4.1 General Principles

In summary proceedings, exceptions must be filed before trial and be disposed of at trial before the merits.1  If available, it is always a good idea to plead exceptions in an eviction, because doing so allows you to make your argument first. If successful, you can avoid getting to the merits of the case. Be sure to object if the court tries to move to the merits without disposing of your exception. Insist on a ruling. If the court denies the exception, object in order to preserve the record (if you are in a court of record).

• 1La. C.C.P. art 2593.