Louisiana State Court Answer and General Denial

LOUISIANA STATE COURT ANSWER AND GENERAL DENIAL

CASE CAPTION

[________________________________] JUDICIAL DISTRICT COURT

FOR THE PARISH OF [________________________________]

STATE OF LOUISIANA

[________________________________],

Plaintiff

VERSUS

[________________________________],

Defendant

CIVIL ACTION NO. [________________________________]

DIVISION "[____]"

SECTION "[____]"

JUDGE: [________________________________]

DEFENDANT'S ORIGINAL ANSWER AND GENERAL DENIAL

TABLE OF CONTENTS

1. Preliminary Statement
2. General Denial
3. Specific Responses to Numbered Allegations
4. Affirmative Defenses
5. Reconventional Demand (Counterclaim)
6. Jury Demand
7. Prayer for Relief
8. Reservation of Rights
9. Verification
10. Certificate of Service
11. Signature Block

I. PRELIMINARY STATEMENT

1. Defendant [________________________________] ("Defendant"), through undersigned counsel, hereby files this Original Answer and General Denial in response to Plaintiff's Petition filed in the above-captioned matter.

2. This Answer is timely filed within fifteen (15) days after service of citation upon Defendant, in compliance with La. Code Civ. Proc. art. 1001 (ordinary proceedings). Defendant appears subject to and without waiving any objections, declinatory exceptions, dilatory exceptions, or peremptory exceptions that may be available.

3. All allegations of the Petition not expressly admitted herein are denied.

4. Defendant reserves all rights to file exceptions, including declinatory exceptions (La. Code Civ. Proc. art. 921 et seq.), dilatory exceptions (La. Code Civ. Proc. art. 926 et seq.), and peremptory exceptions (La. Code Civ. Proc. art. 927 et seq.), to the extent not waived by filing this Answer.

Important Louisiana Procedural Note: Under La. Code Civ. Proc. art. 928, declinatory exceptions and dilatory exceptions must be pleaded prior to or in the Answer, or they are waived. Peremptory exceptions, including prescription, may be filed at any time, including on appeal, but certain peremptory exceptions (e.g., no cause of action) are best raised early.

II. GENERAL DENIAL

5. Pursuant to La. Code Civ. Proc. art. 1003, Defendant generally denies each and every allegation, statement, matter, and thing contained in Plaintiff's Petition and demands strict proof thereof at trial. This general denial is made in good faith and encompasses all claims, causes of action, and requests for relief set forth in the Petition.

6. Under La. Code Civ. Proc. art. 1004, every allegation of the Petition not specifically admitted in this Answer shall be deemed denied.

III. SPECIFIC RESPONSES TO NUMBERED ALLEGATIONS

Pursuant to La. Code Civ. Proc. art. 1003, Defendant responds to the individually numbered paragraphs of the Petition as follows:

Paragraph 1:
☐ Admitted
☐ Denied
☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same

Response: [________________________________]

Paragraph 2:
☐ Admitted
☐ Denied
☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same

Response: [________________________________]

Paragraph 3:
☐ Admitted
☐ Denied
☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same

Response: [________________________________]

Paragraph 4:
☐ Admitted
☐ Denied
☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same

Response: [________________________________]

Paragraph 5:
☐ Admitted
☐ Denied
☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same

Response: [________________________________]

Paragraph 6:
☐ Admitted
☐ Denied
☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same

Response: [________________________________]

Paragraph 7:
☐ Admitted
☐ Denied
☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same

Response: [________________________________]

Paragraph 8:
☐ Admitted
☐ Denied
☐ Defendant lacks sufficient knowledge or information to admit or deny and therefore denies same

Response: [________________________________]

(Add or remove paragraph responses to correspond to each numbered paragraph of the Petition. Under La. Code Civ. Proc. art. 1004, every allegation of the Petition not denied in the Answer is considered admitted.)

7. To the extent any allegation of the Petition has not been specifically addressed above, such allegation is hereby denied.

