by admin | May 13, 2021 | Civil Procedure, Louisiana
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...
by admin | May 13, 2021 | Civil Procedure, Louisiana
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...
by admin | May 13, 2021 | Civil Procedure, Louisiana
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...
by admin | May 13, 2021 | Civil Procedure, Louisiana
A. The objections which 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...
by admin | May 13, 2021 | Civil Procedure, Louisiana
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...
by admin | 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...
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