Legal Definitions - declinatory exception

A declinatory exception is a formal objection raised by a party in a lawsuit, typically the defendant, challenging the court's authority to hear the case or the appropriateness of the chosen location (venue) for the lawsuit. It does not address the facts or merits of the dispute itself but rather argues that the court lacks the proper power or is not the correct forum to proceed with the case.

Here are some examples illustrating a declinatory exception:

• Imagine a small business owner in Oregon is sued by a customer from Florida in a Florida state court. The dispute arose entirely from a transaction that occurred online, and the Oregon business has no physical presence, employees, or regular business activities in Florida. The Oregon business could file a declinatory exception arguing that the Florida court lacks personal jurisdiction over it. This challenges the Florida court's power to compel the Oregon business to appear and defend itself in Florida, rather than disputing the customer's claims about the transaction itself.

• Consider a situation where two individuals, both residents of the same county in Ohio, are involved in a car accident within that county. One individual decides to sue the other for damages, but mistakenly files the lawsuit in a court located in a completely different, distant county in Ohio. The defendant could file a declinatory exception asserting improper venue. This objection does not deny that the accident occurred or the potential for liability, but rather argues that the lawsuit has been filed in the wrong geographical location within the state and should be transferred to the correct county where the parties reside or the accident occurred.

• Suppose an individual attempts to file a lawsuit in a state's general civil court, seeking to challenge a decision made by a specialized federal agency, such as the Social Security Administration. The state civil court would not have the authority to hear such a case, as disputes involving federal agencies typically fall under the exclusive jurisdiction of federal courts. The court itself, or the opposing party (the federal agency), could raise a declinatory exception arguing lack of subject matter jurisdiction. This means the court does not have the legal power to decide this specific type of case, regardless of the merits of the individual's claim.