A defendant may amend his declinatory or dilatory exceptions by leave of court or with the written consent of the adverse party, at any time prior to the trial of the exceptions, so as to amplify or plead more particularly an objection set forth or attempted to be set forth in the original exception. A declinatory or a dilatory exception may not be amended so as to plead an objection not attempted to be set forth in the original exception. A defendant may amend his peremptory exception at any time and without leave of court, so as to either amplify an objection set forth or attempted to be set forth in the original exception, or to plead an objection not set forth therein.
Art. 1152.Amendment of Exceptions
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 7. Amended and Supplemental Pleadings · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1152 lets a defendant amend a declinatory or dilatory exception, with the court's leave or the opposing party's consent, to sharpen an objection already raised but not to raise a new one, while allowing a peremptory exception to be amended freely and without leave at any time.
Full Text of Art. 1152
Plain-English Summary
Louisiana treats its three families of exceptions differently when it comes to amendment. Declinatory exceptions (challenging the court or venue) and dilatory exceptions (challenging the form or timing of the proceeding) can be amended before trial of the exception, but only with the court's leave or the other party's written consent, and only to sharpen or clarify an objection the original exception already raised or attempted to raise.
That limit matters. A defendant can't use an amendment to add a new declinatory or dilatory objection that the original exception never mentioned. The amendment has to build on ground already staked out, not break new ground.
Peremptory exceptions — the kind that attack the plaintiff's right to recover, such as prescription or no cause of action — get more room. A defendant can amend a peremptory exception at any time, without needing the court's leave, and can use the amendment either to sharpen an existing objection or to add one that wasn't raised before. That reflects the weight the Code gives to peremptory exceptions, which can dispose of a case on its merits.
Frequently Asked Questions
Can a defendant add a brand-new objection by amending a declinatory or dilatory exception?
No. Article 1152 allows amendment only to amplify or clarify an objection already raised or attempted in the original exception, not to introduce one that wasn't there.
Does amending a declinatory or dilatory exception require the court's permission?
Yes, unless the opposing party consents in writing. Either the court's leave or the adverse party's written consent is required, and the amendment must come before trial of the exception.
Are peremptory exceptions easier to amend than other exceptions?
Yes. A defendant may amend a peremptory exception at any time and without leave of court, and may use it to raise an objection that wasn't in the original exception.
What's the difference between a declinatory, dilatory, and peremptory exception?
Declinatory exceptions challenge the court's jurisdiction or venue, dilatory exceptions challenge the form or timing of the proceeding, and peremptory exceptions attack the plaintiff's right to recover, such as through prescription.
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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