Louisiana Code of Civil Procedure 2163 – Peremptory exception filed in appellate court; remand if prescription pleaded
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Terms Used In Louisiana Code of Civil Procedure 2163
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
The appellate court may consider the peremptory exception filed for the first time in that court, if pleaded prior to a submission of the case for a decision, and if proof of the ground of the exception appears of record.
If the ground for the peremptory exception pleaded in the appellate court is prescription, the plaintiff may demand that the case be remanded to the trial court for trial of the exception.