Art. 927. Objections raised by peremptory exception
A. The objections that may be raised through the peremptory exception include but
are not limited to the following:
(1) Prescription.
(2) Peremption.
(3) Res judicata.
(4) Nonjoinder of a party under Articles 641 and 642.
(5) No cause of action.
(6) No right of action, or no interest in the plaintiff to institute the suit.
(7) Discharge in bankruptcy.
(8) The court's lack of jurisdiction over the subject matter of the action.
B. Except as otherwise provided by Articles 1702(D), 4904(D), and 4921(C), the
court shall not supply the objection of prescription, which shall be specially pleaded. The
nonjoinder of a party, peremption, res judicata, discharge in bankruptcy, the failure to
disclose a cause of action or a right or interest in the plaintiff to institute the suit, or the
court's lack of jurisdiction over the subject matter of the action may be noticed by either the
trial or appellate court on its own motion. Once the objection of the lack of subject matter
jurisdiction is raised by the parties or noticed by the court on its own motion, the court shall
address the objection before ruling on any other matter. If an exception is noticed by the
appellate court on its own motion, the exception shall not be adjudicated without assigning
the matter for briefing and permitting the parties an opportunity to request oral argument.
Acts 1995, No. 662, §1; Acts 2008, No. 824, §1, eff. Jan. 1, 2009; Acts 2021, No.
259, §2; Acts 2023, No. 5, §1.