Art. 893. Pleading of damages
A.(1) No specific monetary amount of damages shall be included in the allegations
or prayer for relief of any original, amended, or incidental demand. The prayer for relief
shall be for such damages as are reasonable in the premises except that if a specific amount
of damages is necessary to establish the jurisdiction of the court, the right to a jury trial, the
lack of jurisdiction of federal courts due to insufficiency of damages, or for other purposes,
a general allegation that the claim exceeds or is less than the requisite amount is required.
By interrogatory, an opposing party may seek specification of the amount sought as damages,
and the response may thereafter be supplemented as appropriate.
(2) If a petition is filed in violation of this Article, the claim for a specific monetary
amount of damages shall be stricken upon the motion of an opposing party, and the court
may award attorney fees and costs against the person who signed the petition, the party on
whose behalf the petition was filed, or both.
B. The provisions of Paragraph A of this Article shall not be applicable to a suit on
a conventional obligation, promissory note, open account, or other negotiable instrument, for
alimony or child support, on a tax claim, or in a garnishment proceeding.
C. The prohibitions in Paragraph A of this Article apply only to an original,
amended, or incidental demand. Evidence at trial or hearing of a specific monetary amount
of damages shall be adduced in accordance with the Louisiana Code of Evidence or other
applicable law.
Added by Acts 1988, No. 443, §1, eff. Jan. 1, 1989. Amended by Acts 1989, No.
724, §1, eff. July 8, 1989; Acts 1992, No. 332, §1; Acts 2004, No. 334, §1; Acts 2021, No.
259, §2.