The function of the declinatory exception is to decline the jurisdiction of the court, while the dilatory exception merely retards the progress of the action, but neither exception tends to defeat the action. The function of the peremptory exception is to have the plaintiff's action declared legally nonexistent, or barred by effect of law, and hence this exception tends to dismiss or defeat the action.
Art. 923.Functions of Exceptions
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 3. Exceptions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 923 explains what each exception accomplishes: the declinatory exception declines the court's jurisdiction, the dilatory exception only slows the case down, and the peremptory exception can have the plaintiff's action declared nonexistent or barred and dismissed.
Full Text of Art. 923
Plain-English Summary
Naming the three exceptions in Article 922 only goes so far. Article 923 tells the reader what each one accomplishes once the court sustains it.
The declinatory exception challenges the court's own competence — its jurisdiction over the defendant, or whether this is the right court for the case. The dilatory exception targets a defect that slows the lawsuit's progress without threatening to end it — think of a petition that needs cleaning up, or a suit filed too soon. Article 923 draws a clean line: neither the declinatory nor the dilatory exception can defeat the plaintiff's action outright. At most, the case gets delayed, corrected, or moved to a different court.
The peremptory exception works differently. It argues the plaintiff's claim is legally nonexistent from the start, or that some rule of law now bars it — prescription and res judicata are the two most common examples, both covered in Article 927. Because it strikes at the claim's existence rather than its timing or venue, sustaining a peremptory exception can dismiss the case for good.
Frequently Asked Questions
Can a declinatory or dilatory exception end a lawsuit permanently?
No. Article 923 limits both to delaying or redirecting the action — declining the court's jurisdiction or slowing the case's progress. Neither one defeats the plaintiff's claim on its own.
What makes the peremptory exception different from the other two?
It attacks whether the plaintiff's claim exists at all, or whether the law now bars it. Because of that, sustaining a peremptory exception can end the case for good, not just delay it.
Does sustaining a declinatory exception always mean the case gets dismissed?
Not necessarily. Article 932 allows the court to transfer a case to the proper court instead of dismissing it, when the problem is improper jurisdiction or venue.
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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