Fill and Sign the Louisiana Exception 497308745 Form

_______________ : __________ JUDICIAL DISTRICT COURT VS : PARISH OF ___________ , LOUISIANA _______________ : DOCKET NO. ______ _________________________________________________________________ DECLINATORY EXCEPTION OF LACK OF JURISDICTION OVER SUBJECT MATTER AND PEREMPTORY EXCEPTION OF RES JUDICATA NOW INTO COURT, through undersigned counsel, comes _______________ , Defendant, appearing solely for the purpose of these exceptions, and excepts to the Plaintiff's petition on the following grounds: I. This Honorable Court is without jurisdiction over the subject matter of this suit, which is a Petition for Custody, as an order of custody was issued on ______ ___ , 20 ___ , by Senior District Judge _______________ for _______________ County, State of ______ , Case Number ______ , and further ratified by the Honorable _______________ , District Judge, ______ Judicial District Court, Parish of _______________ , State of Louisiana, Docket No. ______ , awarding custody to defendant, _______________ . II. That in the matter entitled " _______________ vs. _______________ ," Docket No. ______ on the docket of the ______ Judicial District Court for the Parish of _________ , this Court rendered and signed a Judgment ratifying an order from the District Court of _________ County, State of _________ , Case Number ______ , issued on ______ ___ , 20 ___ , said Judgment granting custody to Defendant, _______________ . Subsequently, writs of review were taken to the ______ Circuit Court of Appeal, Docket No. ______ , which writs were denied on ______ ___ , 20 ___ (a copy of which is attached hereto and made part hereof). An application for writ of certiorari was taken to the Supreme Court of Louisiana, and said application was denied on ______ ___ , 20 ___ . (A copy of said denial is attached hereto and made a part hereof). The Judgment in Docket No. ______ has become final and all appeals have been exhausted, that exceptor specially pleads the above Judgment as res judicata in bar of the present suit. WHEREFORE, exceptor prays that these exceptions be maintained and that accordingly, there be Judgment herein in favor of Defendant and against Plaintiff, rejecting Plaintiff's demand at her costs. _____________________________ _______________ _______________ ______ , LA ______ ( ___ ) ______ La. Bar Roll No. ______ ATTORNEY FOR DEFENDANT * * * O R D E R IT IS ORDERED that _______________ show cause on the _____ day of _____________, 20 ___ , as a ____ fixing, why these exceptions should not be maintained, plaintiff's suit dismissed, and the minor child, _______________ , returned to _______________ . THUS DONE AND SIGNED at _______________ , Louisiana, this _____ day of ________________, 20 ___ . _________________________________ DISTRICT JUDGE * * * CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day personally handed a copy of the above and foregoing Declinatory Exception of Lack of Jurisdiction Over Subject Matter and Peremptory Exception of Res Judicata upon counsel for plaintiff, _______________ ,       , LA       , on this _____ day of       , 20       . ___________________________ _______________