When a plaintiff sues as an agent to enforce a right of his principal, or as a legal representative, his authority or qualification is presumed, unless challenged by the defendant by the timely filing of the dilatory exception. When so challenged, the plaintiff shall prove his authority or qualification on the trial of the exception.
Art. 700.Authority Or Qualification of Plaintiff Suing In Representative Capacity
Title III. Parties · Chapter 2. Parties Plaintiff · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 700 presumes that a plaintiff suing as an agent or other legal representative has the authority or qualification to do so, unless a defendant timely challenges it through the dilatory exception, at which point the plaintiff must prove that authority or qualification at the hearing on the exception.
Full Text of Art. 700
Plain-English Summary
Several articles in this chapter let someone sue in a representative capacity — an agent for a principal, a tutor for a minor, a curator for an interdict, a succession representative for an estate, and more. Article 700 addresses how that representative status gets tested in court. Rather than requiring proof of authority up front in every case, the article presumes the plaintiff's authority or qualification is valid, letting the suit proceed without an early evidentiary hurdle.
That presumption holds unless a defendant challenges it, and the article gives the defendant a specific tool and a specific deadline: the dilatory exception, Louisiana's procedural device for objections that can delay a suit's progress without necessarily ending it, filed within the time the law allows for a timely challenge. Once that exception is raised, the presumption falls away, and the plaintiff has the burden of proving their authority or qualification at the trial of the exception.
This structure keeps litigation moving in the ordinary case, where representative status is not in real dispute, while still giving a defendant a chance to test whether the person suing has the standing to represent the interest they claim to represent.
Frequently Asked Questions
Does a plaintiff suing as a legal representative have to prove that status right away?
No. Article 700 presumes the authority or qualification is valid unless a defendant challenges it through the dilatory exception.
What happens once a defendant challenges a plaintiff's authority to sue in a representative capacity?
The presumption of validity falls away, and the plaintiff must prove their authority or qualification at the trial of the dilatory exception.
What is the dilatory exception used for under Article 700?
It is the procedural vehicle a defendant uses to challenge a plaintiff's authority or qualification to sue as an agent or other legal representative.
Does Article 700 apply to a tutor, curator, or succession representative?
Yes. It applies whenever a plaintiff sues as an agent or in another legal representative capacity, which includes those roles defined elsewhere in this chapter.
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: dilatory exception representative capacity Louisianapresumption of authority to sue LouisianaArticle 700 Louisiana Code of Civil Procedurechallenging plaintiff authority to sueproving qualification as legal representative