Art. 1063.Service of Reconventional Demand; Citation Unnecessary
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 6. Incidental Actions · Last amended 1972 · Last verified July 30, 2026
Full Text of Art. 1063
Amendment History
Amended by Acts 1972, No. 662, §1.
Plain-English Summary
A reconventional demand doesn't need the same formal opening that starts a new lawsuit. The plaintiff is already before the court, having filed the principal demand, so Article 1063 dispenses with citation — the formal notice that summons a defendant into a case for the first time.
What the plaintiff still gets is service. Article 1063 requires the petition in reconvention, whether it's incorporated into the defendant's answer or filed as its own separate document, to be served on the plaintiff in the manner Article 1314 prescribes — the Code's standard method for serving pleadings on parties already in the case, typically through counsel of record.
Frequently Asked Questions
Does a plaintiff need to be formally cited to face a reconventional demand?
No. Article 1063 dispenses with citation of the plaintiff, since the plaintiff already brought the principal demand and is already before the court.
How is a reconventional demand served on the plaintiff?
In the manner Article 1314 prescribes, the Code's standard method for serving pleadings on parties already in the case.
Does it matter whether the reconventional demand is filed with the answer or separately?
No. Article 1063 applies the same service rule either way.