DEFENDANT’S ORIGINAL ANSWER AND GENERAL DENIAL

[// GUIDANCE: Louisiana ordinary proceedings require an Answer within 15 days after service of citation. See LA. CODE CIV. PROC. art. 1001. This template is drafted for ordinary proceedings in a Louisiana district court. Adapt time periods if an exception is filed or if the matter proceeds under summary or expedited procedures.]

TABLE OF CONTENTS

1. Document Header (Caption)
2. Preliminary Statement
3. Defined Terms
4. Jurisdictional & Procedural Allegations
5. General Denial
6. Specific Responses to Numbered Allegations
7. Affirmative Defenses
8. Reconventional Demand / Counterclaim (Optional)
9. Prayer for Relief
10. Verification (If Required)
11. Certificate of Service

1. DOCUMENT HEADER (CAPTION)

[COURT NAME]
STATE OF LOUISIANA
PARISH OF [PARISH]

[PLAINTIFF NAME], CIVIL ACTION NO. []
Plaintiff DIVISION “[_]”
v. SECTION “[]”
[DEFENDANT NAME],
Defendant JUDGE: [____]
Title: DEFENDANT’S ORIGINAL ANSWER AND GENERAL DENIAL
Filing Date: [DATE]
Counsel of Record: [DEFENSE COUNSEL NAME, BAR NO., FIRM, ADDRESS, PHONE, EMAIL]

2. PRELIMINARY STATEMENT

1. Pursuant to LA. CODE CIV. PROC. arts. 1001–1002, Defendant timely files this Answer within fifteen (15) days of service of citation.
2. Defendant appears subject to all objections, exceptions, and defenses, none of which are waived.
3. All allegations not expressly admitted are denied.

[// GUIDANCE: Retain “subject to” language to preserve the right to file dilatory/peremptory exceptions.]

3. DEFINED TERMS

“Plaintiff” – [PLAINTIFF NAME]
“Defendant” – [DEFENDANT NAME]
“Petition” – Plaintiff’s Original Petition/Complaint filed on [FILING DATE].

4. JURISDICTIONAL & PROCEDURAL ALLEGATIONS

1. Defendant admits venue is proper in this Court for purposes of this Answer only.
2. Defendant denies that this Court has personal jurisdiction over Defendant to any extent greater than permitted by law and reserves the right to contest same.

5. GENERAL DENIAL

Pursuant to LA. CODE CIV. PROC. art. 1005, and subject to the specific admissions set forth below, Defendant denies each and every allegation of the Petition, demands strict proof thereof, and prays that Plaintiff take nothing by its claims.

6. SPECIFIC RESPONSES TO NUMBERED ALLEGATIONS

[// GUIDANCE: Copy each paragraph of the Petition verbatim or by reference and immediately follow with “ADMITTED,” “DENIED,” or “DENIED FOR LACK OF SUFFICIENT INFORMATION.”]

1. Paragraph 1: [RESPONSE]
2. Paragraph 2: [RESPONSE]
3. Paragraph 3: [RESPONSE]
   …continue as needed…

7. AFFIRMATIVE DEFENSES

Without assuming any burden not imposed by law and reserving the right to amend, Defendant asserts the following affirmative defenses under LA. CODE CIV. PROC. art. 1005:

A. Failure to State a Cause of Action
B. Prescription / Statute of Limitations
C. Peremption
D. Accord and Satisfaction
E. Payment and Release
F. Res Judicata
G. Estoppel
H. Fraud
I. Failure of Consideration
J. Comparative / Contributory Fault
K. Waiver and Laches
L. Discharge in Bankruptcy
M. Force Majeure / Impossibility
N. Statutory Cap on Damages
O. Any and all other affirmative defenses that become apparent through discovery

[// GUIDANCE: Delete, modify, or supplement defenses to conform with facts. Louisiana requires affirmative defenses to be pleaded or they are waived.]

8. RECONVENTIONAL DEMAND / COUNTERCLAIM (OPTIONAL)

Pursuant to LA. CODE CIV. PROC. art. 1061, Defendant asserts the following reconventional demand against Plaintiff:

1. Parties – Defendant (as Reconventional Plaintiff) re-avers all preceding paragraphs.
2. Facts – [FACTUAL BASIS FOR COUNTERCLAIM]
3. Causes of Action – [BREACH OF CONTRACT / TORT / UNJUST ENRICHMENT / ETC.]
4. Damages – [ITEMIZATION]
5. Prayer – Defendant seeks judgment in its favor together with legal interest, costs, and all general and equitable relief.

[// GUIDANCE: Reconventional demands in Louisiana are compulsory if they arise out of the same transaction or occurrence. File simultaneously with the Answer when feasible.]

9. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully prays that:
1. Plaintiff’s demands be dismissed with prejudice at Plaintiff’s cost;
2. Judgment be rendered in favor of Defendant on all claims;
3. Defendant recover on any reconventional demand asserted herein;
4. Defendant be awarded costs of court, attorney fees where permitted, legal interest, and all general and equitable relief.

10. VERIFICATION (IF REQUIRED)

STATE OF LOUISIANA §
PARISH OF [PARISH] §

BEFORE ME, the undersigned Notary Public, personally appeared [DEFENDANT REPRESENTATIVE], who, being duly sworn, stated that he/she has read the foregoing Answer and General Denial and that the facts stated therein are true and correct to the best of his/her knowledge, information, and belief.

[DEFENDANT REPRESENTATIVE]

SWORN TO AND SUBSCRIBED before me this _ day of _, 20__, at ___, Louisiana.

NOTARY PUBLIC
My Commission Expires: _____
[// GUIDANCE: Louisiana does not require verification in most civil matters unless a statute specifically mandates it. Omit if unnecessary.]

11. CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Defendant’s Original Answer and General Denial was served on all counsel of record on this ___ day of ____, 20__, by [E-FILING SYSTEM / HAND DELIVERY / U.S. MAIL / EMAIL] in accordance with LA. CODE CIV. PROC. arts. 1313–1314 and applicable local rules.

[DEFENSE COUNSEL NAME]
Counsel for Defendant
Louisiana Bar No. [_]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]

[// GUIDANCE:
1. Check local court rules for formatting (font, margins) and electronic filing specifics.
2. Confirm whether the matter is an “ordinary” or “summary” proceeding; deadlines and pleading requirements differ.
3. If an exception (e.g., declinatory, dilatory, peremptory) is contemplated, file it prior to or simultaneously with this Answer to avoid waiver.
4. Update all placeholders prior to filing.
]