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Art. 864.Attorney Subject to Disciplinary Action

Book II. Ordinary Proceedings · Title I. Pleading · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 864 exposes an attorney to professional disciplinary action for a willful violation of Article 863's certification requirements or for inserting scandalous or indecent matter into a pleading.

Full Text of Art. 864

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An attorney may be subjected to appropriate disciplinary action for a wilful violation of any provision of Article 863, or for the insertion of scandalous or indecent matter in a pleading.

Plain-English Summary

Article 863 lets a court impose case-level sanctions, such as fees and costs, on a party or attorney who violates the pleading-certification requirements. Article 864 adds a separate track aimed at the attorney personally: professional discipline through the bar's disciplinary process.

Two things can trigger it. The first is a willful violation of Article 863 — meaning a deliberate breach of the certification duties, not ordinary carelessness. The second is independent of any certification issue: inserting scandalous or indecent matter into a pleading, a distinct guardrail on what content belongs in a filed court record.

Article 864 keeps litigation conduct subject to accountability that reaches beyond whatever the trial court can order within the case itself, since bar discipline addresses the attorney's fitness to practice rather than compensating the other side.

Frequently Asked Questions

Can an attorney face bar discipline for violating pleading rules in Louisiana?

Yes. Article 864 exposes an attorney to disciplinary action for a willful violation of Article 863 or for inserting scandalous or indecent matter into a pleading.

What is the difference between sanctions under Article 863 and discipline under Article 864?

Article 863 sanctions are case-level remedies a trial court can order, such as attorney fees. Article 864 discipline runs through the separate bar disciplinary process aimed at the attorney's professional standing.

What counts as scandalous or indecent matter in a pleading?

The Code does not define the term precisely, but it covers content that goes beyond what the case requires and is offensive or improper for a filed court record.

Does Article 864 apply to unrepresented parties?

No. It addresses attorney discipline specifically. An unrepresented party who violates Article 863 can still face the sanctions available under that article, but not bar discipline.

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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