HLS 14RS-532 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 603
BY REPRESENTATIVE ABRAMSON
CIVIL/PLEADINGS: To provide relative to exceptions
AN ACT1
To amend and reenact Code of Civil Procedure Articles 930 and 931, relative to exceptions;2
to provide for evidence on trial of exceptions; to provide for evidence that may be3
considered under certain circumstances; to provide for submission of and objections4
to evidence on trial of exceptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Articles 930 and 931 are hereby amended and7
reenacted to read as follows: 8
Art. 930. Evidence on trial of declinatory and dilatory exceptions9
A. On the trial of the declinatory exception, evidence may be introduced to10
support or controvert any of the objections pleaded, when the grounds thereof do not11
appear from the petition, the citation, or return thereon.12
B. On the trial of the dilatory exception, evidence may be introduced to13
support or controvert any of the objections pleaded, when the grounds thereof do not14
appear from the petition.15
C. Evidence cited in and attached to the pleading urging the exception is16
deemed admitted for the purposes of the trial of the exception unless excluded in17
response to an objection made in accordance with Paragraph D of this Article.18
D. Objections to evidence in support of an exception may be raised in19
memorandum or written motion to strike stating the specific grounds therefor. Any20
such memorandum or written motion to strike shall be served pursuant to Article21
1313 within the time limits provided in District Court Rule 9.9.22 HLS 14RS-532 ORIGINAL
HB NO. 603
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 931. Evidence on trial of peremptory exception1
A. On the trial of the peremptory exception pleaded at or prior to the trial of2
the case, evidence may be introduced to support or controvert any of the objections3
pleaded, when the grounds thereof do not appear from the petition.4
B. When the peremptory exception is pleaded in the trial court after the trial5
of the case, but prior to a submission for a decision, the plaintiff may introduce6
evidence in opposition thereto, but the defendant may introduce no evidence except7
to rebut that offered by plaintiff.8
C. No evidence may be introduced at any time to support or controvert the9
objection that the petition fails to state a cause of action.10
D. Evidence cited in and attached to the pleading urging the exception is11
deemed admitted for the purposes of the trial of the exception unless excluded in12
response to an objection made in accordance with Paragraph E of this Article.13
E. Objections to evidence in support of an exception may be raised in14
memorandum or written motion to strike stating the specific grounds therefor. Any15
such memorandum or written motion to strike shall be served pursuant to Article16
1313 within the time limits provided in District Court Rule 9.9.17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 603
Abstract: Provides that evidence cited in and attached to the pleading urging the exception
is deemed admitted for the purposes of the trial of the exception unless excluded in
response to an objection and provides the procedure for raising the objection.
Present law provides for introduction of evidence to support or controvert any of the
objections pleaded in a trial on exceptions.
Proposed law retains present law and provides that evidence cited in and attached to the
pleading urging the exception is deemed admitted for the purposes of the trial of the
exception unless excluded in response to an objection and provides the procedure for raising
the objection.
(Amends C.C.P. Arts. 930 and 931)