§ Art. 925 Objections raised by declinatory exception; waiver
Art. 925. Objections raised by declinatory exception; waiver
A. The objections which may be raised through the declinatory exception include but are not limited to the following:
(1) Insufficiency of citation.
(2) Insufficiency of service of process, including failure to request service of citation on the defendant within the time prescribed by Article 1201(C), or failure to request service of petition within the time prescribed by Article 3955.
(3) Lis pendens.
(4) Improper venue.
(5) The court's lack of jurisdiction over the person of the defendant.
(6) The court's lack of jurisdiction over the subject matter of the action.
B. When two or more of these objections are pleaded in the declinatory exception, they need not be pleaded in the alternative or in any particular order.
C. All objections which may be raised through the declinatory exception, except the court's lack of jurisdiction over the subject matter of the action, are waived unless pleaded therein.
PROSPECTIVE APPLICATION; COMMENTS--ACTS 2010, NO. 407
Sections 2 and 3 of Acts 2010, No. 407 (§ 1 of which amended subpar. (A)(2) of this article) provide:
“Section 2. The provisions of this Act shall be applied prospectively only.
“Section 3. The Louisiana State Law Institute is hereby directed to prepare comments to the provisions of this Act.”
LOUISIANA STATE LAW INSTITUTE NOTE--2011 COMMENTS
Acts 2010, No. 407, amended Articles 925(A)(2) and 1672(C), and enacted Article 3955. The legislation was enacted without the involvement of the Louisiana State Law Institute. Section 3 of the Act directed the Law Institute to prepare comments.