Louisiana Answer, Reconventional Demand, and Cross-Claim

LOUISIANA ANSWER AND RECONVENTIONAL DEMAND (AND INCIDENTAL CROSS-CLAIM)

1. CAPTION

[________________________________] JUDICIAL DISTRICT COURT

FOR THE PARISH OF [________________________________]

STATE OF LOUISIANA

Civil Action No.: [________________________________]

Division "[____]" Section "[____]"

Judge: [________________________________]

ANSWER AND RECONVENTIONAL DEMAND OF DEFENDANT [DEFENDANT NAME], AND INCIDENTAL CROSS-CLAIM

2. INTRODUCTION

NOW INTO COURT, through undersigned counsel, comes Defendant [DEFENDANT NAME] ("Defendant" or "Plaintiff-in-Reconvention"), who, in addition to answering Plaintiff's Petition (set forth in the accompanying or incorporated Answer), asserts the following Reconventional Demand against Plaintiff pursuant to La. Code Civ. Proc. arts. 1061 through 1066, and the following incidental Cross-Claim against Co-Defendant [CO-DEFENDANT NAME] pursuant to La. Code Civ. Proc. arts. 1071 through 1078.

3. PARTIES; ART. 1061(B) CLASSIFICATION

3.1. Plaintiff-in-Reconvention [DEFENDANT NAME] is [an individual domiciled in / a (corporation/LLC) organized under the laws of] [STATE], [with its principal business establishment / domiciled] in the Parish of [________________________________], Louisiana.

3.2. Defendant-in-Reconvention [PLAINTIFF NAME] is the Plaintiff in the principal action.

3.3. Cross-Claim Defendant [CO-DEFENDANT NAME] is a co-party of Plaintiff-in-Reconvention in the principal action.

3.4. Reconventional-demand classification under art. 1061 (select one):

☐ Compulsory under art. 1061(B). This reconventional demand arises out of the transaction or occurrence that is the subject matter of the principal action. Except as provided in art. 3657 and except in certain divorce/filiation actions (Civil Code arts. 102, 103, 186), La. Code Civ. Proc. art. 1061(B) requires the defendant to assert in a reconventional demand all causes of action arising out of that transaction or occurrence.

☐ Permissive under art. 1061(A). This reconventional demand asserts a cause of action that Plaintiff-in-Reconvention may have against Plaintiff, which may be asserted even though both parties are domiciled in the same parish and regardless of connexity between the principal and reconventional demands. See La. Code Civ. Proc. art. 1061(A).

3.5. Cross-claim classification. This incidental Cross-Claim is asserted under La. Code Civ. Proc. art. 1071 because it arises out of the transaction or occurrence that is the subject matter of the original action or of a reconventional demand, or relates to property that is the subject matter of the original action. It may include a demand that the co-party is or may be liable to the cross-claimant for all or part of the demand asserted against the cross-claimant.

4. JURISDICTION AND VENUE

4.1. This Court is a court of general original jurisdiction under Article V, § 16 of the Louisiana Constitution of 1974 and has jurisdiction over this reconventional demand and incidental cross-claim.

4.2. Venue is proper in the Parish of [________________________________] because [the principal action is properly pending here / venue lies here under La. Code Civ. Proc. arts. 42 et seq.]. An incidental demand is generally ancillary to the principal action for venue purposes.

4.3. Citation of the Defendant-in-Reconvention is not necessary; the reconventional demand shall be served in the manner prescribed by La. Code Civ. Proc. art. 1314. See La. Code Civ. Proc. art. 1063.

5. FACTUAL ALLEGATIONS

5.1. [________________________________]

5.2. On or about [__/__/____], [________________________________].

5.3. [________________________________]

5.4. [________________________________]

5.5. As a direct result of the conduct described above, Plaintiff-in-Reconvention has sustained damages in an amount to be proven at trial.

6. RECONVENTIONAL DEMAND AGAINST PLAINTIFF

COUNT I — BREACH OF CONTRACT (Against Defendant-in-Reconvention)

6.1. Plaintiff-in-Reconvention re-alleges and incorporates paragraphs 5.1 through 5.5 as if fully set forth herein.

6.2. Plaintiff-in-Reconvention and Defendant-in-Reconvention entered into a valid and enforceable contract on or about [__/__/____], under which Defendant-in-Reconvention undertook the obligation to [describe obligation].

