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Home » US Law » 2022 Louisiana Laws » Code of Civil Procedure » SECTION 3. ACTION OF NULLITY

Art. 2001. Grounds in general

SECTION 3. ACTION OF NULLITY Art. 2001. Grounds in general The nullity of a final judgment may be demanded for vices of either form or substance, as provided in Articles 2002 through 2006.

Art. 2002. Annulment for vices of form; time for action

Art. 2002. Annulment for vices of form; time for action A. A final judgment shall be annulled if it is rendered: (1) Against an incompetent person not represented as required by law. (2) Against a defendant who has not been served with process as required by law and who has not waived objection to jurisdiction, […]

Art. 2003. Same; action lost through acquiescence

Art. 2003. Same; action lost through acquiescence A defendant who voluntarily acquiesced in the judgment, or who was present in the parish at the time of its execution and did not attempt to enjoin its enforcement, may not annul the judgment on any of the grounds enumerated in Article 2002.

Art. 2004. Annulment for vices of substance; peremption of action

Art. 2004. Annulment for vices of substance; peremption of action A. A final judgment obtained by fraud or ill practices may be annulled. B. An action to annul a judgment on these grounds must be brought within one year of the discovery by the plaintiff in the nullity action of the fraud or ill practices. […]

Art. 2005. Annulment of judgments; effect of appeal

Art. 2005. Annulment of judgments; effect of appeal A judgment may be annulled prior to or pending an appeal therefrom, or after the delays for appealing have elapsed. A judgment affirmed, reversed, amended, or otherwise rendered by an appellate court may be annulled only when the ground for nullity did not appear in the record […]

Art. 2006. Court where action brought

Art. 2006. Court where action brought An action to annul a judgment must be brought in the trial court, even though the judgment sought to be annulled may have been affirmed on appeal, or even rendered by the appellate court.