Louisiana Code of Civil Procedure 925 – Objections raised by declinatory exception; waiver
Terms Used In Louisiana Code of Civil Procedure 925
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Service of process: The service of writs or summonses to the appropriate party.
- Venue: The geographical location in which a case is tried.
A. The objections that may be raised through the declinatory exception include but are not limited to the following:
(1) Insufficiency of citation.
(2) Insufficiency of service of process, including failure to request service of citation on the defendant within the time prescribed by Article 1201(C), or failure to request service of petition within the time prescribed by Article 3955.
(3) Lis pendens under Article 531.
(4) Improper venue.
(5) The court’s lack of jurisdiction over the person of the defendant.
(6) Repealed by Acts 2023, No. 5, §3.
B. When two or more of these objections are pleaded in the declinatory exception, they need not be pleaded in the alternative or in any particular order.
C. All objections that may be raised through the declinatory exception are waived unless pleaded therein.
Acts 1990, No. 521, §2, eff. Jan. 1, 1991; Acts 1997, No. 578, §1; Acts 2006, No. 750, §1; Acts 2010, No. 407, §1; Acts 2017, No. 419, §1; Acts 2023, No. 5, §§1, 3.