IV. AFFIRMATIVE DEFENSES

Without admitting any liability whatsoever, without assuming any burden of proof not imposed by law, and expressly reserving the right to amend this Answer to add, modify, or withdraw defenses, Defendant asserts the following affirmative defenses under La. Code Civ. Proc. art. 1005:

FIRST AFFIRMATIVE DEFENSE — Prescription (Statute of Limitations)

8. Plaintiff's claims are barred, in whole or in part, by liberative prescription, including but not limited to:
   - La. Civ. Code art. 3493.1: Two (2) years for delictual actions (torts/personal injury), effective July 1, 2024 (formerly one year under repealed art. 3492)
   - La. Civ. Code art. 3499: Ten (10) years for contractual actions (breach of contract)
   - La. Civ. Code art. 3494(1): Three (3) years for actions for rent or periodic payments
   - La. Civ. Code art. 3496: One (1) year for actions for defamation
   - La. Civ. Code art. 3492.1: Three (3) years for toxic tort claims (with contra non valentem doctrine)
   - La. R.S. 9:5628: One (1) year for medical malpractice (with three-year peremptive period)
   - La. R.S. 9:5607: One (1) year for legal malpractice (with three-year peremptive period)

SECOND AFFIRMATIVE DEFENSE — Peremption

9. Plaintiff's claims are barred, in whole or in part, by peremption, which extinguishes the right itself and not merely the remedy. Unlike prescription, peremption may not be interrupted or suspended. See La. Civ. Code art. 3458 et seq.

THIRD AFFIRMATIVE DEFENSE — No Cause of Action

10. The Petition fails to state a cause of action as a matter of law, and should be dismissed pursuant to the peremptory exception of no cause of action under La. Code Civ. Proc. art. 927(A)(5).

FOURTH AFFIRMATIVE DEFENSE — Comparative Fault

11. Plaintiff's own negligence or fault directly and proximately contributed to any injuries or damages alleged. Pursuant to La. Civ. Code art. 2323, the degree of fault of all persons causing or contributing to the injury shall be determined, and any recovery shall be reduced in proportion to Plaintiff's percentage of fault. Louisiana applies a pure comparative fault system.

FIFTH AFFIRMATIVE DEFENSE — Fault of Third Parties / Non-Parties

12. The injuries and damages alleged, if any, were caused in whole or in part by the fault, negligence, or intentional acts of third parties over whom Defendant had no control and for whose conduct Defendant bears no liability.

SIXTH AFFIRMATIVE DEFENSE — Assumption of Risk

13. Plaintiff voluntarily assumed the risk of any injury or damage alleged in the Petition and is therefore barred or limited in recovery.

SEVENTH AFFIRMATIVE DEFENSE — Estoppel and Waiver

14. Plaintiff's claims are barred, in whole or in part, by the doctrines of estoppel and/or waiver based upon Plaintiff's conduct, representations, delay, or acquiescence.

EIGHTH AFFIRMATIVE DEFENSE — Accord and Satisfaction / Payment / Release

15. Plaintiff's claims are barred, in whole or in part, by accord and satisfaction, extinguishment by payment, release, remission, novation, or settlement. See La. Civ. Code arts. 1879-1905 (Extinguishment of Obligations).

NINTH AFFIRMATIVE DEFENSE — Failure of Consideration

16. Plaintiff's contractual claims, if any, are barred due to failure of consideration or absence of cause. See La. Civ. Code art. 1966 (Obligations without cause).

TENTH AFFIRMATIVE DEFENSE — Res Judicata

17. Plaintiff's claims are barred, in whole or in part, by the doctrine of res judicata. See La. R.S. 13:4231 et seq.

ELEVENTH AFFIRMATIVE DEFENSE — Fraud

18. Plaintiff's claims are based upon, arise from, or are tainted by fraud, error, or misrepresentation.

TWELFTH AFFIRMATIVE DEFENSE — Force Majeure / Impossibility

19. Performance was rendered impossible by a fortuitous event or force majeure beyond Defendant's control. See La. Civ. Code art. 1873.

THIRTEENTH AFFIRMATIVE DEFENSE — Failure to Mitigate Damages

20. Plaintiff failed to exercise reasonable diligence and ordinary care to minimize or mitigate damages, and any recovery should be reduced accordingly.

FOURTEENTH AFFIRMATIVE DEFENSE — Statutory Cap on Damages

21. To the extent applicable, Plaintiff's claims for damages are limited by statutory caps, including but not limited to the Louisiana Medical Malpractice Act (La. R.S. 40:1231.2) and other applicable limitations.

FIFTEENTH AFFIRMATIVE DEFENSE — Discharge in Bankruptcy

22. To the extent applicable, Plaintiff's claims have been discharged in bankruptcy proceedings.

SIXTEENTH AFFIRMATIVE DEFENSE — Reservation of Additional Defenses

23. Defendant reserves the right to assert additional affirmative defenses as may become known through investigation, discovery, or further analysis. Under La. Code Civ. Proc. art. 1005, except for prescription, res judicata, lis pendens, and lack of subject-matter jurisdiction, an affirmative defense not pleaded in the Answer is waived. Defendant therefore asserts all potentially applicable defenses in an abundance of caution.

