Unless the context clearly indicates otherwise:
Art. 5056.Conjunctive, Disjunctive, Or Both
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 1. Rules of Construction · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 5056 fixes the default meaning of "and" as conjunctive and "or" as disjunctive in the Code of Civil Procedure, unless context indicates otherwise, and explains that an article phrased in the disjunctive followed by "or both" calls for both meanings at once.
Full Text of Art. 5056
(1) The word "and" indicates the conjunctive;
(2) The word "or" indicates the disjunctive; and
(3) When the article is phrased in the disjunctive, followed by the words "or both", both the conjunctive and disjunctive are intended.
Plain-English Summary
Two small words carry outsized weight in legal drafting. Article 5056 sets their default meaning within the Code of Civil Procedure: "and" indicates the conjunctive, joining items together, while "or" indicates the disjunctive, presenting alternatives, unless the context clearly indicates otherwise.
That default matters most at the boundary between the two. A list joined by "and" ordinarily requires every item to be satisfied; a list joined by "or" ordinarily requires only one. Getting that distinction wrong can change whether a party has met a Code requirement or missed it.
Article 5056 also addresses a specific drafting pattern: an article phrased in the disjunctive, followed by the words "or both." That phrase signals that both the conjunctive and the disjunctive readings apply at once, so a condition can be satisfied by either option alone or by both together. It is the Code's way of covering every combination without spelling out each one each time the pattern recurs.
Frequently Asked Questions
What does "and" mean by default in the Louisiana Code of Civil Procedure?
Article 5056 treats "and" as conjunctive by default, meaning every item it joins applies, unless the surrounding context clearly indicates a different reading.
What does "or both" mean when it follows a disjunctive list in the Code?
It signals that both the conjunctive and disjunctive readings apply, so the condition can be met by either alternative alone or by both together.
Can "or" ever be read to require both conditions in the Code of Civil Procedure?
Yes, when the context clearly indicates that reading, or when the article uses the specific "or both" phrasing Article 5056 describes.
Why does Article 5056 matter for reading a list of requirements in the Code?
Because whether the list is joined by "and" or "or" determines whether every item on it must be satisfied or only one, and Article 5056 supplies the default rule for making that call.
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: and versus or Louisiana Code of Civil ProcedureArticle 5056 Louisianaconjunctive disjunctive statutory interpretationor both meaning Louisiana civil procedurereading and or in Louisiana statutes