If a litigant is interdicted and confined to a psychiatric hospital, what procedural action can their opponent take to dismiss the suit brought by that litigant?

In Louisiana civil procedure, a litigant who has been interdicted, meaning they have been legally declared incapable due to a mental condition, typically cannot pursue legal actions on their own. This lack of capacity can be challenged by the opposing party through specific procedural means.

Filing a dilatory exception of lack of procedural capacity is the appropriate action because it directly addresses the issue of the litigant's legal capacity to participate in the lawsuit. This type of exception asserts that the litigant does not have the necessary legal status to bring forth the suit, and it seeks to dismiss the case based on that inability. The invocation of this exception calls for a legal determination regarding the litigant's capacity, which is paramount in ensuring that only those who can legally and adequately represent themselves are allowed to proceed in court.

While a motion for summary judgment might seem relevant in resolving disputes through evidence, it is focused on the merits of the case and is not appropriate solely to contest the litigant's capacity. An appeal for lack of capacity would not be applicable at this stage because an appeal generally pertains to reviewing decisions from lower courts after a ruling has been made, rather than a mechanism for initially dismissing a case based on capacity. Filing a grievance with the legal ethics board is