reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Civil Procedure › Art. 1915. Partial final judgment; partial judgment; partial exception; partial summary judgment

Art. 1915. Partial final judgment; partial judgment; partial exception; partial summary judgment
A. A final judgment may be rendered and signed by the court, even though it may not grant the successful party or parties all of the relief prayed for, or may not adjudicate all of the issues in the case, when the court:
(1) Dismisses the suit as to less than all of the parties, defendants, third party plaintiffs, third party defendants, or intervenors.
(2) Grants a motion for judgment on the pleadings, as provided by Articles 965, 968, and 969.
(3) Grants a motion for summary judgment, as provided by Articles 966 through 969, but not including a summary judgment granted pursuant to Article 966(E).
(4) Signs a judgment on either the principal or incidental demand, when the two have been tried separately, as provided by Article 1038.
(5) Signs a judgment on the issue of liability when that issue has been tried separately by the court, or when, in a jury trial, the issue of liability has been tried before a jury and the issue of damages is to be tried before a different jury.
(6) Imposes sanctions or disciplinary action pursuant to Article 191, 863, or 864 or Code of Evidence Article 510(G).
B.(1) When a court renders a partial judgment or partial summary judgment or sustains an exception in part, as to one or more but less than all of the claims, demands, issues, or theories against a party, whether in an original demand, reconventional demand, cross-claim, third-party claim, or intervention, the judgment shall not constitute a final judgment unless it is designated as a final judgment by the court after an express determination that there is no just reason for delay.
(2) In the absence of such a determination and designation, any such order or decision shall not constitute a final judgment for the purpose of an immediate appeal and may be revised at any time prior to rendition of the judgment adjudicating all the claims and the rights and liabilities of all the parties.
C. If an appeal is taken from any judgment rendered under the provisions of this Article, the trial court shall retain jurisdiction to adjudicate the remaining issues in the case.
Acts 1983, No. 534, §3; Acts 1992, No. 71, §1; Acts 1997, No. 483, §2, eff. July 1, 1997; Acts 1999, No. 89, §1; Acts 1999, No. 1263, §1, eff. Jan. 1, 2000; Acts 2001, No. 553, §1; Acts 2013, No. 391, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1916. Jury cases; compromise agreements; signature of judgment by the court

Art. 1916. Jury cases; compromise agreements; signature of judgment by the court
A. After a trial by jury, the court shall prepare and sign a judgment in accordance with the verdict of the jury within ten days of the rendition of the verdict, or the court may order counsel for a party in the case to prepare and submit a judgment to the court for signature within ten days of the rendition of the verdict, in accordance with the rules for Louisiana district courts.
B. When the parties to a contested matter reach a compromise agreement which is recited in open court and on the record capable of being transcribed, the court may order counsel for a party to prepare and submit a judgment to the court for signature, in accordance with the rules for Louisiana district courts, within twenty days of the recital.
Acts 2006, No. 474, §1; Acts 2008, No. 824, §3, eff. Jan. 1, 2009.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1917. Findings of the court and reasons for judgment

Art. 1917. Findings of the court and reasons for judgment
A. In all appealable contested cases, other than those tried by a jury, the court when requested to do so by a party shall give in writing its findings of fact and reasons for judgment, provided the request is made not later than ten days after the mailing of the notice of the signing of the judgment.
B. In nonjury cases to recover damages for injury, death, or loss, whether or not requested to do so by a party, the court shall make specific findings that shall include those matters to which reference is made in Paragraph C of Article 1812 of this Code. These findings need not include reasons for judgment.
Amended by Acts 1979, No. 431, §3, eff. Aug. 1, 1980; Acts 1980, No. 111, §1, eff. Aug. 1, 1980; Acts 1980, No. 112, §1, eff. June 26, 1980; Acts 2005, No. 205, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1918. Form of final judgment

Art. 1918. Form of final judgment
A. A final judgment in accordance with Article 1841 shall be identified as such by appropriate language; shall be signed and dated; and shall, in its decree, identify the name of the party in whose favor the relief is awarded, the name of the party against whom the relief is awarded, and the relief that is awarded. If appealed, a final judgment that does not contain the appropriate decretal language shall be remanded to the trial court, which shall amend the judgment in accordance with Article 1951 within the time set by the appellate court.
B. When written reasons for the judgment are assigned, they shall be set out in an opinion separate from the judgment.
Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1920. Costs; parties liable; procedure for taxing

