An answer may set forth two or more defenses in the alternative, even though the factual or legal bases thereof may be inconsistent or mutually exclusive. All allegations in such cases are made subject to the obligations set forth in Article 863.
Art. 1006.Alternative Defenses
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 5. Answer · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1006 lets a Louisiana defendant plead two or more defenses in the alternative even when their factual or legal bases contradict or exclude one another, so long as each alternative still satisfies Article 863's certification obligations.
Full Text of Art. 1006
Plain-English Summary
A defendant does not always know which of several explanations for a dispute will hold up, and Article 1006 lets the answer reflect that uncertainty. It allows two or more defenses to be pled in the alternative, side by side, even when the facts or legal theories behind them contradict each other or cannot both be true at once.
The classic example pairs a flat denial with a defense that would only matter if the denial fails — disputing that an event happened at all, while also pleading a defense that would apply if it turns out the event did happen. Article 1006 removes any requirement that a defendant pick one theory before the facts are developed through discovery and trial, letting every viable position stay in the case at once.
That flexibility has a limit. Article 1006 ties every alternative allegation back to Article 863, the same certification obligation that governs every pleading in the case. Pleading defenses in the alternative is not license to raise a theory without a good-faith, evidentiary basis; each alternative still has to meet that same standard on its own, even if it sits uneasily next to another defense the defendant has also pled.
Frequently Asked Questions
Can a Louisiana defendant plead defenses that contradict each other?
Yes. Article 1006 allows two or more defenses to be pled in the alternative even when their factual or legal bases are inconsistent or mutually exclusive.
Why would a defendant plead inconsistent defenses instead of picking one?
Doing so preserves every viable position before the facts are fully developed, rather than forcing an early commitment to one theory that discovery or trial might not support.
Does pleading in the alternative excuse a defendant from having a good-faith basis for each defense?
No. Article 1006 subjects every alternative allegation to Article 863's certification obligations, so each defense still needs a good-faith, evidentiary basis of its own.
Does a defendant eventually have to choose between alternative defenses?
Article 1006 does not require an election at the pleading stage; it lets inconsistent defenses coexist in the same answer, subject to the same certification standard that applies to every allegation.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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