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Louisiana Exception of Prescription

Louisiana Exception of Prescription

Category:

Civil Procedure - Claims

State:

Louisiana

Control #:

LA-5241

Format:

Instant download

Description

An exception is a pleading that is filed to delay or dismiss a suit without entering into the merits of the action, and to demonstrate that the plaintiff has no right to bring it because the time period (prescription) during which it ought to have been brought has elapsed. A prescription is a time period the running of which creates or terminates rights. This example concerns a claim identified with unpaid invoices incurred more than three years prior to the commencement of this action, and is therefore prescribed by the prescription of three years. This example also includes a request and order that the Exceptor be permitted to prosecute this action without prior payment of costs or as they accrue and without giving bond for costs, according to the provisions of La. C.C.P. Article 5181.

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