Except as otherwise provided in Article 3657, a petition may set forth two or more causes of action in the alternative, even though the legal or factual bases thereof may be inconsistent or mutually exclusive. In such cases all allegations shall be made subject to the obligations set forth in Article 863.
Art. 892.Alternative Causes of Action
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 2. Petition · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 892 lets a petition plead two or more causes of action in the alternative, even when they rest on inconsistent or mutually exclusive legal or factual theories, while still holding every alternative allegation to Article 863's certification obligations.
Full Text of Art. 892
Plain-English Summary
A plaintiff is not always sure at the outset which legal theory will hold up. Article 892 means they do not have to guess and commit to just one. A petition can set forth two or more causes of action side by side — breach of contract, and, if no valid contract turns out to exist, unjust enrichment, for example.
The theories can even contradict each other. Article 892 allows alternative pleading even where the legal or factual bases are inconsistent or mutually exclusive, because the plaintiff will ultimately recover, if at all, on only one of them, whichever the facts and the law support.
Alternative pleading is not a loophole around honesty in pleading. Article 892 expressly subjects every alternative allegation to the certification obligations of Article 863, so a party cannot pad a petition with theories that lack any good-faith basis just because the alternative-pleading rule permits inconsistency. A separate statutory exception, Article 3657, removes this option for certain actions.
Frequently Asked Questions
Can I plead two different legal theories in one Louisiana petition?
Yes. Article 892 allows a petition to set forth two or more causes of action in the alternative.
Do the alternative theories have to be consistent with each other?
No. Article 892 permits alternative theories even when their legal or factual bases are inconsistent or mutually exclusive.
Does pleading in the alternative excuse me from having a good-faith basis for each theory?
No. Article 892 subjects every alternative allegation to Article 863's certification requirements, so each theory still needs a good-faith basis in law and fact.
Is there any limit on alternative pleading in Louisiana?
Yes. Article 892 itself notes an exception under Article 3657 for certain actions, so the alternative-pleading rule is not unlimited.
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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