Except as otherwise provided by law, it is not necessary to allege the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a legal entity or an organized association of persons made a party. Such procedural capacity shall be presumed, unless challenged by the dilatory exception.
Art. 855.Pleading Special Matters; Capacity
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 1. General Dispositions · Last amended 2018 · Last verified July 30, 2026
In one sentenceArticle 855 presumes a party's procedural capacity to sue or be sued, a representative's authority to sue or be sued on another's behalf, and a named entity's legal existence, so none of these needs to be alleged unless another law requires it or the opposing side challenges it through a dilatory exception.
Full Text of Art. 855
Amendment History
Amended by Acts 2018, No. 195, §1, eff. 8/1/2018.
Plain-English Summary
Capacity to sue or be sued is a party's legal ability to appear as a plaintiff or defendant in a lawsuit. Article 855 presumes it exists, so a petition ordinarily does not need to allege that the plaintiff has capacity to sue, that the defendant has capacity to be sued, or that a party sued or suing in a representative capacity — an executor acting for an estate, for example — has the authority to do so.
The same presumption covers a named entity's legal existence. If a petition names a corporation, partnership, or other organized association as a party, it does not have to allege that the entity was validly formed and still exists; the law presumes that too, unless some other statute says otherwise for a particular kind of case.
A party who wants to dispute capacity, authority, or legal existence has to raise it through the dilatory exception, a preliminary objection under Louisiana practice raised before the case reaches the merits. Until someone raises that objection, the presumption stands and the plaintiff carries no burden to plead around it.
Frequently Asked Questions
Do I have to allege that I have legal capacity to sue in Louisiana?
No. Article 855 presumes procedural capacity to sue or be sued, so it generally does not need to be pled unless another law requires it for a specific type of case.
Do I need to plead that a defendant corporation legally exists?
No. A named entity's legal existence is presumed under Article 855 and does not need to be alleged in the petition.
What is a dilatory exception?
It is a preliminary objection in Louisiana practice used to raise procedural defects, including a challenge to a party's capacity or a representative's authority, before the case proceeds on the merits.
How does someone challenge a party's authority to sue in a representative capacity?
By raising a dilatory exception. Article 855 presumes that authority unless and until the opposing party challenges it that way.
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
Also known as: pleading capacity to sue Louisianadilatory exception capacityArticle 855 Louisianarepresentative capacity pleading Louisianalegal existence of entity pleading