V. RECONVENTIONAL DEMAND (COUNTERCLAIM)

(Select one of the following options:)

☐ Option A — Reconventional Demand Asserted

Pursuant to La. Code Civ. Proc. art. 1061, Defendant (now Plaintiff-in-Reconvention) asserts the following reconventional demand against Plaintiff (now Defendant-in-Reconvention):

RECONVENTIONAL COUNT I — [________________________________]

24. Defendant-in-Reconvention re-alleges and incorporates by reference all preceding paragraphs of this Answer as though fully set forth herein.

25. [________________________________]

26. As a direct and proximate result of Plaintiff-in-Reconvention's [________________________________], Defendant-in-Reconvention has suffered damages in an amount to be proven at trial, including but not limited to:
    - General damages: $[________________________________]
    - Special damages: $[________________________________]
    - Lost wages/income: $[________________________________]
    - Other damages: $[________________________________]

RECONVENTIONAL COUNT II — [________________________________]

27. Defendant-in-Reconvention re-alleges and incorporates by reference all preceding paragraphs.

28. [________________________________]

Prayer for Relief on Reconventional Demand:

WHEREFORE, Plaintiff-in-Reconvention respectfully prays that judgment be rendered in favor of Plaintiff-in-Reconvention and against Defendant-in-Reconvention as follows:
A. Compensatory damages in an amount to be determined at trial;
B. Legal interest from the date of judicial demand until paid, pursuant to La. Civ. Code art. 2000;
C. All costs of these proceedings;
D. Attorney's fees where permitted by contract or statute;
E. All general and equitable relief to which Plaintiff-in-Reconvention may be entitled.

☐ Option B — Reconventional Demand Reserved

Defendant asserts no reconventional demand at this time but expressly reserves the right to file a reconventional demand under La. Code Civ. Proc. art. 1061 et seq., upon completion of investigation and discovery, and requests leave to amend this Answer to include such claims.

IMPORTANT: Under La. Code Civ. Proc. art. 1061, a reconventional demand arising out of the same transaction or occurrence as Plaintiff's principal demand is compulsory and should be filed with the Answer when feasible to avoid potential waiver.

VI. JURY DEMAND

☐ Defendant demands a trial by jury on all issues so triable, pursuant to La. Code Civ. Proc. art. 1731 et seq. and Article I, Section 17 of the Louisiana Constitution of 1974. Defendant understands that a jury trial is available where the amount in dispute exceeds $50,000, exclusive of interest and costs. Defendant will timely post any required bond or deposit.

☐ Defendant does not demand a jury trial at this time but reserves all rights to make such demand within the time permitted by law.

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that this Honorable Court:

A. Dismiss Plaintiff's Petition with prejudice and at Plaintiff's cost;

B. Enter judgment in favor of Defendant and against Plaintiff on all claims asserted in the Petition;

C. Award Defendant all costs of these proceedings pursuant to La. Code Civ. Proc. art. 1920;

D. Award Defendant attorney's fees where permitted by contract, statute, or applicable law;

E. If a reconventional demand is asserted, enter judgment in favor of Defendant (Plaintiff-in-Reconvention) on all reconventional claims, together with compensatory damages, legal interest from the date of judicial demand until paid pursuant to La. Civ. Code art. 2000, and such other relief as justice requires;

F. Grant all general and equitable relief to which Defendant may be entitled.

VIII. RESERVATION OF RIGHTS

29. Nothing in this Answer shall be construed as a waiver of any right, defense, exception, claim, set-off, reconventional demand, or claim for indemnity, contribution, or insurance coverage that Defendant now has or may hereafter acquire.

30. Defendant reserves the right to amend this Answer and to assert additional defenses, exceptions, reconventional demands, cross-claims, or third-party demands as may become known through discovery, investigation, or further analysis.

31. Defendant further reserves all rights to file declinatory, dilatory, and peremptory exceptions under La. Code Civ. Proc. arts. 921-934, to the extent such exceptions have not been waived by the filing of this Answer.

IX. VERIFICATION

(Louisiana does not require verification in most civil matters unless a specific statute mandates it. Include only when required by statute or court order.)

STATE OF LOUISIANA

PARISH OF [________________________________]

BEFORE ME, the undersigned Notary Public, personally appeared [________________________________], who, being duly sworn, stated:

1. I am the Defendant in the above-captioned action (or I am the [________________________________] of the Defendant entity and am authorized to make this verification on its behalf).

2. I have read the foregoing Answer and General Denial.

3. The facts stated therein are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Printed Name: [________________________________]

Title: [________________________________]

SWORN TO AND SUBSCRIBED before me this [____] day of [________________________________], 20[____], at [________________________________], Louisiana.