Art. 1920. Costs; parties liable; procedure for taxing
Unless the judgment provides otherwise, costs shall be paid by the party cast, and may be taxed by a rule to show cause.
Except as otherwise provided by law, the court may render judgment for costs, or any part thereof, against any party, as it may consider equitable.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1922. Money judgments; judgment debtor; date of birth; social security number

Art. 1922. Money judgments; judgment debtor; date of birth; social security number
A. A final judgment for the payment of money shall include the date of birth of all parties against whom it is rendered, if the date of birth is known by the attorney preparing the judgment. However, the failure to include the date of birth of the judgment debtors shall not affect the validity of the judgment.
B.(1) A final judgment for the payment of money shall also include the last four digits of the social security number of the judgment debtors, if known by the attorney preparing the judgment. However, the failure to include such information shall not affect the validity of the judgment.
(2) A recorded lien having the effect of a money judgment shall also include the last four digits of the social security number of the debtor, or the Internal Revenue Service taxpayer identification number of the debtor in the case of a debtor doing business other than as an individual, if known by the attorney preparing the lien. However, the failure to include such information shall not affect the validity of the lien.
C.(1) The recorder shall not refuse to record a money judgment or lien which does not include the information required by Paragraph B of this Article. If any judgment or lien being recorded does not include the information required by this Article, the recorder shall be entitled to collect a fee not to exceed twenty-five dollars per debtor in addition to the applicable fee set forth in R.S. 13:841.
(2) The fee authorized by Subparagraph (1) of this Paragraph shall not apply if, at the time of recording the judgment, the creditor attaches to and records with the judgment an affidavit setting forth the information required by Paragraph B of this Article or by Civil Code Article 3352(A)(5).
(3) A person recording an affidavit of distinction pursuant to R.S. 9:5501 through 5503 shall not be required to pay a fee for recording the affidavit of distinction.
(4) The provisions of Subparagraph (3) of this Paragraph shall not apply to an affidavit of distinction recorded in order to distinguish the affiant from a debtor named in a judgment or lien which was recorded prior to July 1, 2012.
Acts 1995, No. 1295, §1; Acts 2003, No. 599, §1; Acts 2007, No. 11, §1, eff. June 18, 2007; Acts 2012, No. 20, §1, eff. July 1, 2012.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1951. Amendment of judgment

CHAPTER 4. MODIFICATION IN TRIAL COURT
SECTION 1. AMENDMENT
Art. 1951. Amendment of judgment
On motion of the court or any party, a final judgment may be amended at any time to alter the phraseology of the judgment or to correct deficiencies in the decretal language or errors of calculation. The judgment may be amended only after a hearing with notice to all parties, except that a hearing is not required if all parties consent or if the court or the party submitting the amended judgment certifies that it was provided to all parties at least five days before the amendment and that no opposition has been received. A final judgment may not be amended under this Article to change its substance.
Acts 2013, No. 78, §1; Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1971. Granting of new trial

SECTION 2. NEW TRIAL
Art. 1971. Granting of new trial
A new trial may be granted, upon contradictory motion of any party or by the court on its own motion, to all or any of the parties and on all or part of the issues, or for reargument only. If a new trial is granted as to less than all parties or issues, the judgment may be held in abeyance as to all parties and issues.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1972. Peremptory grounds

Art. 1972. Peremptory grounds
A new trial shall be granted, upon contradictory motion of any party, in the following cases:
(1) When the verdict or judgment appears clearly contrary to the law and the evidence.
(2) When the party has discovered, since the trial, evidence important to the cause, which he could not, with due diligence, have obtained before or during the trial.
(3) When the jury was bribed or has behaved improperly so that impartial justice has not been done.
Acts 1983, No. 534, §10.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1974. Delay for applying for new trial

Art. 1974. Delay for applying for new trial
A party may file a motion for a new trial not later than seven days, exclusive of legal holidays, after the clerk has mailed or the sheriff has served the notice of judgment as required by Article 1913.
Amended by Acts 1961, No. 23, §1; Acts 1974, No. 520, §1; Acts 1999, No. 1263, §1, eff. Jan. 1, 2000; Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1975. Application for new trial; verifying affidavit

Art. 1975. Application for new trial; verifying affidavit
A motion for a new trial shall set forth the grounds upon which it is based. When the motion is based on Article 1972(2) and (3), the allegations of fact therein shall be verified by the affidavit of the applicant.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1978. Procedure in new trial

