Louisiana Civil Procedure - Petition to Appeal
Louisiana Civil Procedure tests the civilian action model: petition, citation, exceptions, answer, discovery, trial, and appeal. Procedure is code-based, so identify the article and the procedural stage.
Commencement and exceptions
- A civil action begins with a petition and citation; service must be proper.
- Declinatory exceptions include lack of jurisdiction, improper venue, and insufficiency of service.
- Peremptory exceptions include no cause of action, no right of action, and prescription. Venue generally lies where the defendant is domiciled or where the cause of action arose.
Trial and review
- Prescription is liberative and generally must be pleaded; peremption is not subject to interruption.
- Discovery is broad but limited by relevance and privilege.
- Appeals are generally suspensive or devolutive; the record limits review.
Worked example
P petitions for damages but alleges only that D was negligent without facts showing a duty or breach. D files a peremptory exception of no cause of action. The court tests the petition on its face and cannot consider outside evidence. Because the petition fails to state a claim, the court may allow P to amend if the defect is curable.
Traps
Do not confuse no cause of action with no right of action. Do not treat prescription as jurisdictional. Do not ignore the requirement to serve the defendant before default.