Terms Used In Louisiana Code of Civil Procedure 462

  • 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.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Venue: The geographical location in which a case is tried.

A plaintiff may cumulate against the same defendant two or more actions even though based on different grounds, if:

(1)  Each of the actions cumulated is within the jurisdiction of the court and is brought in the proper venue; and

(2)  All of the actions cumulated are mutually consistent and employ the same form of procedure.

Except as otherwise provided in Article 3657, inconsistent or mutually exclusive actions may be cumulated in the same judicial demand if pleaded in the alternative.