Exceptions
An exception is a formal objection raised by a party — typically the defendant. Instead of (or in addition to) denying the plaintiff’s claims on the merits, the party argues there is a procedural or legal reason why the lawsuit should be delayed, dismissed, or transferred.
Louisiana recognizes three categories of exceptions: declinatory, dilatory, and peremptory.
Declinatory Exceptions
Section titled “Declinatory Exceptions”Declinatory exceptions object to the court’s authority or the process used to bring the defendant before the court.
Insufficiency of Citation
Section titled “Insufficiency of Citation”The citation was defective — missing required information, not properly signed, or otherwise failing to comply with statutory requirements.
Insufficiency of Service of Process
Section titled “Insufficiency of Service of Process”The citation was not served correctly — wrong person, wrong method, or failure to comply with service requirements.
Improper Venue
Section titled “Improper Venue”The lawsuit was filed in the wrong ward. Venue is generally proper where the defendant resides or where the obligation was to be performed.
Lis Pendens
Section titled “Lis Pendens”The same dispute is already pending in another court between the same parties. One case should be dismissed or stayed.
Effect of Declinatory Exceptions
Section titled “Effect of Declinatory Exceptions”If sustained, declinatory exceptions typically result in:
- Dismissal without prejudice (plaintiff may refile properly), OR
- Transfer to the proper court
They do not address the merits of the claim.
Dilatory Exceptions
Section titled “Dilatory Exceptions”Dilatory exceptions argue that the lawsuit is premature or not in proper form — something must happen before the case can proceed.
Vagueness or Ambiguity
Section titled “Vagueness or Ambiguity”The petition is too vague to understand. The defendant cannot adequately prepare a defense because the claims are unclear.
Prematurity
Section titled “Prematurity”The suit was filed before the cause of action fully matured. For example, suing on a debt before it is due.
Nonjoinder of Parties
Section titled “Nonjoinder of Parties”A necessary party has not been included in the lawsuit.
Effect of Dilatory Exceptions
Section titled “Effect of Dilatory Exceptions”If sustained, dilatory exceptions typically result in:
- Order to amend the petition to cure the defect
- Delay until conditions are met
- Dismissal without prejudice if defect cannot be cured
Peremptory Exceptions
Section titled “Peremptory Exceptions”Peremptory exceptions seek to kill the lawsuit entirely based on a legal bar. They go to the legal viability of the claim itself.
Prescription (Statute of Limitations)
Section titled “Prescription (Statute of Limitations)”The time allowed by law to bring the claim has expired. Different claims have different prescriptive periods.
Common prescriptive periods:
- Delictual actions (torts): 1 year
- Contract actions: 10 years
- Open accounts: 3 years
Res Judicata
Section titled “Res Judicata”The matter has already been decided by a court in a final judgment between the same parties. A party cannot relitigate what has been conclusively determined.
No Cause of Action
Section titled “No Cause of Action”Even if everything the plaintiff alleges is true, the law provides no remedy. The petition fails to state a claim upon which relief can be granted.
Example: Plaintiff sues for hurt feelings from an insult — no cause of action exists for mere insults.
No Right of Action
Section titled “No Right of Action”The plaintiff is not the proper party to bring this claim. Someone else may have a cause of action, but not this plaintiff.
Effect of Peremptory Exceptions
Section titled “Effect of Peremptory Exceptions”If sustained, peremptory exceptions result in dismissal with prejudice — the claim cannot be refiled.
Procedure for Filing Exceptions
Section titled “Procedure for Filing Exceptions”When to File
Section titled “When to File”Exceptions should be filed before or with the answer:
- Declinatory exceptions — Must be filed before answer or they are waived
- Dilatory exceptions — Must be filed before answer or they are waived
- Peremptory exceptions — May be filed at any time, even on appeal
Hearing
Section titled “Hearing”The court sets a hearing on the exception before proceeding to trial on the merits. At the hearing:
- The party raising the exception presents argument
- The opposing party responds
- The JP rules on the exception
Burden of Proof
Section titled “Burden of Proof”Generally, the party raising the exception bears the burden of proof, except:
- Prescription — Once the defendant shows the prescriptive period has facially run, the plaintiff must prove suspension or interruption
- No cause of action — Decided based on the face of the petition
Multiple Exceptions
Section titled “Multiple Exceptions”A party may raise multiple exceptions simultaneously. The court typically rules on them in order:
- Declinatory (jurisdiction/process issues first)
- Dilatory (form/prematurity issues second)
- Peremptory (legal bars last)
Related Topics
Section titled “Related Topics”- Civil Suits Overview — Jurisdiction and procedure
- Trial — Proceeding to trial on the merits
- Transfers — Moving cases between courts
- Service of Process — Proper service