure, Louisiana
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...
Recent Comments