Art. 1978. Procedure in new trial
It shall not be necessary in a non-jury trial to resummon the witnesses or to hear them anew at a new trial if their testimony has once been reduced to writing, but all such testimony and evidence received on the former trial shall be considered as already in evidence. Any party may call new witnesses or offer additional evidence, and with the permission of the court recall any witness for further examination or cross-examination as the case may be. However, the parties shall not be precluded from producing new proofs, on the ground they have not been offered on the first trial. When a new trial is granted for reargument only, no evidence shall be adduced.
Amended by Acts 1988, No. 515, §2, eff. Jan. 1, 1989.
2023 Louisiana Laws › Code of Civil Procedure › Art. 1979. Summary decision on motion; maximum delays

Art. 1979. Summary decision on motion; maximum delays
The court shall decide on a motion for a new trial within ten days from the time it is submitted for decision. The time may be extended for a specified period upon the written consent or stipulation of record by the attorneys representing all parties. When the court grants a motion for a new trial, it shall specify each of its reasons in the order.
Acts 2013, No. 78, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2002. Annulment for vices of form; time for action

Art. 2002. Annulment for vices of form; time for action
A. A final judgment shall be annulled if it is rendered:
(1) Against an incompetent person not represented as required by law.
(2) Against a defendant who has not been served with process as required by law and who has not waived objection to jurisdiction, or against whom a valid default judgment has not been taken.
(3) By a court which does not have jurisdiction over the subject matter of the suit.
B. Except as otherwise provided in Article 2003, an action to annul a judgment on the grounds listed in this Article may be brought at any time.
Acts 1997, No. 578, §1; Acts 2017, No. 419, §1; Acts 2021, No. 174, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2004. Annulment for vices of substance; peremption of action

Art. 2004. Annulment for vices of substance; peremption of action
A. A final judgment obtained by fraud or ill practices may be annulled.
B. An action to annul a judgment on these grounds must be brought within one year of the discovery by the plaintiff in the nullity action of the fraud or ill practices.
C. The court may award reasonable attorney fees incurred by the prevailing party in an action to annul a judgment on these grounds.
Acts 2001, No. 512, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2005. Annulment of judgments; effect of appeal

Art. 2005. Annulment of judgments; effect of appeal
A judgment may be annulled prior to or pending an appeal therefrom, or after the delays for appealing have elapsed.
A judgment affirmed, reversed, amended, or otherwise rendered by an appellate court may be annulled only when the ground for nullity did not appear in the record of appeal or was not considered by the appellate court.
An action of nullity does not affect the right to appeal.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2031. Revival of judgments

CHAPTER 5. REVIVAL
Art. 2031. Revival of judgments
A. A money judgment may be revived at any time before it prescribes by an interested party by the filing of an ex parte motion brought in the court and suit in which the judgment was rendered. The filing of the motion to revive interrupts the prescriptive period applicable to the judgment. The motion to revive judgment shall be accompanied by an affidavit of the holder and owner of the judgment, stating that the original judgment has not been satisfied. A judgment shall thereupon be rendered reviving the original judgment. No citation or service of process of the motion to revive shall be required. The court may order the judgment debtor to pay additional court costs and reasonable attorney fees in connection with the judgment revival action. Notice of signing of the judgment of revival shall be mailed by the clerk of court to the judgment debtor at his last known address as reflected in the suit record.
B. At any time after the signing of the judgment of revival, the judgment debtor may, by contradictory motion, have the judgment of revival annulled, upon showing that the judgment which has been revived was in fact satisfied prior to the signing of the judgment of revival. If the judgment debtor proves that the judgment has been satisfied prior to the filing of the motion to revive the judgment, the holder or owner of the judgment shall pay all court costs, fees, and attorney fees incurred by the judgment debtor in opposing the ex parte order of revival and the cancellation of the judgment from the mortgage records.
Acts 2003, No. 806, §1; Acts 2005, No. 205, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2083. Judgments appealable

Art. 2083. Judgments appealable
A. A final judgment is appealable in all causes in which appeals are given by law, whether rendered after hearing, by default, or by reformation under Article 1814.
B. In reviewing a judgment reformed in accordance with a remittitur or additur, the court shall consider the reasonableness of the underlying jury verdict.
C. An interlocutory judgment is appealable only when expressly provided by law.
Amended by Acts 1984, No. 59, §1; Acts 1989, No. 173, §1; Acts 2005, No. 205, §1, eff. Jan. 1, 2006.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2085. Limitations on appeals

