On the trial of the declinatory exception, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition, the citation, or return thereon. On the trial of the dilatory exception, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition.
Art. 930.Evidence On Trial of Declinatory and Dilatory Exceptions
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 3. Exceptions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 930 allows evidence at the hearing on a declinatory or dilatory exception whenever the grounds for the objection aren't already apparent from the petition, the citation, or the return of service.
Full Text of Art. 930
Plain-English Summary
Not every exception can be decided by reading the petition alone. Article 930 lets the court take evidence at the hearing on a declinatory or dilatory exception, but only to fill a gap — when the grounds for the objection don't already show up in the paperwork already in the record.
For the declinatory exception, that paperwork includes the petition, the citation, and the officer's return on the citation. If those documents already reveal, say, that service was defective, there's nothing left to prove — the court can rule from the record. But if the defect isn't obvious from the face of those documents, either side can put on evidence to support or challenge the objection.
The dilatory exception works the same way, except the court looks only to the petition itself. A claim of prematurity or improper cumulation might be obvious from what the plaintiff pleaded, or it might require evidence outside the four corners of the petition to establish. Article 930 lets the parties supply what the petition alone doesn't show.
Frequently Asked Questions
Can a party introduce evidence at a hearing on a declinatory exception?
Yes, but only when the grounds for the objection aren't already apparent from the petition, the citation, or the return of service. If those documents settle the question, no evidence is needed.
What documents does the court look to first on a dilatory exception?
The petition. If the grounds for the dilatory objection show up there, the court can decide the exception without additional evidence.
Why does Louisiana limit evidence at these hearings?
Because declinatory and dilatory exceptions are meant to resolve threshold procedural questions quickly. Limiting evidence to what's needed to fill a genuine gap in the record keeps these hearings from turning into mini-trials.
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: evidence at exception hearing louisianadeclinatory exception evidencedilatory exception evidence