§ Art. 928 Time of pleading exceptions

Codes > Louisiana Code of Civil Procedure > Book I > Title I : Chapter 3 > Art. 928

Art. 928. Time of pleading exceptions

    A. The declinatory exception and the dilatory exception shall be pleaded prior to or in the answer and, prior to or along with the filing of any pleading seeking relief other than entry or removal of the name of an attorney as counsel of record, extension of time within which to plead, security for costs, or dissolution of an attachment issued on the ground of the nonresidence of the defendant, and in any event, prior to the confirmation of a default judgment. When both exceptions are pleaded, they shall be filed at the same time, and may be incorporated in the same pleading. When filed at the same time or in the same pleading, these exceptions need not be pleaded in the alternative or in a particular order.

    B. The peremptory exception may be pleaded at any stage of the proceeding in the trial court prior to a submission of the case for a decision and may be filed with the declinatory exception or with the dilatory exception, or both.

    DATE EFFECTIVE AND APPLICATION--ACTS 1999, NO. 983

    Section 2 of Acts 1999, No. 983 (§ 1 of which amends par. A) provides:

    “Section 2. The provisions of this Act shall become effective on July 1, 2000, and shall apply to all actions filed on or
after July 1, 2000.”