Art. 2085. Limitations on appeals
An appeal cannot be taken by a party who confessed judgment in the proceedings in the trial court or who voluntarily and unconditionally acquiesced in a judgment rendered against him. Confession of or acquiescence in part of a divisible judgment or in a favorable part of an indivisible judgment does not preclude an appeal as to other parts of such judgment.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2087. Delay for taking devolutive appeal

Art. 2087. Delay for taking devolutive appeal
A. Except as otherwise provided in this Article or by other law, an appeal which does not suspend the effect or the execution of an appealable order or judgment may be taken within sixty days of any of the following:
(1) The expiration of the delay for applying for a new trial or judgment notwithstanding the verdict, as provided by Article 1974 and Article 1811, if no application has been filed timely.
(2) The date of the mailing of notice of the court's refusal to grant a timely application for a new trial or judgment notwithstanding the verdict, as provided under Article 1914.
B. When a devolutive appeal has been taken timely, an appellee who seeks to have the judgment appealed from modified, revised, or reversed as to any party may take a devolutive appeal therefrom within the delays allowed in Paragraph A of this Article or within ten days of the mailing by the clerk of the notice of the first devolutive appeal in the case, whichever is later.
C. When one or more parties file motions for new trial or for judgment notwithstanding the verdict, the delay periods specified herein shall commence for all parties at the time they commence for the party whose motion is last to be acted upon by the trial court.
D. An order of appeal is premature if granted before the court disposes of all timely filed motions for new trial or judgment notwithstanding the verdict. The order becomes effective upon the denial of such motions.
E. The time within which to take a devolutive appeal under the provisions of this Article is interrupted for all parties upon the filing of a notice of removal in a district court of the United States, pursuant to the provisions of 28 U.S.C. 1446, and commences anew on the date the proceeding is remanded.
Amended by Acts 1962, No. 92, §1; Acts 1976, No. 201, §1; Acts 1977, No. 174, §1, eff. Jan. 1, 1978; Acts 1987, No. 695, §1; Acts 1995, No. 658, §1; Acts 1997, No. 609, §1; Acts 1997, No. 1056, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2088. Divesting of jurisdiction of trial court

Art. 2088. Divesting of jurisdiction of trial court
A. The jurisdiction of the trial court over all matters in the case reviewable under the appeal is divested, and that of the appellate court attaches, on the granting of the order of appeal and the timely filing of the appeal bond, in the case of a suspensive appeal or on the granting of the order of appeal, in the case of a devolutive appeal. Thereafter, the trial court has jurisdiction in the case only over those matters not reviewable under the appeal, including the right to do any of the following:
(1) Allow the taking of a deposition, as provided in Article 1433.
(2) Extend the return day of the appeal, as provided in Article 2125.
(3) Make, or permit the making of, a written narrative of the facts of the case, as provided in Article 2131.
(4) Correct any misstatement, irregularity, informality, or omission of the trial record, as provided in Article 2132.
(5) Test the solvency of the surety on the appeal bond as of the date of its filing or subsequently, consider objections to the form, substance, and sufficiency of the appeal bond, and permit the curing thereof, as provided in Articles 5123, 5124, and 5126.
(6) Grant an appeal to another party.
(7) Execute or give effect to the judgment when its execution or effect is not suspended by the appeal.
(8) Enter orders permitting the deposit of sums of money within the meaning of Article 4658.
(9) Impose the penalties provided by Article 2126, or dismiss the appeal, when the appellant fails to timely pay the estimated costs or the difference between the estimated costs and the actual costs of the appeal.
(10) Set and tax costs, expert witness fees, and attorney fees.
(11) Certify a partial judgment or partial summary judgment in accordance with Article 1915(B).
(12) Amend a judgment to provide proper decretal language under Article 1918 or 1951.
B. In the case of a suspensive appeal, when the appeal bond is not timely filed and the suspensive appeal is thereby not perfected, the trial court maintains jurisdiction to convert the suspensive appeal to a devolutive appeal, except in an eviction case.
Amended by Acts 1964, No. 4, §1. Acts 1968, No. 128, §1. Acts 1977, No. 175, §1, eff. Jan. 1, 1978. Acts 1983, No. 126, §1; Acts 2008, No. 658, §1; Acts 2021, No. 259, §2.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2121. Method of appealing

