Book II. Ordinary Proceedings · Title I. Pleading · Chapter 3. Exceptions · Last amended 1997 · Last verified July 30, 2026
In one sentenceArticle 929 requires exceptions pleaded before or in the answer to be tried and decided ahead of the trial on the merits, and sets separate rules for when a peremptory exception filed later in the case gets tried.
Full Text of Art. 929
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A. The declinatory exception, the dilatory exception, and the peremptory exception when pleaded before or in the answer shall be tried and decided in advance of the trial of the case.
B. If the peremptory exception has been filed after the answer, but at or prior to the trial of the case, it shall be tried and disposed of either in advance of or on the trial of the case. If the peremptory exception has been pleaded after the trial of the case, the court may rule thereon at any time unless the party against whom it has been pleaded desires and is entitled to introduce evidence thereon. In the latter event, the peremptory exception shall be tried specially.
Amendment History
Acts 1987, No. 169, §1; Acts 1997, No. 1055, §1.
Plain-English Summary
Once an exception is filed on time, Article 929 decides when the court hears it. The default rule, in Paragraph A, is direct: any declinatory, dilatory, or peremptory exception pleaded before or in the answer gets tried and decided ahead of the trial on the merits. The idea is to clear procedural and threshold questions off the table first, so the court and the parties aren't preparing a merits trial that a sustained exception might make unnecessary.
Because the peremptory exception can be filed later than the other two, Paragraph B gives it its own set of rules. A peremptory exception filed after the answer, but before trial, still gets tried and disposed of — either ahead of the merits trial or during it. One filed after the trial has already happened is different again: the court can rule on it at any time, unless the party facing the exception wants to, and is entitled to, put on evidence in response. In that situation, the exception gets its own separate trial rather than being decided on the papers.
Frequently Asked Questions
When does a Louisiana court hear an exception filed before the answer?
Ahead of the trial on the merits. Article 929(A) requires the declinatory, dilatory, and peremptory exceptions, when pleaded before or in the answer, to be tried and decided before the case goes to trial.
What if a peremptory exception is filed after the answer?
It's still tried and disposed of, either before or during the trial on the merits, as long as it's filed before or at the trial. Article 929(B) governs this timing.
Can a peremptory exception be filed after the trial has already happened?
Yes, as long as it's before the case has been submitted for a decision. The court can rule on it anytime unless the opposing party wants to introduce evidence against it, in which case the exception gets a separate trial.
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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