An application to the court for an order, if not presented in some other pleading, shall be by motion which, unless made during trial or hearing or in open court, shall be in writing.
Art. 961.Written Motion Required; Exception
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 4. Written Motions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 961 requires that any application to the court for an order be made by motion, and that the motion be in writing unless it's made during trial, at a hearing, or otherwise in open court.
Full Text of Art. 961
Plain-English Summary
Article 961 sets the baseline for how a party asks a Louisiana court to do something outside the ordinary flow of a petition or an answer. If a party wants an order from the court and isn't already asking for it through some other pleading, the request has to come by motion.
The writing requirement has one practical exception. A motion made during trial, at a hearing, or otherwise in open court doesn't need to be reduced to paper — the record of the proceeding captures it. Everything else has to be written, which sets up the more detailed formal requirements in Article 962.
Frequently Asked Questions
Does every request to a Louisiana court have to be a written motion?
Not if it's made during trial, at a hearing, or otherwise in open court. Outside of those settings, Article 961 requires the request to be a written motion.
What if a party wants an order the court can already grant based on a pleading already on file?
Article 961 only requires a motion when the application isn't already presented in some other pleading. If it is, a separate motion isn't necessary.
What comes next after filing a written motion?
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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