CHAPTER 2. PROCEDURE FOR APPEALING
Art. 2121. Method of appealing
An appeal is taken by obtaining an order therefor, within the delay allowed, from the court which rendered the judgment.
An order of appeal may be granted on oral motion in open court, on written motion, or on petition. This order shall show the return day of the appeal in the appellate court and shall provide the amount of security to be furnished, when the law requires the determination thereof by the court.
When the order is granted, the clerk of court shall mail a notice of appeal to counsel of record of all other parties, to the respective appellate court, and to other parties not represented by counsel. The failure of the clerk to mail the notice does not affect the validity of the appeal.
Amended by Acts 1961, No. 23, §1; Acts 1976, No. 202, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2122. Appointment or removal of legal representative not suspended by appeal; effect of vacating appointment on appeal

Art. 2122. Appointment or removal of legal representative not suspended by appeal; effect of vacating appointment on appeal
A judgment or order of a trial court appointing or removing a legal representative shall be executed provisionally notwithstanding an appeal therefrom.
A judgment rendered on appeal vacating a judgment or order of the trial court appointing a legal representative does not invalidate any of his official acts performed prior to the rendition of the judgment of the appellate court.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2123. Delay for taking suspensive appeal

Art. 2123. Delay for taking suspensive appeal
A. Except as otherwise provided by law, an appeal that suspends the effect or the execution of an appealable order or judgment may be taken, and the security therefor furnished, only within thirty days of any of the following:
(1) The expiration of the delay for applying for a new trial or judgment notwithstanding the verdict, as provided by Article 1974 and Article 1811, if no application has been filed timely.
(2) The date of the mailing of notice of the court's refusal to grant a timely application for a new trial or judgment notwithstanding the verdict, as provided under Article 1914.
B. Whenever one or more parties file motions for a new trial or for judgment notwithstanding the verdict, the delay periods specified herein commence for all parties at the time they commence for the party whose motion is last to be acted upon by the trial court.
C. An order of appeal is premature if granted before the court disposes of all timely filed motions for new trial or judgment notwithstanding the verdict. The order becomes effective upon the denial of such motions.
D. The time within which to take a suspensive appeal under the provisions of this Article is interrupted for all parties upon the filing of a notice of removal in a district court of the United States, pursuant to the provisions of 28 U.S.C. 1446, and commences anew on the date the proceeding is remanded.
Amended by Acts 1974, No. 129, §1; Acts 1987, No. 695, §1; Acts 1995, No. 658, §1; Acts 1997, No. 609, §1; Acts 1997, No. 1056, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2124. Security to be furnished for an appeal

Art. 2124. Security to be furnished for an appeal
A. No security is required for a devolutive appeal.
B. The security to be furnished for a suspensive appeal is determined in accordance with the following rules:
(1) When the judgment is for a sum of money, the amount of the security shall be equal to the amount of the judgment, including the interest allowed by the judgment to the date the security is furnished, exclusive of the costs.
(a) However, in all cases, except litigation related to the Tobacco Master Settlement Agreement, or any litigation where the state is a judgment creditor, where the amount of the judgment exceeds one hundred fifty million dollars, the trial court, upon motion and after a hearing, may, in the exercise of its broad discretion, fix the security in an amount sufficient to protect the rights of the judgment creditor while at the same time preserving the favored status of appeals in Louisiana.
(b) The time for taking the suspensive appeal under Article 2123 shall be interrupted for judgments pursuant to Article 2124(B)(1)(a) until the trial court fixes the amount of the security and commences anew on the date the security is fixed.
(2) When the judgment distributes a fund in custodia legis, only security sufficient to secure the payment of costs is required.
(3) In all other cases, the security shall be fixed by the trial court at an amount sufficient to assure the satisfaction of the judgment, together with damages for the delay resulting from the suspension of the execution.
C. Where the party seeking to appeal from a judgment for a sum of money is aggrieved by the amount of the security fixed by the trial court, the party so aggrieved may seek supervisory writs to review the appropriateness of the determination of the trial court in fixing the security. The application for supervisory writ shall be heard by the court of appeal on a priority basis. The time for taking a suspensive appeal under Article 2123 shall be interrupted until the appellate court acts on the supervisory writs to review the determination of the trial court in fixing the security and commences anew on the date the action is taken.
D. For good cause shown, the trial judge in the case of the appeal of a money judgment to be secured by a surety bond may fix the amount of the security at an amount not to exceed one hundred fifty percent of the amount of the judgment, including the interest allowed by the judgment to the date the security is furnished, exclusive of the costs.
E. A suspensive appeal bond shall provide, in substance, that it is furnished as security that the appellant will prosecute his appeal, that any judgment against him will be paid or satisfied from the proceeds of the sale of his property, or that otherwise the surety is liable for the amount of the judgment.
Amended by Acts 1977, No. 176, §1, eff. Jan. 1, 1978; Acts 1988, No. 444, §1, eff. Jan. 1, 1989; Acts 1989, No. 307, §2; Acts 2001, No. 450, §1, eff. June 19, 2001.
{{NOTE: SEE ACTS 1988, NO. 444, §2.}}
2023 Louisiana Laws › Code of Civil Procedure › Art. 2125. Return day

