Book II. Ordinary Proceedings · Title I. Pleading · Chapter 4. Written Motions · Last amended 2003 · Last verified July 30, 2026
In one sentenceArticle 967 sets the standards for summary judgment affidavits, requires an opposing party to come forward with specific facts rather than rest on the pleadings, allows a continuance when a party isn't yet able to obtain the facts it needs, and penalizes affidavits filed in bad faith or purely to delay.
Full Text of Art. 967
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A. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. The supporting and opposing affidavits of experts may set forth such experts' opinions on the facts as would be admissible in evidence under Louisiana Code of Evidence Article 702, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or by further affidavits.
B. When a motion for summary judgment is made and supported as provided above, an adverse party may not rest on the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided above, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be rendered against him. C. If it appears from the affidavits of a party opposing the motion that for reasons stated he cannot present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
D. If it appears to the satisfaction of the court at any time that any of the affidavits presented pursuant to this Article are presented in bad faith or solely for the purposes of delay, the court immediately shall order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney fees. Any offending party or attorney may be adjudged guilty of contempt.
Article 967 fills in the details Article 966 leaves to affidavit practice. Supporting and opposing affidavits have to rest on personal knowledge, state facts that would be admissible in evidence, and show the affiant is competent to testify to what's in them — no secondhand impressions or legal conclusions dressed up as fact. Expert affidavits get their own version of the rule: an expert can offer opinions on the facts, as long as those opinions would be admissible under the Louisiana Code of Evidence's expert-testimony standard, and the affidavit still has to show the expert is competent to testify. Documents mentioned in an affidavit have to be attached as sworn or certified copies, not just described.
Once a motion for summary judgment is properly supported, Paragraph B puts real pressure on the party opposing it. That party can't rest on the allegations or denials in its own pleadings — it has to respond with specific facts, by affidavit or otherwise, that show a genuine issue exists for trial. A party that doesn't respond that way risks summary judgment being entered against it, if the motion otherwise justifies it.
Paragraph C recognizes that a party sometimes isn't ready to respond yet — discovery may not have caught up to the motion. If the opposing party's affidavit explains why it can't yet present the facts it needs, the court can refuse the summary judgment application, order a continuance to let the party get affidavits, take depositions, or pursue discovery, or make whatever other order is just.
Paragraph D exists to discourage gamesmanship. If the court finds an affidavit was filed in bad faith or purely to cause delay, it has to order the party who filed it to pay the other side's reasonable expenses — including attorney fees — caused by that filing, and the offending party or attorney can be held in contempt on top of that.
Frequently Asked Questions
What does a summary judgment affidavit have to show?
That it's based on personal knowledge, states facts that would be admissible in evidence, and comes from someone competent to testify to those facts. Documents mentioned in the affidavit must be attached as sworn or certified copies.
Can a party opposing summary judgment just rely on its own pleadings?
No. Article 967(B) requires the opposing party to come forward with specific facts, by affidavit or otherwise, showing a genuine issue exists for trial.
What if a party isn't ready to respond to a summary judgment motion yet?
If it explains why by affidavit, the court can refuse the motion, order a continuance for further discovery, or make another order that's just under the circumstances.
What happens if an affidavit is filed in bad faith?
The court must order the filing party to pay the other side's reasonable expenses, including attorney fees, caused by the filing, and the party or attorney involved can be held in contempt.
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:summary judgment affidavits louisianaexpert affidavit summary judgmentcontinuance for discovery summary judgment