The nullity of a final judgment may be demanded for vices of either form or substance, as provided in Articles 2002 through 2006.
Art. 2001.Grounds In General
Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 4. Modification In Trial Court · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2001 opens Louisiana's action of nullity by identifying the two categories of defect, vices of form and vices of substance, that let a party annul a final judgment under the specific rules in Articles 2002 through 2006.
Full Text of Art. 2001
Plain-English Summary
Once the deadlines for an appeal or a motion for new trial have passed, a Louisiana judgment is not automatically beyond challenge. Article 2001 opens a separate remedy: the action of nullity, a civil-law device that lets a party ask a court to annul a final judgment entirely, rather than merely amend or reargue it.
The article sorts every nullity claim into one of two categories. A vice of form is a procedural defect in how the judgment came about — most often a failure of proper service or notice, or a judgment rendered without jurisdiction, the specific grounds Articles 2002 and 2003 spell out. A vice of substance reaches deeper, striking at a judgment obtained through fraud or ill practices, the ground Article 2004 addresses. The two categories work in distinct ways: they carry different deadlines, different consequences for a party's own conduct, and different reasoning for why the judgment should fall.
Article 2001 itself does not supply the details for either category — it announces that both exist and points to the articles that follow. A party invoking the action of nullity needs to know from the outset which category the case fits, because the rules governing timing, waiver, and proof diverge sharply between a vice of form and a vice of substance.
Frequently Asked Questions
What is an action of nullity under Louisiana law?
It is a separate proceeding that lets a party ask a court to annul a final judgment after the ordinary deadlines for an appeal or a motion for new trial have passed, based on either a vice of form or a vice of substance.
What is the difference between a vice of form and a vice of substance?
A vice of form is a procedural defect, such as a lack of proper service or a court acting without jurisdiction, governed by Articles 2002 and 2003. A vice of substance reaches the judgment's underlying integrity, covering fraud or ill practices in obtaining it, governed by Article 2004. They carry separate deadlines and separate rules for when the claim can be lost.
Is an action of nullity the same thing as an appeal?
No. An appeal challenges a judgment through the ordinary review process within the normal appellate deadlines. An action of nullity is a distinct proceeding available after those deadlines have passed, limited to the specific grounds Articles 2002 through 2006 define.
Is Louisiana's action of nullity similar to a motion for relief from judgment in other states?
It serves a similar function to what many other jurisdictions call relief from judgment, giving a party a path to undo a final judgment based on serious defects like lack of proper service or fraud, though Louisiana's civil-law action of nullity has its own distinct grounds, deadlines, and procedure.
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: action of nullity louisiananullity of judgment louisianavices of form and substance louisianaannul a final judgment louisianarelief from judgment louisianarule 60(b) louisiana equivalent