Art. 2125. Return day
The return day of the appeal shall be thirty days from the date estimated costs are paid if there is no testimony to be transcribed and lodged with the record and forty-five days from the date such costs are paid if there is testimony to be transcribed, unless the trial judge fixes a lesser period. The trial court may grant only one extension of the return day and such extension shall not be more than thirty days. A copy of the extension shall be filed with the appellate court. Subsequent extensions of the return day may be granted by the appellate court for sufficient cause or at the request of the court reporter as provided in Article 2127.2.
Amended by Acts 1976, No. 426, §2; Acts 1977, No. 177, §1, eff. Jan. 1, 1978. Acts 1984, No. 937, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2125.1. Notice of extension of return day granted by clerk of trial court

Art. 2125.1. Notice of extension of return day granted by clerk of trial court
When a subsequent extension of the return day is granted by the appellate court in accordance with the provisions of Article 2125, notice thereof shall be given by mail by the clerk of the trial court to counsel of record of all parties, and to parties not represented by counsel. The failure of the clerk of the trial court to mail such notice does not affect the validity of the appeal, nor does any error or defect that is not imputable to the appellant affect the validity of the appeal.
Added by Acts 1976, No. 708, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2126. Payment of costs

Art. 2126. Payment of costs
A. The clerk of the trial court, immediately after the order of appeal has been granted, shall estimate the cost of the preparation of the record on appeal, including the fee of the court reporter for preparing the transcript and the filing fee required by the appellate court. The clerk shall send notices of the estimated costs by certified mail to the appellant and by first class mail to the appellee.
B. Within twenty days of the mailing of notice, the appellant shall pay the amount of the estimated costs to the clerk. The trial court may grant one extension of the period for paying the amount of the estimated costs for not more than an additional twenty days upon written motion showing good cause for the extension.
C. The appellant may question the excessiveness of the estimated costs by filing a written application for reduction in the trial court within the first twenty-day time limit, and the trial court may order reduction of the estimate upon proper showing. If an application for reduction has been timely filed, the appellant shall have twenty days to pay the costs beginning from the date of the action by the trial court on application for reduction.
D. After the preparation of the record on appeal has been completed, the clerk of the trial court shall, as the situation may require, either refund to the appellant the difference between the estimated costs and the actual costs if the estimated costs exceed the actual costs, or send a notice by certified mail to the appellant of the amount of additional costs due, if the actual costs exceed the estimated costs. If the payment of additional costs is required, the appellant shall pay the amount of additional costs within twenty days of the mailing of the notice.
E. If the appellant fails to pay the estimated costs, or the difference between the estimated costs and the actual costs, within the time specified, the trial judge, on his own motion or upon motion by the clerk or by any party, and after a hearing, shall:
(1) Enter a formal order of dismissal on the grounds of abandonment; or
(2) Grant a ten day period within which costs must be paid in full, in default of which the appeal is dismissed as abandoned.
F. If the appellant pays the costs required by this Article, the appeal may not be dismissed because of the passage of the return day without an extension being obtained or because of an untimely lodging of the record on appeal.
Amended by Acts 1976, No. 708, §2; Acts 1977, No. 198, §2, eff. Jan. 1, 1978; Acts 1978, No. 449, §1, eff. Jan. 1, 1979; Acts 1984, No. 937, §1; Acts 1995, No. 105, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2127. Record on appeal; preparation

