CCP 3657
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/la/3657A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CCP 3657
Art. 3657. Same; cumulation with petitory action or declaratory judgment action; reconventional demand or separate suit asserting ownership or title
A. The plaintiff shall not cumulate the possessory action with either the petitory action or a declaratory judgment action to determine ownership. If the plaintiff does so, the possessory action does not abate, but the defendant may object to the cumulation by asserting a dilatory exception. If, before executory judgment in the possessory action, the plaintiff institutes the petitory action or a declaratory judgment action in a separate suit, the possessory action abates.
B. When the defendant in a possessory action asserts title in himself, in the alternative or otherwise, the defendant does not thereby convert the possessory action into a petitory action or judicially confess the possession of the plaintiff in the possessory action, but the defendant's assertions of title shall be considered in defense of the possessory action only for the purposes stated in Article 3661(B).
C. Unless the plaintiff in the possessory action seeks an adjudication of his ownership, the defendant shall not file a reconventional demand asserting a petitory action or declaratory judgment action to determine ownership. If, before executory judgment in a possessory action, the defendant therein institutes a petitory action or a declaratory judgment action to determine ownership in a separate suit he files against the plaintiff in the possessory action, the defendant in the possessory action judicially confesses the possession of the plaintiff in the possessory action.
Acts 2023, No. 421, §2.