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 filed within the applicable delay under La. Code Civ. Proc. art. 1001: ordinarily twenty-one (21) days after service of citation, or thirty (30) days if a discovery request was filed and served with the petition, subject to any applicable exception or court order. Any exceptions are asserted only if pleaded within the time and manner required by La. Code Civ. Proc. art. 928.

3. Defendant responds to each factual allegation in the numbered paragraphs below.

4. ☐ Defendant timely pleads the following exception(s), stating the type, factual grounds, and legal authority for each: [________________________________]. ☐ Defendant filed a separate, timely exception on [__/__/____]. Delete this paragraph if neither applies.

Important Louisiana Procedural Note: Under La. Code Civ. Proc. arts. 925 and 928, declinatory and dilatory exceptions must be pleaded before or in the Answer and before or with a pleading seeking relief, subject to the listed exceptions in art. 928(A). Lis pendens is a declinatory objection, not an affirmative-defense exception. A peremptory exception may be pleaded in the trial court before submission for decision under art. 928(B).

II. GENERAL DENIAL

5. Defendant denies each allegation identified as denied below and demands strict proof thereof at trial. Each response should fairly meet the substance of the corresponding allegation.

6. Under La. Code Civ. Proc. art. 1004, each factual allegation other than the amount of damages is admitted if it is not denied in the Answer. Complete the responses to every paragraph before filing.

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. Add a response for every additional numbered paragraph of the Petition before filing this Answer.

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(2): Three (3) years for arrearages of rent and annuities
   • La. Civ. Code art. 3493.1: Two (2) years for delictual actions, including defamation, subject to any applicable temporal-law rule
   • La. Civ. Code art. 3493.1: Generally two (2) years for delictual injury claims, including claims alleging toxic exposure; determine accrual and any applicable exception from the facts
   • La. R.S. 9:5628: One-year medical-malpractice period from the act or discovery, with a three-year outer period from the act; calculate any suspension under La. R.S. 40:1231.8(A)(2)(a) for a valid panel request
   • La. R.S. 9:5605: One-year period from the alleged act or actual/constructive discovery, with a three-year outside limit; both are peremptive under R.S. 9:5605(B), subject to the fraud exception in subsection (E)

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. Under the current version of La. Civ. Code art. 2323, effective January 1, 2026, negligence attributable to Plaintiff at 51% or greater bars recovery and negligence below 51% proportionally reduces recovery. If the event predates the amendment, Defendant pleads the version determined by Civil Code art. 6 and controlling temporal-law authority.

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 — Specific Comparative-Fault Conduct (If Applicable)

13. Plaintiff knew of [SPECIFIC HAZARD] and nevertheless [SPECIFIC CONDUCT]. Defendant alleges that this conduct was negligent under the circumstances and contributed to [IDENTIFIED INJURY OR LOSS]. Any reduction or bar based on Plaintiff's negligence is subject to the percentage findings and exceptions in La. Civ. Code art. 2323 and the temporal-law issue identified in the Fourth Affirmative Defense.

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 [IDENTIFY AND FACTUALLY SUPPORT: performance or payment, release, remission, novation, or compromise]. La. Civ. Code art. 1854 addresses extinction by performance; art. 3071 defines compromise. Identify the separate legal basis for any other selected defense.

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 requests leave to amend this Answer if investigation or discovery supports another defense. Article 1005 requires affirmative defenses to be set out in the Answer; a blanket reservation does not plead them. Declinatory objections, including lis pendens, are governed separately by arts. 925 and 928.

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. Plaintiff-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 Defendant-in-Reconvention's [________________________________], Plaintiff-in-Reconvention has suffered damages to be proven at trial, including but not limited to:

    • General damages: [describe the injury or loss without stating a dollar amount]
    • Special damages: [identify categories and supporting facts without stating a dollar amount]
    • Lost wages/income: [describe the period and basis without stating a dollar amount]
    • Other damages: [describe without stating a dollar amount]

RECONVENTIONAL COUNT II — [________________________________]

27. Plaintiff-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. Interest as allowed by applicable law;
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 — No Reconventional Demand Asserted

Defendant asserts no reconventional demand in this Answer. Select this option only after checking for claims arising from the same transaction or occurrence as the principal demand. A statement in an Answer does not reserve an omitted claim. An incidental demand filed after the Answer requires leave of court under La. Code Civ. Proc. art. 1033, subject to that article's exceptions.

IMPORTANT: Under La. Code Civ. Proc. art. 1061(B), a reconventional demand arising from the same transaction or occurrence as Plaintiff's principal demand generally must be asserted, subject to that article's exceptions. An unasserted claim may be precluded after final judgment under La. R.S. 13:4231.

VI. JURY DEMAND

☐ Defendant demands a trial by jury on all issues so triable, pursuant to La. Code Civ. Proc. art. 1731 et seq. Defendant understands that Article 1732 generally denies a jury trial when no individual petitioner's cause of action exceeds $10,000, exclusive of interest and costs, subject to statutory exceptions. 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, interest as allowed by applicable law, 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. Defendant preserves claims, defenses, and exceptions actually pleaded here or timely raised in another permitted filing, subject to the applicable pleading and waiver rules.

30. Defendant may seek leave to amend this Answer or plead additional demands if allowed by the applicable procedural rules. This reservation does not extend the deadline for any exception or preserve an objection that has not been timely pleaded.

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 generally due within 21 days after service of citation under La. Code Civ. Proc. art. 1001(A), or 30 days when a discovery request is filed and served with the petition
• Summary Proceedings: Under La. Code Civ. Proc. art. 2593, no answer is required unless another law provides otherwise. Exceptions must be filed before the time assigned for trial.
• Extension: Extensions of time may be obtained by motion or consent
• Default: Failure to timely answer may permit a default judgment under La. Code Civ. Proc. art. 1702 after the applicable answer delay expires. The plaintiff must establish a prima facie case with competent and admissible evidence admitted on the record and satisfy any required notice; there is no separate preliminary-default and confirmation step.

Louisiana Exceptions System

• Declinatory Exceptions (La. Code Civ. Proc. arts. 925, 928): Insufficiency of citation, lis pendens, insufficiency of service of process, lack of jurisdiction over the person, improper venue — plead at the time required by art. 928 or risk waiver
• 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. arts. 927, 928): Prescription, peremption, res judicata, nonjoinder of a party, no cause of action, no right of action — may be pleaded in the trial court before submission for decision

Louisiana Prescription (Statute of Limitations) Reference Table

Comparative Fault

• Current La. Civ. Code art. 2323 uses a modified 51% bar effective January 1, 2026; determine the governing version for an earlier event under Civil Code art. 6
• A plaintiff whose negligence is 51% or greater is barred from recovery; below 51%, recovery is reduced in proportion to the plaintiff's negligence. For an earlier event, determine the governing version under Civil Code art. 6 and controlling authority.
• 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 include reconventional demands, cross-claims, intervention, and third-party demands under La. Code Civ. Proc. art. 1031; consult the separate provisions beginning at arts. 1061, 1071, 1091, and 1111, respectively.

Electronic Filing

• For an attorney filing on or after January 1, 2026, La. Code Civ. Proc. art. 253(B)(2) permits in-person paper filing or electronic filing through a system established by the clerk or the Louisiana Clerks' Remote Access Authority. Check the clerk's accepted procedure and any applicable original-document exception before filing.
• 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)
• Local District Court Rules (verify for specific parish)