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Section 464 – Improper cumulation, effect

May 13, 2021 | Civil Procedure, Louisiana

When the court lacks jurisdiction of, or when the venue is improper as to, one of the actions cumulated, that action shall be dismissed.

When the cumulation is improper for any other reason, the court may:

(1) order separate trials of the actions; or
(2) order the plaintiff to elect which actions he shall proceed with, and to amend his petition so as to delete therefrom all allegations relating to the action which he elects to discontinue. The penalty for noncompliance with an order to amend is a dismissal of plaintiff’s suit.

La. C.P. ยง 464