The following rules determine the proper venue in cases where two or more articles in this Chapter may conflict:
Art. 45.Conflict Between Two Or More Articles In Chapter
Title I. Courts · Chapter 2. Venue · Last amended 2013 · Last verified July 30, 2026
In one sentenceArticle 45 breaks ties when two or more venue articles in this chapter point in different directions, generally letting the plaintiff choose among any of the venues a conflicting article would allow.
Full Text of Art. 45
(1) Article78, 79, 80, 81, 82, 83, 84, 86, or 87 governs the venue exclusively, if this article conflicts with any of Articles42 and 71 through 77;
(2) If there is a conflict between two or more of Articles78, 79, 80, 81, 82, 83, 84, 86, or 87, the plaintiff may bring the action in any venue provided by any applicable article; and
(3) If Articles78, 79, 80, 81, 82, 83, 84, 86, and 87 are not applicable, and there is a conflict between two or more of Articles42 and 71 through 77, the plaintiff may bring the action in any venue provided by any applicable article.
Amendment History
Amended by Acts 2013, No. 78, §1, eff. 8/1/2013.
Plain-English Summary
Several of the exception articles in this chapter can apply to the same lawsuit at once, and they do not always agree on where the case belongs. Article 45 supplies the tie-breaking rules. First, when Articles 78, 79, 80, 81, 82, 83, 84, or 86 conflict with either Article 42 or any of Articles 71 through 77, the more specific group — the articles covering partnerships, immovable property, successions, community property partitions, retirement systems, and voting trusts — controls exclusively.
Second, when two or more articles within that same specific group conflict with each other, the plaintiff is not forced to pick the one the court thinks fits best. The plaintiff may bring the action in any venue that any of the applicable conflicting articles would allow.
Third, if none of that specific group of articles applies at all, but there is still a conflict between Article 42 and two or more of Articles 71 through 77, the same plaintiff's-choice rule applies: the action may be brought in any venue any applicable article permits. Across all three rules, the pattern is consistent — Louisiana's venue scheme resolves overlaps by giving the plaintiff options rather than forcing a single, contested answer.
Frequently Asked Questions
What happens when two venue articles both seem to apply to my case?
Article 45 resolves it. If one of the more specific articles — 78, 79, 80, 81, 82, 83, 84, or 86 — conflicts with the general rule in Article 42 or the exceptions in Articles 71 through 77, the specific article controls. If two of those specific articles conflict with each other, or if Article 42 conflicts with two or more of Articles 71 through 77, the plaintiff may choose among the venues any applicable article allows.
Does a court get to pick which conflicting venue applies?
No. Article 45 hands that choice to the plaintiff rather than the court, once it is established that more than one venue article validly applies to the case.
Why does this chapter need a conflict-resolution rule at all?
Because Articles 71 through 86 create many overlapping paths to venue for the same lawsuit — a tort claim against an insured defendant might fit both the general rule and a special venue article, for instance — and without Article 45, it would be unclear which one governs.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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