by admin | May 13, 2021 | Civil Procedure, Louisiana
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,...
by admin | May 13, 2021 | Civil Procedure, Louisiana
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...
by admin | May 13, 2021 | Civil Procedure, Louisiana
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.La. C.P. § 1031Acts 1983, No. 63,...
by admin | May 13, 2021 | Civil Procedure, Louisiana
An answer may set forth two or more defenses in the alternative, even though the factual or legal bases thereof may be inconsistent or mutually exclusive. All allegations in such cases are made subject to the obligations set forth in Article 863.La. C.P. § 1006
by admin | May 13, 2021 | Civil Procedure, Louisiana
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...
by admin | May 13, 2021 | Civil Procedure, Louisiana
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...
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