The failure to join a party to an action may be pleaded in the peremptory exception, or may be noticed by the trial or appellate court on its own motion.
Art. 645.Pleading Nonjoinder of a Party
Title III. Parties · Chapter 1. Joinder · Enacted 1995 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 645 explains how a missing required party gets raised in court, allowing a defendant to plead the failure to join through the peremptory exception or allowing a trial or appellate court to notice the gap on its own.
Full Text of Art. 645
Amendment History
Acts 1995, No. 662, §1.
Plain-English Summary
Identifying that a lawsuit is missing a required party is only half the problem — Article 645 covers how that gap gets before a judge. A defendant who believes the plaintiff has left out someone who belongs in the case can raise it through the peremptory exception, Louisiana's procedural vehicle for objections that can end or reshape a suit on threshold grounds, rather than through an answer addressing the merits.
The article also gives courts their own authority to act. A trial court, or even an appellate court reviewing the case later, can notice the missing party on its own motion, without waiting for a defendant to raise it. That matters because joinder problems affect more than the litigants in front of the court — an absent person's rights, or the risk of conflicting judgments, can call for attention even if no party objects.
Once nonjoinder is pleaded successfully or noticed by the court, Article 646 sets out what happens next: amendment of the petition to add the missing party, and, where needed, reopening the case for more evidence.
Frequently Asked Questions
What is the peremptory exception used for under Article 645?
It is the procedural device a defendant uses to raise the failure to join a required party, asking the court to address the gap before the case proceeds further on the merits.
Can a court raise a missing-party problem if neither side mentions it?
Yes. Article 645 lets a trial or appellate court notice the failure to join a required party on its own, without a party having to plead it.
Does a successful nonjoinder exception end the case for good?
Not necessarily. Article 646 lets the court allow the petition to be amended so the missing party can be added, rather than dismissing the case outright.
Who can raise a nonjoinder objection — only the original defendant?
Any defendant in the case can raise it through the peremptory exception, and the court itself can raise the issue at the trial or appellate level.
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
Also known as: peremptory exception nonjoinder Louisianahow to raise missing party in lawsuitArticle 645 Louisiana Code of Civil Procedurefailure to join a partycourt notices missing party on its own motion