Art. 2163. Peremptory exception filed in appellate court; remand if prescription or peremption pleaded

           A. The appellate court may consider a peremptory exception filed for the first time in that court if the exception is pleaded prior to a submission of the case for a decision and if proof of the ground of the exception appears of record.

           B. If the ground for the peremptory exception pleaded in the appellate court is prescription or peremption, the plaintiff may demand that the case be remanded to the trial court for trial of the exception.

           Amended by Acts 2024, No. 371, §1, eff. August 1, 2024.