Art. 2127. Record on appeal; preparation
The clerk of the trial court shall have the duty of preparing the record on appeal. He shall cause it to be lodged with the appellate court on or before the return day or any extension thereof. Failure of the clerk to prepare and lodge the record on appeal either timely or correctly shall not prejudice the appeal.
Amended by Acts 1977, No. 178, §1, eff. Jan. 1, 1978. Acts 1984, No. 937, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2127.1. Same; certified and dated

Art. 2127.1. Same; certified and dated
A. All records and supplemental records prepared for filing in any appellate court shall be certified and dated by the clerk upon completion. The certification shall include the date any transcript was received for inclusion in the record.
B. All transcripts or parts thereof completed for inclusion in the record shall be dated and certified by the court reporter who prepares them. The date of certification by the court reporter shall be the date on which the transcript was concluded and furnished to the clerk for inclusion in the record.
Amended by Acts 1984, No. 528, §3.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2127.2. Same; preparation and delivery of transcript

Art. 2127.2. Same; preparation and delivery of transcript
A. Except as provided in Paragraph B of this Article, each court reporter assigned to prepare any transcript designated to be transcribed and necessary to complete the record shall deliver the transcript to the clerk of the trial court with the duty of preparing the record for appeal no later than five days before the return day.
B. Whenever the court reporter cannot deliver the transcript to the clerk of the trial court by the date required in Paragraph A, the reporter shall draft and file a request for an extension of the return day with the trial court or court of appeal as provided by law. Whenever a court reporter has not delivered a transcript by the fifth day prior to the return day, the clerk of the trial court shall file a certificate with the court of appeal advising that the record is ready for lodging except for the lack of delivery of the transcript. In such certificate the clerk shall include the names and addresses of each court reporter who has failed to deliver a transcript, the date estimated costs were paid, and whether any of the named court reporters have requested an extension of the return day.
C. Upon the request of the court of appeal when the transcript has not been delivered to the clerk of court but the record is otherwise ready for lodging, the record shall be lodged. The clerk of the trial court shall include with the record a certificate stating the names and addresses of each court reporter who is required to prepare and deliver a transcript of the case and a statement of the date on which estimated costs and, if relevant, additional costs were paid. Thereafter, the court of appeal may issue appropriate orders to any named court reporter to expedite preparation and delivery of any necessary transcripts.
Added by Acts 1984, No. 937, §1. Amended by Acts 1997, No. 409, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2127.3. Same; contempt

Art. 2127.3. Same; contempt
The failure of the court reporter to file the transcript with the clerk no later than five days before the return date or any extension thereof shall subject such reporter to prosecution for contempt of court. Such contempt charges may be initiated by the trial judge or by the court of appeal on the court's own motion or on the motion of any party.
Amended by Act 1984, No. 525, §1; Acts 1997, No. 409, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2128. Same; determination of content

Art. 2128. Same; determination of content
The form and content of the record on appeal shall be in accordance with the rules of the appellate court, except as provided in the constitution and as provided in Article 2128.1. However, within three days, exclusive of holidays, after taking the appeal the appellant may designate in a writing filed with the trial court such portions of the record which he desires to constitute the record on appeal. Within five days, exclusive of holidays, after service of a copy of this designation on the other party, that party may also designate in a writing filed with the trial court such other portions of the record as he considers necessary. In such cases the clerk shall prepare the record on appeal as so directed, but a party or the trial court may cause to be filed thereafter any omitted portion of the record as a supplemental record. When no designation is made, the record shall be a transcript of all the proceedings as well as all documents filed in the trial court.
Acts 2012, No. 171, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2131. Same; narrative of facts

Art. 2131. Same; narrative of facts
If the testimony of the witnesses has not been taken down in writing the appellant must request the other parties to join with him in a written and signed narrative of the facts, and in cases of disagreement as to this narrative or of refusal to join in it, at any time prior to the lodging of the record in the appellate court, the judge shall make a written narrative of the facts, which shall be conclusive.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2132. Same; correction

Art. 2132. Same; correction
A record on appeal which is incorrect or contains misstatements, irregularities or informalities, or which omits a material part of the trial record, may be corrected even after the record is transmitted to the appellate court, by the parties by stipulation, by the trial court or by the order of the appellate court. All other questions as to the content and form of the record shall be presented to the appellate court.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2133. Answer of appellee; when necessary

