A. The objections that may be raised through the declinatory exception include but are not limited to the following:
Art. 925.Objections Raised By Declinatory Exception; Waiver
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 3. Exceptions · Last amended 2023 · Last verified July 30, 2026
In one sentenceArticle 925 lists the objections a defendant raises through the declinatory exception — insufficient citation, insufficient service, lis pendens, improper venue, and lack of personal jurisdiction — and provides that all of them are waived if not raised in that exception.
Full Text of Art. 925
(1) Insufficiency of citation.
(4) Improper venue.
(5) The court's lack of jurisdiction over the person of the defendant.
(6) Repealed by Acts 2023, No. 5, 3. B. When two or more of these objections are pleaded in the declinatory exception, they need not be pleaded in the alternative or in any particular order. C. All objections that may be raised through the declinatory exception are waived unless pleaded therein.
Amendment History
Amended by Acts 2023, No. 5, §1, and 3, eff. 8/1/2023. Amended by Acts 2017, No. 419, §1, eff. 8/1/2017. Acts 1990, No. 521, §2, eff. 1/1/1991; Acts 1997, No. 578, §1; Acts 2006, No. 750, §1; Acts 2010, No. 407, §1.
Plain-English Summary
The declinatory exception is Louisiana's device for challenging whether this court, reaching this defendant, is the right forum for the case. Article 925 lists the objections it covers: insufficient citation, insufficient service of process (including a plaintiff's failure to request service on time), lis pendens (another suit already pending on the same cause between the same parties), improper venue, and the court's lack of jurisdiction over the defendant personally.
Readers used to federal practice will recognize the shape of these objections — personal jurisdiction, venue, and process defects all show up in Rule 12(b) motions. Louisiana gathers them under one procedural label instead of scattering them across a general motion-to-dismiss rule.
The waiver rule in Paragraph C carries the most consequence for a defendant's strategy. Every objection on this list is waived unless it's raised through the declinatory exception. A defendant who answers the suit and litigates it for months can't suddenly discover, later, that venue was wrong all along — that objection is gone unless it was raised at the start. Article 928 fixes exactly when "the start" has to happen.
When a defendant has more than one of these objections, Paragraph B frees him from having to guess at an order or plead them as alternatives — he can raise insufficient service and improper venue side by side in the same exception, in whatever order makes sense.
Frequently Asked Questions
What objections can a declinatory exception raise?
Insufficient citation, insufficient service of process, lis pendens, improper venue, and the court's lack of jurisdiction over the defendant. Article 925 lists these as examples, not as an exhaustive set.
What happens if a defendant doesn't raise a venue objection through the declinatory exception?
The objection is waived. Article 925(C) waives every declinatory objection that isn't pleaded through the exception, and Article 928 sets the deadline for pleading it.
What is lis pendens?
It's the objection that another lawsuit is already pending between the same parties over the same cause of action. Raising it through the declinatory exception asks the court to decline this second suit in favor of the first.
Do multiple declinatory objections need to be raised in a particular order?
No. Article 925(B) lets a defendant plead two or more declinatory objections together, in the same exception, without stating them as alternatives or ranking them in order.
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: declinatory exception louisianaimproper venue louisianainsufficient service of process louisianalack of personal jurisdiction louisianalis pendens louisiana