Notary Public Signature: [________________________________]

Printed Name: [________________________________]

Notary Public ID / Bar Roll No.: [________________________________]

My Commission Expires: ☐ At Death (Louisiana Notary) | ☐ [__/__/____]

[NOTARY SEAL]

X. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Defendant's Original Answer and General Denial was served upon all counsel of record by the method(s) indicated below, in accordance with La. Code Civ. Proc. arts. 1313-1314 and applicable local rules:

Served Upon:

Name: [________________________________]

Firm: [________________________________]

Address: [________________________________]

City, State ZIP: [________________________________]

Email: [________________________________]

Method of Service:

☐ Louisiana Court Electronic Filing System
☐ United States Mail, First-Class, Postage Prepaid
☐ Hand / Personal Delivery
☐ Electronic Mail (by agreement of the parties)
☐ Facsimile Transmission to: [________________________________]
☐ Other: [________________________________]

Date of Service: [__/__/____]

Signature: [________________________________]

XI. SIGNATURE BLOCK

Respectfully submitted,

________________________________________

[________________________________], Esq.
Louisiana Bar Roll No. [________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], LA [________________________________] (City, ZIP)
Telephone: ([____]) [____]-[________________________________]
Facsimile: ([____]) [____]-[________________________________]
Email: [________________________________]

Counsel for Defendant [________________________________]

PRACTICE NOTES FOR LOUISIANA PRACTITIONERS

Critical Terminology Differences

• Louisiana uses "Petition" instead of "Complaint"
• "Reconventional Demand" instead of "Counterclaim"
• "Peremptory Exception" instead of "Motion to Dismiss"
• "Prescription" instead of "Statute of Limitations"
• "Peremption" (extinguishes the right itself; cannot be interrupted or suspended)
• "Parish" instead of "County"

Filing Deadlines

• Ordinary Proceedings: Answer due within 15 days after service of citation under La. Code Civ. Proc. art. 1001
• Summary Proceedings: Answer due within 10 days under La. Code Civ. Proc. art. 2632
• Extension: Extensions of time may be obtained by motion or consent
• Default: Failure to timely answer may result in a preliminary default under La. Code Civ. Proc. art. 1701; confirmation of default may follow after two days

Louisiana Exceptions System

• Declinatory Exceptions (La. Code Civ. Proc. art. 921): Insufficiency of citation, lis pendens, insufficiency of service of process, lack of jurisdiction over the person, improper venue — must be pleaded prior to or in the Answer or waived
• Dilatory Exceptions (La. Code Civ. Proc. art. 926): Prematurity, want of amicable demand, vagueness or ambiguity, lack of procedural capacity, nonconformity of the petition — must be pleaded prior to or in the Answer or waived
• Peremptory Exceptions (La. Code Civ. Proc. art. 927): Prescription, peremption, res judicata, nonjoinder of a party, no cause of action, no right of action — may be pleaded at any time (some even on appeal)

Louisiana Prescription (Statute of Limitations) Reference Table

Comparative Fault

• Louisiana follows a pure comparative fault system under La. Civ. Code art. 2323
• A plaintiff may recover even if the plaintiff's fault exceeds 50%, but recovery is reduced by the plaintiff's percentage of fault
• The trier of fact determines the percentage of fault of each party, including non-parties and settling parties

Reconventional Demand Considerations

• Compulsory reconventional demands under La. Code Civ. Proc. art. 1061 arise from the same transaction or occurrence and should be filed with the Answer
• Permissive reconventional demands may be asserted at the party's discretion
• Incidental demands (including reconventional demands, cross-claims, and third-party demands) are governed by La. Code Civ. Proc. arts. 1031-1069

Electronic Filing

• Most Louisiana district courts require electronic filing through the applicable parish e-filing system
• Verify local court rules for specific formatting, filing, and service requirements
• Maintain compliance with Louisiana Supreme Court rules regarding electronic signatures

SOURCES AND REFERENCES

• Louisiana Code of Civil Procedure, arts. 921-934 (Exceptions), 1001-1005 (Answers), 1061 (Reconventional Demand), 1313-1314 (Service), 1731 (Jury Trial)
• Louisiana Civil Code, arts. 2323 (Comparative Fault), 3458 et seq. (Peremption), 3493.1 (Delictual Prescription), 3499 (Contractual Prescription)
• Louisiana Revised Statutes, Title 9 (Civil Code Ancillaries)
• Louisiana Constitution of 1974, Article I, Section 17 (Right to Jury Trial)
• Local District Court Rules (verify for specific parish)