On the trial of the peremptory exception pleaded at or prior to the trial of the case, evidence may be introduced to support or controvert any of the objections pleaded, when the grounds thereof do not appear from the petition. When the peremptory exception is pleaded in the trial court after the trial of the case, but prior to a submission for a decision, the plaintiff may introduce evidence in opposition thereto, but the defendant may introduce no evidence except to rebut that offered by plaintiff. No evidence may be introduced at any time to support or controvert the objection that the petition fails to state a cause of action.
Art. 931.Evidence On Trial of Peremptory Exception
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 3. Exceptions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 931 governs what evidence the parties may introduce when a peremptory exception is tried, including a strict rule that no evidence at all may be introduced on the objection that the petition fails to state a cause of action.
Full Text of Art. 931
Plain-English Summary
The rules on evidence for the peremptory exception track when it's filed. If it's pleaded at or before the trial on the merits, either party can introduce evidence to support or challenge the objection, as long as the grounds aren't already clear from the petition. If it's filed after the trial has happened but before the case is submitted for decision, the roles narrow: the plaintiff may put on evidence opposing the exception, but the defendant who raised it can't introduce new evidence of his own — he can only rebut whatever the plaintiff offers.
One rule in Article 931 stands apart from the rest, and it's worth remembering on its own: no evidence may ever be introduced, at any stage, to support or challenge the objection that the petition fails to state a cause of action. That objection has to live or die on the petition's own words. The court reads what the plaintiff alleged, assumes it's all true, and asks whether those facts describe a legal claim — nothing outside the four corners of the petition comes into play.
That last rule is the clearest point of contact between Louisiana practice and the failure-to-state-a-claim motion familiar in federal court. Both ask the same narrow question on the same limited record: taking the pleaded facts as true, do they add up to something the law recognizes as a claim?
Frequently Asked Questions
Can evidence be introduced when a court decides whether a petition states a cause of action?
No. Article 931 bars evidence entirely on that specific objection. The court decides it from the petition's own allegations, taken as true, with nothing else considered.
What if the peremptory exception is filed after the trial on the merits?
The plaintiff can introduce evidence opposing it, but the defendant who filed the exception can only introduce evidence to rebut what the plaintiff offers, not new evidence of his own.
Does this evidence rule apply to every ground for a peremptory exception?
The no-evidence rule applies specifically to the no-cause-of-action objection. Other peremptory grounds, like prescription or res judicata, allow evidence when the grounds aren't already apparent from the petition.
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: no cause of action evidence ruleperemptory exception evidence louisianafailure to state a claim louisiana