Code of Civil Procedure Article 435

Where an action, in whole or in part, does not fall within the scope provided in the first and the second paragraphs of Article 427 as a result of an amendment, addition of claims or a counterclaim, and except in cases where the parties have agreed to continued application of the summary proceeding, the court shall switch to an ordinary proceeding by a ruling and the same judge shall continue adjudicating the case.In the case provided in the preceding paragraph, if the defendant has proceeded orally on the merits without raising an objection, the parties shall be deemed to have reached an agreement on continued application of the summary proceeding.