§ Art. 923 Functions of exceptions

Codes > Louisiana Code of Civil Procedure > Book I > Title I : Chapter 3 > Art. 923

Art. 923. Functions of exceptions

    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 plaintiff's action declared legally nonexistent, or barred by effect of law, and hence this exception tends to dismiss or defeat the action.