Section 924 – Form of exceptions

by | May 13, 2021 | Civil Procedure, Louisiana

All exceptions shall comply with Articles 853, 854, and 863, and, whenever applicable, with Articles 855 through 861. They shall set forth the name and surname of the exceptor, shall state with particularity the objections urged and the grounds thereof, and shall...

Section 923 – Functions of exceptions

by | May 13, 2021 | Civil Procedure, Louisiana

The function of the declinatory exception is to decline the jurisdiction of the court, while the dilatory exception merely retards the progress of the action, but neither exception tends to defeat the action. The function of the peremptory exception is to have the...

Section 921 – Exception defined

by | May 13, 2021 | Civil Procedure, Louisiana

An exception is a means of defense, other than a denial or avoidance of the demand, used by the defendant, whether in the principal or an incidental action, to retard, dismiss, or defeat the demand brought against him.La. C.P. § 921

Section 893 – Pleading of damages

by | May 13, 2021 | Civil Procedure, Louisiana

A.(1) No specific monetary amount of damages shall be included in the allegations or prayer for relief of any original, amended, or incidental demand. The prayer for relief shall be for such damages as are reasonable in the premises except that if a specific amount of...

Section 892 – Alternative causes of action

by | May 13, 2021 | Civil Procedure, Louisiana

Except as otherwise provided in Article 3657, a petition may set forth two or more causes of action in the alternative, even though the legal or factual bases thereof may be inconsistent or mutually exclusive. In such cases all allegations shall be made subject to the...