Section 1041 – When prescribed incidental or third party demand is not barred

May 13, 2021 | Civil Procedure, Louisiana

An incidental demand is not barred by prescription or peremption if it was not barred at the time the main demand was filed and is filed within ninety days of date of service of main demand or in the case of a third party defendant within ninety days from service of process of the third party demand.

La. C.P. § 1041

Added by Acts 1970, No. 472, §1. Amended by Acts 1974, No. 86, §1.