For the purpose of testing the sufficiency of a pleading, allegations of time and place are material and shall be considered as all other allegations of material matter.
Art. 860.Same; Time and Place
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 860 makes allegations of time and place material facts for testing whether a Louisiana pleading is legally sufficient, putting them on the same footing as every other allegation of material matter.
Full Text of Art. 860
Plain-English Summary
Pleadings often mention dates and locations as background detail. Article 860 tells courts, and the parties drafting pleadings, to treat those details as material allegations when a pleading's sufficiency is tested — for example, on an exception of no cause of action.
That has real stakes. Timing can decide a case outright, such as whether a claim was filed within the applicable prescriptive period, and location can affect which law or venue applies. Because Article 860 makes time and place material, a party can rely on the dates and locations pled, and the opposing side can hold the pleader to them.
This dovetails with Article 854's numbered-paragraph, single-circumstance structure. Precise time and place allegations fit naturally into that format, and Article 860 makes clear that precision is worth the effort.
Frequently Asked Questions
Why do dates and locations matter in a Louisiana pleading?
Article 860 treats time and place as material allegations, meaning they count the same as any other essential fact when a court tests whether the pleading is legally sufficient.
Can a pleaded date affect whether my claim survives a challenge?
Yes, especially where timing determines whether a claim was brought within the applicable prescriptive period; the pleaded date can be dispositive.
Does Article 860 change how I should draft my petition?
It reinforces including specific time and place allegations where they matter, since Article 860 treats them as material facts rather than incidental detail.
What happens if I leave out the date or place of an event in my petition?
The pleading may lack a material allegation the claim depends on, which can leave it open to challenge for failing to state facts a court needs to test its sufficiency.
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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