The court may order the separate trial of the principal and incidental actions, either on exceptions or on the merits; and after adjudicating the action first tried, shall retain jurisdiction for the adjudication of the other. When the principal and incidental actions are tried separately, the court may render and sign separate judgments thereon. When in the interests of justice, the court may withhold the signing of the judgment on the action first tried until the signing of the judgment on the other.
Art. 1038.Separate Trial; Separate Judgment
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 6. Incidental Actions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1038 lets a court order separate trials of the principal and incidental actions, on exceptions or on the merits, while retaining jurisdiction to decide the one not tried first, and allows separate judgments with the option to withhold signing one until the other is ready.
Full Text of Art. 1038
Plain-English Summary
A principal demand and its incidental demands don't have to be tried together. Article 1038 gives the court discretion to order separate trials — either on exceptions or on the merits — for the principal action and any incidental action attached to it. After deciding the one tried first, the court keeps jurisdiction to take up the other.
Judgment follows trial. When the principal and incidental actions are tried separately, the court can sign separate judgments on each rather than waiting to resolve everything at once. But Article 1038 also gives the court a coordinating tool: when justice calls for it, the court can withhold signing the judgment on the action decided first until the judgment on the other action is ready to sign too, so the two resolve together even though they were tried apart.
Frequently Asked Questions
Can a court try a reconventional demand separately from the plaintiff's original claim?
Yes. Article 1038 lets the court order separate trials of the principal and incidental actions, whether on exceptions or on the merits.
Does the court lose jurisdiction over the incidental action after trying the principal action first?
No. Article 1038 requires the court to retain jurisdiction for the adjudication of whichever action wasn't tried first.
Can a court delay signing a judgment on one action until the other is decided?
Yes, when the interests of justice call for it. Article 1038 gives the court that discretion so related judgments can be signed together.
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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