Which court action allows a defendant to introduce defenses that were not originally included in their pleadings if the plaintiff does not object until trial?

The action that allows a defendant to introduce defenses not included in their original pleadings, provided that the plaintiff does not object until trial, is referred to as "trial by consent." This concept is rooted in the idea that by not objecting to the introduction of these new defenses at trial, the plaintiff effectively consents to the consideration of those defenses.

In the context of Louisiana civil procedure, the trial by consent principle permits some flexibility in the presentation of cases. If both parties engage in trials without explicitly stating the defenses or claims being raised, the court may consider those defenses as if they were included in the original pleadings. This allows the trial to focus on the substantive issues rather than strict adherence to procedural formalities, fostering a more equitable resolution of disputes.

Other options like amendment by omission, pre-trial motion, and mediation process do not align with the specific context of introducing new defenses at trial without prior objection. Amendment by omission typically does not encompass the same principles as trial by consent. A pre-trial motion would require that defenses be established before trial, and mediation is a dispute resolution process that does not directly involve court proceedings or the introduction of defenses at trial. Hence, the procedural flexibility inherent in trial by consent is pivotal in this