Except as provided in Article79, an action against a partner of an existing partnership on an obligation of the latter, or on an obligation growing out of the partnership, shall be brought in any parish of proper venue as to the partnership.
Art. 78.Action Against Partners of Existing Partnership
Title I. Courts · Chapter 2. Venue · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 78 lets a plaintiff sue a partner of an existing partnership, on an obligation of that partnership, in any parish that is proper venue as to the partnership itself, except as Article 79 provides for dissolution suits.
Full Text of Art. 78
Plain-English Summary
Louisiana treats a partnership as a distinct legal person, separate from its individual partners, which is why the Code needs its own venue rule for suits against a partner personally rather than against the partnership entity. Article 78 lets a plaintiff who is suing a partner of an existing (not yet dissolved) partnership, on an obligation belonging to the partnership or growing out of it, bring that suit in any parish that would be a proper venue for suing the partnership itself.
The rule has one carve-out: Article 79, which governs actions to dissolve a partnership, sets its own venue rule for that specific kind of case. Outside of a dissolution action, Article 78's rule keeps venue for suits against individual partners lined up with venue for suits against the partnership they belong to.
Frequently Asked Questions
Why is there a separate venue rule for suing a partner instead of the partnership?
Because Louisiana law treats a partnership as its own distinct legal person, separate from the individual partners, so a suit against a partner personally needs its own venue rule tied back to the partnership.
Where can I sue a partner of an existing partnership on a partnership debt?
In any parish that is a proper venue for suing the partnership itself, under Article 78.
Does this rule apply to a suit to dissolve the partnership?
No. Article 79 sets a separate venue rule specifically for actions to dissolve a partnership, and Article 78 expressly defers to it.
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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