When the failure to join a party is pleaded successfully in or noticed by a trial court, the latter may permit amendment of the petition so as to make him a party, and may reopen the case if it has been submitted and further evidence is necessary. When such failure is pleaded successfully in or noticed by an appellate court, the latter may remand the case for such amendment and further evidence.
Art. 646.Amendment of Petition to Join a Party
Title III. Parties · Chapter 1. Joinder · Enacted 1995 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 646 lets a trial court that finds a required party missing allow the plaintiff to amend the petition to add that person, reopening the case for further evidence if needed, and gives an appellate court the same power through a remand.
Full Text of Art. 646
Amendment History
Acts 1995, No. 662, §1.
Plain-English Summary
Article 646 supplies the fix once a court has determined, through Article 645, that a required party is missing from the case. Rather than treating nonjoinder as fatal, the article favors correction: a trial court can permit the petition to be amended so the missing person becomes a party, and if the case had already been submitted for decision, the court can reopen it to take whatever further evidence the new party's presence makes necessary.
The same approach carries through on appeal. If an appellate court is the one that notices the missing party, or the one before which the nonjoinder exception is pleaded successfully, it can remand the case to the trial court for that amendment and any additional evidence the amendment calls for, rather than resolving the appeal without the missing person ever having been part of the case.
This article reflects a preference running through the joinder articles: Louisiana courts favor bringing in the right parties and deciding a case in full over dismissing it for a defect that amendment can cure.
Frequently Asked Questions
Does a missing party always mean a case has to be dismissed?
No. Article 646 lets the court allow the petition to be amended to add the missing party instead of dismissing the case.
What happens if the case had already gone to the judge for a decision before the missing party is discovered?
The trial court can reopen the case to take further evidence once the new party has been added, rather than deciding the case without them.
Can an appellate court fix a nonjoinder problem, or only a trial court?
An appellate court can remand the case to the trial court for the petition to be amended and for further evidence, when it is the court that notices the missing party or before which the exception succeeds.
Who decides whether to allow the amendment under Article 646?
The trial court has that discretion at the trial level, and an appellate court exercises similar discretion when it remands the case for amendment.
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: amending petition to add missing party Louisianaremand to join a partyArticle 646 Louisiana Code of Civil Procedurefixing nonjoinder by amendmentreopening case for new party