Incidental Demand Law and Legal Definition
Incidental demand refers to a reconvention, cross-claims, intervention, and the demand against third parties. It is also a plea by which a party other than a plaintiff asserts a claim that is related to the plaintiff’s suits. [Moore v. Gencorp, Inc., 633 So. 2d 1268 (La. Mar. 22, 1994)]
An incidental demand is not barred by prescription or preemption, if it was not barred at the time when the main demand was filed and is filed within ninety days of date of service of main demand. However, in the case of third party defendant it is not barred within ninety days from service of process of the third demand.
