An incidental demand shall be commenced by a petition which shall comply with the requirements of Articles 891, 892 and 893. An incidental demand instituted by the defendant in the principal action may be incorporated in his answer to the principal demand. In this event, the caption shall indicate appropriately the dual character of the combined pleading.
Art. 1032.Form of Petition
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 6. Incidental Actions · Last amended 1989 · Last verified July 30, 2026
In one sentenceArticle 1032 requires an incidental demand to be commenced by a petition meeting the same formal requirements as an original petition, and allows a defendant to fold an incidental demand into the answer to the principal demand as long as the caption reflects the pleading's dual character.
Full Text of Art. 1032
Amendment History
Amended by Acts 1988, No. 443, §2, eff. 1/1/1989.
Plain-English Summary
An incidental demand isn't a footnote tacked onto someone else's lawsuit. It's a claim in its own right, and Article 1032 treats it that way by requiring it to start with a petition — the same formal document that opens a principal demand. That petition must meet the same content requirements the Code sets out in Articles 891 through 893: a statement of the court's jurisdiction, the material facts, and the relief sought.
Article 1032 also offers a shortcut for defendants. Rather than filing the answer to the principal demand and a separate petition asserting a reconventional demand, a defendant can combine both in one document. The caption has to say so — it must indicate the pleading's dual character, so the court and the opposing party can see at a glance that the document is both an answer and an incidental demand.
This combined format is common in practice. A defendant answering a plaintiff's suit while also asserting a reconventional demand typically files one pleading captioned to reflect both roles, rather than two separate documents.
Frequently Asked Questions
Does an incidental demand require its own petition?
Yes. Article 1032 requires it to be commenced by a petition meeting the same requirements as an original petition under Articles 891 through 893.
Can a defendant combine an answer and a reconventional demand in one document?
Yes. Article 1032 allows a defendant to incorporate an incidental demand into the answer to the principal demand, as long as the caption shows the pleading serves both purposes.
What has to appear in the caption of a combined answer and incidental demand?
The caption must indicate the pleading's dual character, so it's clear the document functions as both an answer to the principal demand and a petition asserting an incidental demand.
What information must the petition in an incidental demand contain?
The same content Articles 891 through 893 require of any petition: the material facts of the claim, the relief sought, and the other formal elements of a proper petition.
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
Also known as: form of incidental demand petitioncombining answer and reconventional demanddual caption pleading louisianahow to file a reconventional demand