Objections raised by peremptory exception

La. Code Civ. Proc. art. 927

in effect

927. Objections raised by peremptory exception A. The objections that may be raised through the peremptory exception include but are not limited to the following: (1) Prescription. (2) Peremption. (3) Res judicata. (4) Nonjoinder of a party under Articles 641 and 642. (5) No cause of action, including an objection of no cause of action in part, as to one or more but fewer than all of the claims, demands, issues, or theories against a party, whether in an original demand, reconventional demand, cross-claim, third-party claim, or intervention. (6) No right of action, or no interest in the plaintiff to institute the suit. (7) Discharge in bankruptcy. (8) The court's lack of jurisdiction over the subject matter of the action. B. Except as otherwise provided by Articles 1702(D), 4904(D), and 4921(C), the court shall not supply the objection of prescription, which shall be specially pleaded. The nonjoinder of a party, peremption, res judicata, discharge in bankruptcy, the failure to disclose a cause of action or a right or interest in the plaintiff to institute the suit, or the court's lack of jurisdiction over the subject matter of the action may be noticed by either the trial or appellate court on its own motion. Once the objection of the lack of subject matter jurisdiction is raised by the parties or noticed by the court on its own motion, the court shall address the objection before ruling on any other matter. If an exception is noticed by the appellate court on its own motion, the exception shall not be adjudicated without assigning the matter for briefing and permitting the parties an opportunity to request oral argument. Acts 1995, No. 662, §1; Acts 2008, No. 824, §1, eff. Jan. 1, 2009; Acts 2021, No. 259, §2; Acts 2023, No. 5, §1; Acts 2025, No. 250, §3.

Source: Louisiana State Legislature (legis.la.gov)URL: https://legis.la.gov/legis/Law.aspx?d=112296Fetched: 10/20/2026