In pleading fraud or mistake, the circumstances constituting fraud or mistake shall be alleged with particularity. Malice, intent, knowledge, and other condition of mind of a person may be alleged generally.
Art. 856.Same; Fraud, Mistake, Or Condition of the Mind
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 856 requires a party alleging fraud or mistake to plead the circumstances behind it with particularity, while allowing malice, intent, knowledge, and other conditions of mind to be alleged in general terms.
Full Text of Art. 856
Plain-English Summary
Fraud and mistake get a heightened pleading standard in Louisiana. A party alleging either one has to plead the surrounding circumstances with particularity — what was said or done, by whom, and how it produced the fraud or mistake — rather than resting on a bare conclusory claim that the other side acted fraudulently or that a mistake occurred.
That heightened standard makes sense given the stakes: an accusation of fraud carries real weight, and the defendant is entitled to know precisely what conduct is being described before having to answer for it.
Article 856 draws a sharp line against a party's inner mental state. Malice, intent, knowledge, and other conditions of mind can be alleged generally, because a plaintiff rarely has direct proof of what someone else was thinking before discovery gets underway. The law does not demand detail that is not yet available.
Frequently Asked Questions
How specific must a fraud allegation be in a Louisiana petition?
Article 856 requires the circumstances constituting the fraud to be alleged with particularity — the specific conduct involved — rather than a general accusation that fraud occurred.
Can I just allege that the defendant acted with intent, without giving detail?
Yes. Malice, intent, knowledge, and other conditions of mind may be alleged generally under Article 856, unlike fraud or mistake.
What happens if fraud is pled too generally in Louisiana?
A pleading that alleges fraud only in conclusory terms, without the particular circumstances behind it, does not satisfy Article 856 and can be challenged for that defect.
Does Article 856 apply to mistake claims as well as fraud?
Yes. Both fraud and mistake require the circumstances to be pled with particularity under this article.
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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