6.3. Plaintiff-in-Reconvention performed, or was excused from performing, its own obligations under the contract.

6.4. Defendant-in-Reconvention failed to perform / actively breached its obligation by [describe breach], and was placed in default to the extent required by La. Civ. Code arts. 1989-1994.

6.5. As a result of that breach, Plaintiff-in-Reconvention has sustained damages in an amount to be proven at trial, together with legal interest from the date of judicial demand under La. Civ. Code art. 2000.

COUNT II — UNJUST ENRICHMENT (Against Defendant-in-Reconvention, Pleaded Subsidiarily)

6.6. Plaintiff-in-Reconvention re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

6.7. Defendant-in-Reconvention has been enriched, Plaintiff-in-Reconvention has been impoverished, there is a connection between the enrichment and the impoverishment, there is no justification or cause for the enrichment, and Plaintiff-in-Reconvention has no other remedy at law. See La. Civ. Code art. 2298.

6.8. Plaintiff-in-Reconvention is entitled to restitution in an amount to be proven at trial.

COUNT III — [OTHER CAUSE OF ACTION] (Against Defendant-in-Reconvention)

6.9. Plaintiff-in-Reconvention re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

6.10. [State the cause of action and supporting facts.] [________________________________]

6.11. As a result, Plaintiff-in-Reconvention has sustained damages in an amount to be proven at trial.

7. INCIDENTAL CROSS-CLAIM AGAINST CO-DEFENDANT

COUNT IV — INDEMNIFICATION AND CONTRIBUTION (Against Co-Defendant [CO-DEFENDANT NAME])

7.1. Plaintiff-in-Reconvention (the "Cross-Claimant") re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

7.2. This Cross-Claim arises out of the transaction or occurrence that is the subject matter of the original action, as contemplated by La. Code Civ. Proc. art. 1071.

7.3. If Cross-Claimant is cast in judgment in favor of Plaintiff — which is expressly denied — such liability results from the fault, acts, or omissions of Cross-Claim Defendant [CO-DEFENDANT NAME], who is or may be liable to Cross-Claimant for all or part of any judgment rendered against Cross-Claimant.

7.4. Cross-Claimant is entitled to [contractual or legal indemnification] and/or [an apportionment of fault under La. Civ. Code art. 2323] from Cross-Claim Defendant.

7.5. Comparative-fault note. Current La. Civ. Code art. 2323 uses a modified 51% bar effective January 1, 2026; an earlier event requires temporal-law analysis under Civil Code art. 6. The percentage of fault of all persons causing or contributing to the injury or loss is determined, and liability is generally several rather than solidary as to negligence-based fault.

COUNT V — [OTHER CROSS-CLAIM] (Against Co-Defendant)

7.6. Cross-Claimant re-alleges and incorporates the preceding paragraphs as if fully set forth herein.

7.7. [________________________________]

8. PRAYER FOR RELIEF

WHEREFORE, Defendant / Plaintiff-in-Reconvention / Cross-Claimant respectfully prays that:

A. After due proceedings, there be judgment in favor of Plaintiff-in-Reconvention and against Defendant-in-Reconvention on the Reconventional Demand, for compensatory damages in an amount to be proven at trial;

B. There be judgment on the incidental Cross-Claim in favor of Cross-Claimant and against Co-Defendant [CO-DEFENDANT NAME] for indemnification and/or contribution, with apportionment of fault under La. Civ. Code art. 2323;

C. Plaintiff-in-Reconvention be awarded legal interest from the date of judicial demand until paid, pursuant to La. Civ. Code art. 2000;

D. Plaintiff-in-Reconvention be awarded all costs of these proceedings, and attorney's fees where authorized by contract or statute;

E. The Court grant all general and equitable relief to which Plaintiff-in-Reconvention may be entitled.

9. JURY DEMAND

☐ Plaintiff-in-Reconvention demands a trial by jury on all issues so triable.

☐ Plaintiff-in-Reconvention does not demand a jury trial at this time and reserves all rights to make such a demand within the time permitted by law.

