The pleadings allowed in civil actions, whether in a principal or incidental action, shall be in writing and shall consist of petitions, exceptions, written motions, and answers. No replicatory pleadings shall be used and all new matter alleged in exceptions, contradictory motions, and answers, whether in a principal or incidental action, shall be considered denied or avoided.
Art. 852.Pleadings Allowed; Replicatory Pleadings Prohibited
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 852 lists the only pleadings allowed in a Louisiana civil action — petitions, exceptions, written motions, and answers — bars any reply beyond those, and treats new matter raised in an exception, motion, or answer as automatically denied or avoided.
Full Text of Art. 852
Plain-English Summary
Louisiana keeps the list of allowed pleadings short. Article 852 names four: petitions, exceptions, written motions, and answers, whether they arise in the main action or in an incidental one. Nothing else counts as a pleading.
The article also bars what it calls replicatory pleadings — a formal reply to a reply, the kind of back-and-forth paper trail older pleading systems sometimes required. Once a defendant answers, or files an exception or motion, the plaintiff does not need to file anything further responding to it. Article 852 handles that automatically.
It does so by deeming any new matter raised in an exception, a contradictory motion, or an answer to be denied or avoided, whether the pleading arose in the principal action or an incidental one. The plaintiff does not have to file a written response to preserve the right to dispute a new fact or defense the other side raises; the law already treats it as contested.
Frequently Asked Questions
What pleadings does Louisiana allow in a civil case?
Four: petitions, exceptions, written motions, and answers. Article 852 confines every civil pleading, principal or incidental, to that list.
What is a replicatory pleading, and why does Louisiana ban it?
A replicatory pleading is a formal reply to a reply — another round of paper responding to what the other side just filed. Louisiana skips it; Article 852 already treats new matter in an exception, motion, or answer as denied or avoided without one.
Do I have to file something to deny new facts raised in the defendant's answer?
No. Article 852 automatically considers any new matter in an answer, exception, or contradictory motion to be denied or avoided, so no separate reply is required.
Does this rule apply to incidental actions too?
Yes. Article 852 applies whether the pleading arises in a principal action or an incidental one, such as a third-party demand.
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
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