Can the attorney for Company file an exception of prescription after learning about Plaintiff's prior knowledge of the defect?

Study for the Louisiana Civil Procedure Bar Exam. Understand the key topics, format, and practice with targeted questions. Prepare effectively for your law career!

The correct choice indicates that an attorney for a company can file an exception of prescription at any time. This reflects the understanding that, under Louisiana law, an exception of prescription can be raised at any point in the litigation process, as long as it is done prior to the final determination of the case. The exception of prescription deals with whether a claim has been brought within the statutory time limits, and it is considered a plea in abatement rather than being linked to the merits of the case.

In Louisiana civil procedure, the timing and method of raising exceptions are governed by the Civil Code and procedure rules, which provide flexibility for defendants to assert certain defenses even after trial has begun. Hence, as long as the exception is filed before a final judgment is rendered, the timing does not bar the attorney from making this argument potentially at any stage leading up to that ruling.

The other choices suggest limitations that do not align with the broader interpretation of the courts regarding the timing of exceptions. For instance, while an exception can be part of initial pleadings or might need to be filed before trial, the law's allowance for raising them at different stages offers a broader latitude than those responses imply.

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