10. VERIFICATION (IF REQUIRED)

STATE OF LOUISIANA

PARISH OF [________________________________]

BEFORE ME, the undersigned Notary Public, personally appeared [NAME], who, being duly sworn, stated that [he/she] is the [Defendant / authorized representative of the Defendant entity]; that [he/she] has read the foregoing Reconventional Demand and Cross-Claim; and that the facts stated therein are true and correct to the best of [his/her] knowledge, information, and belief.

Signature: [________________________________]
Printed Name: [________________________________]

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

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

11. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], La. Bar Roll No. [________________________________]
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], LA [ZIP]
Telephone: [NUMBER]
Email: [EMAIL]
Counsel for Defendant / Plaintiff-in-Reconvention / Cross-Claimant

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Answer and Reconventional Demand, and incidental Cross-Claim, was served upon all counsel and parties of record in accordance with La. Code Civ. Proc. arts. 1313-1314 (and, as to the reconventional demand, art. 1063, citation being unnecessary), by the method(s) indicated below:

☐ Louisiana court electronic filing system (electronic service)
☐ United States Mail, first-class, postage prepaid
☐ Hand / personal delivery
☐ Electronic mail (by agreement of the parties)
☐ Facsimile transmission
☐ Other: [________________________________]

Served upon:

Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Email: [________________________________]

[________________________________]
[ATTORNEY NAME]

13. LOUISIANA PRACTICE NOTES

• Terminology. Louisiana is a civil-law jurisdiction. A counterclaim is a "reconventional demand"; a cross-claim is an incidental "cross-claim"; a complaint is a "petition"; a county is a "parish." Both are "incidental demands" under La. Code Civ. Proc. art. 1031 (which also include intervention and third-party demands).
• Reconventional demand — governing articles. La. Code Civ. Proc. art. 1061(A) permits any cause of action against the plaintiff regardless of connexity (permissive); art. 1061(B) requires assertion of all causes of action arising out of the same transaction or occurrence (the closest analog to a compulsory counterclaim), with exceptions for art. 3657 and certain divorce/filiation actions. Art. 1062 governs pleading compensation (set-off); art. 1063 provides that the reconventional demand is served under art. 1314 and citation is unnecessary; art. 1066 allows an after-acquired or after-matured action to be asserted by supplemental pleading with leave of court.
• Cross-claims. La. Code Civ. Proc. art. 1071 governs cross-claims against a co-party; art. 1073 permits joining persons not already parties to a cross-claim.
• Trial court. The District Court is the court of general original jurisdiction (La. Const. art. V, § 16).
• Deadline. In ordinary proceedings, the answer is due within 15 days after service of citation (La. Code Civ. Proc. art. 1001); summary proceedings have shorter delays.
• Comparative fault. The current version of La. Civ. Code art. 2323, effective January 1, 2026, bars recovery at 51% or greater claimant negligence and proportionally reduces recovery below 51%. For an earlier event, determine the governing version under Civil Code art. 6 and controlling temporal-law authority.
• Jury right is limited. Under La. Code Civ. Proc. art. 1732, a jury trial is not available unless the amount of an individual party's cause of action exceeds the statutory threshold (verify the current amount). Certain matters are excluded from jury trial entirely.
• Legal interest. On contractual money obligations, legal interest runs from the date of judicial demand under La. Civ. Code art. 2000.

14. SOURCES AND REFERENCES

• La. Code Civ. Proc. art. 1031 (Incidental demands) — https://legis.la.gov/
• La. Code Civ. Proc. art. 1061 (Reconventional demand; compulsory) — https://www.legis.la.gov/legis/Law.aspx?d=111121
• La. Code Civ. Proc. arts. 1062, 1063, 1066 (Reconvention — compensation, service, after-acquired actions)
• La. Code Civ. Proc. arts. 1071, 1073 (Cross-claims; additional parties)
• La. Code Civ. Proc. art. 1001 (Answer — delay for filing)
• La. Code Civ. Proc. arts. 1313, 1314 (Service of pleadings)
• La. Code Civ. Proc. art. 1732 (Limitation upon jury trials)
• La. Civ. Code art. 2323 (Comparative fault); art. 2000 (Legal interest); art. 2298 (Enrichment without cause)
• Louisiana State Legislature — https://legis.la.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A Louisiana-licensed attorney must review and customize this document before filing. Louisiana civil-law terminology and procedure differ substantially from common-law jurisdictions; verify all citations, deadlines, and the current jury threshold before use.