Background
Plaintiff Dean A. Smith filed a petition for damages against multiple defendants, alleging defamation. Some of the defendants—Gray Media Group, Inc., Capital City Press, LLC, and Pointe Coupee Printing and Publishing Company, Inc.—initially asserted a peremptory exception raising the objection of no cause of action in their answers. Later, during a hearing on a co-defendant’s separate motions, counsel for these defendants orally moved to dismiss his clients based on a peremptory exception of no cause of action.
The trial court granted this oral motion, instructing counsel to file a written exception subsequently. The written exception was filed on March 31, 2025, and on April 21, 2025, the trial court signed a judgment granting the exception and dismissing Smith’s claims against these defendants with prejudice. Smith appealed, arguing that the trial court erred by ruling on an oral exception, considering assertions of fact outside the pleadings, determining Smith was a public official, and dismissing the case with prejudice without allowing him to amend his petition.
The Court’s Holding
The Louisiana Court of Appeal, First Circuit, vacated the trial court’s judgment, finding multiple procedural errors. The court emphasized that Louisiana Code of Civil Procedure article 852 requires all pleadings, including exceptions and motions, to be in writing. The defendants’ oral motion for a peremptory exception was therefore not properly before the trial court, despite a written exception being filed later.
Additionally, the appellate court noted that the defendants failed to comply with Louisiana District Court Rules 9.8(a) and 9.9(b). These rules mandate that exceptions be accompanied by a proposed order requesting a hearing and a supporting memorandum. The court reiterated that a peremptory exception of no cause of action must be decided solely on the face of the pleadings, accepting well-pled facts as true, and no evidence may be introduced to support or controvert it. Due to these significant procedural deficiencies, the appellate court concluded that the trial court erred in granting the exception and remanded the case for further proceedings, declining to address Smith’s other assignments of error.
Key Takeaways
- Peremptory exceptions, like all pleadings and motions in Louisiana, must be filed in writing.
- Oral motions for exceptions are generally not permitted and will not be considered properly before the court.
- Parties filing exceptions must comply with local district court rules, including submitting proposed orders for hearings and supporting memoranda.
- A peremptory exception of no cause of action is evaluated strictly on the petition’s allegations, without considering extraneous evidence or factual assertions made during oral argument.
Why It Matters
This ruling is a critical reminder for practitioners in Louisiana of the strict adherence required to procedural rules, particularly concerning the filing and adjudication of peremptory exceptions. The court’s decision to vacate and remand based solely on procedural non-compliance underscores that even if the substance of an exception might be meritorious, a failure to follow the correct written and documentary procedures can nullify a trial court’s ruling.
For attorneys, it highlights the necessity of ensuring that all exceptions are properly documented, accompanied by the requisite orders and memoranda, and set for a formal hearing, rather than relying on oral motions. This case reinforces that meticulous procedural compliance is not merely a formality but a fundamental requirement for the proper administration of justice, preventing potential delays and additional litigation costs.