An exception is a means of defense, other than a denial or avoidance of the demand, used by the defendant, whether in the principal or an incidental action, to retard, dismiss, or defeat the demand brought against him.
Art. 921.Exception Defined
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 3. Exceptions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 921 defines an exception as a defendant's formal means of defense — distinct from a denial or an avoidance of the plaintiff's claim — used to retard, dismiss, or defeat the demand against him, whether in the principal suit or an incidental action.
Full Text of Art. 921
Plain-English Summary
An exception is Louisiana's name for a specific kind of defensive pleading. It isn't a denial — the defendant isn't yet arguing about who's right on the merits. And it isn't an avoidance, where the defendant admits the facts but points to some legal reason they don't matter. An exception is a third path: an objection aimed at the lawsuit itself, its timing, or the court's power to hear it.
Article 921 gives that objection three possible outcomes: it can retard the action (slow it down without killing it), dismiss it (end it, at least for now), or defeat it (end it for good). Which outcome applies depends on which of the three exceptions the defendant raises — Article 922 names them, and Article 923 explains what each one does.
The article also covers more than a single lawsuit between two parties. A defendant in an incidental action — a third-party demand, a cross-claim, a reconventional demand — has the same exception toolkit available as a defendant in the main suit. Anyone brought into a case as a defendant, however they got there, can raise an exception.
Frequently Asked Questions
What is an exception under Louisiana law?
It's a formal defense a defendant raises against a claim — one that challenges the lawsuit's timing, form, or the court's power to hear it, rather than arguing about the underlying facts. Louisiana law recognizes three kinds: declinatory, dilatory, and peremptory.
Is an exception the same thing as a motion to dismiss?
They serve some of the same purposes, but Louisiana's exception is its own device with its own rules on form, timing, and effect. Readers from common-law states will find the closest analog in the peremptory exception, covered in Article 927.
Who can file an exception?
Any defendant, whether in the main lawsuit or in an incidental action such as a third-party demand or reconventional demand, can raise an exception against the claim brought against him.
Can a plaintiff file an exception?
Not against his own claim. But a plaintiff can become a defendant in an incidental action — for example, when the original defendant files a reconventional demand — and in that role can raise exceptions the same way any defendant can.
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: what is an exceptionexception defined louisianalouisiana defense pleadingmotion to dismiss louisiana equivalent