RS 13:4232

151 words·~1 min read·/la/title-13/13-1009

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

RS 13:4232

§4232. Exceptions to the general rule of res judicata

A. A judgment does not bar another action by the plaintiff:

(1)When exceptional circumstances justify relief from the res judicata effect of the judgment;

(2)When the judgment dismissed the first action without prejudice; or,

(3)When the judgment reserved the right of the plaintiff to bring another action.

B. In an action for divorce under Civil Code Article 102 or 103, in an action for determination of incidental matters under Civil Code Article 105, in an action for contributions to a spouse's education or training under Civil Code Article 121, and in an action for partition of community property and settlement of claims between spouses under R.S. 9:2801, the judgment has the effect of res judicata only as to causes of action actually adjudicated.

Acts 1990, No. 521, §1, eff. Jan. 1, 1991; Acts 1991, No. 367, §3.