Art. 2133. Answer of appellee; when necessary
A. An appellee shall not be obliged to answer the appeal unless he desires to have the judgment modified, revised, or reversed in part or unless he demands damages against the appellant. In such cases, he must file an answer to the appeal, stating the relief demanded, not later than fifteen days after the return day or the lodging of the record whichever is later. The answer filed by the appellee shall be equivalent to an appeal on his part from any portion of the judgment rendered against him in favor of the appellant and of which he complains in his answer. Additionally, however, an appellee may by answer to the appeal, demand modification, revision, or reversal of the judgment insofar as it did not allow or consider relief prayed for by an incidental action filed in the trial court. If an appellee files such an answer, all other parties to the incidental demand may file similar answers within fifteen days of the appellee's action.
B. A party who does not seek modification, revision, or reversal of a judgment in an appellate court, including the supreme court, may assert, in support of the judgment, any argument supported by the record, although he has not appealed, answered the appeal, or applied for supervisory writs.
Amended by Acts 1968, No. 129, §1; Acts 1970, No. 474, §1; Acts 1989, No. 121, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2161. Dismissal for irregularities

CHAPTER 3. PROCEDURE IN APPELLATE COURT
Art. 2161. Dismissal for irregularities
An appeal shall not be dismissed because the trial record is missing, incomplete or in error no matter who is responsible, and the court may remand the case either for retrial or for correction of the record. An appeal shall not be dismissed because of any other irregularity, error or defect unless it is imputable to the appellant. Except as provided in Article 2162, a motion to dismiss an appeal because of any irregularity, error, or defect which is imputable to the appellant must be filed within three days, exclusive of holidays, of the return day or the date on which the record on appeal is lodged in the appellate court, whichever is later.
Amended by Acts 1972, No. 531 §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2162. Dismissal by consent of parties, or because of lack of jurisdiction or right to appeal, or abandonment; transfer

Art. 2162. Dismissal by consent of parties, or because of lack of jurisdiction or right to appeal, or abandonment; transfer
An appeal can be dismissed at any time by consent of all parties, or for lack of jurisdiction of the appellate court, or because there is no right to appeal, or if, under the rules of the appellate court, the appeal has been abandoned.
If an appeal is taken to an appellate court which has no jurisdiction over it, the court may transfer the appeal to the proper court, upon such terms and conditions as it may prescribe. If an appeal is transferred to the supreme court in error, the supreme court may transfer or retransfer it to the proper court.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2163. Peremptory exception filed in appellate court; remand if prescription pleaded

Art. 2163. Peremptory exception filed in appellate court; remand if prescription pleaded
The appellate court may consider the peremptory exception filed for the first time in that court, if pleaded prior to a submission of the case for a decision, and if proof of the ground of the exception appears of record.
If the ground for the peremptory exception pleaded in the appellate court is prescription, the plaintiff may demand that the case be remanded to the trial court for trial of the exception.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2164. Scope of appeal and action to be taken; costs

Art. 2164. Scope of appeal and action to be taken; costs
The appellate court shall render any judgment which is just, legal, and proper upon the record on appeal. The court may award damages, including attorney fees, for frivolous appeal or application for writs, and may tax the costs of the lower or appellate court, or any part thereof, against any party to the suit, as in its judgment may be considered equitable.
Acts 2010, No. 184, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2166. Rehearing, court of appeal judgment; finality; stay

Art. 2166. Court of appeal judgment rehearing; finality; stay
A. Within fourteen days of the transmission of the notice of the judgment of the court of appeal, a party may apply to the court of appeal for a rehearing. Within thirty days of the transmission of the notice of the judgment of the court of appeal, a party may apply to the supreme court for a writ of certiorari. The judgment of a court of appeal becomes final and definitive if neither an application to the court of appeal for rehearing nor an application to the supreme court for a writ of certiorari is timely filed.
B. When any party files a timely application to the court of appeal for a rehearing, the time within which any other party may apply to the supreme court for a writ of certiorari shall be extended until thirty days of the transmission of the notice of a denial of rehearing.
C. When a timely application for rehearing has been filed in the court of appeal and the court of appeal denies the application, the judgment becomes final and definitive unless an application for writ of certiorari to the supreme court is filed within thirty days of the transmission of the notice of a denial of rehearing.
D. When a party files a timely application for a writ of certiorari to the supreme court within the delays provided in this Article, any other party may also apply for certiorari to the supreme court within thirty days of the transmission of the notice of judgment of the court of appeal or within ten days of the transmission by the supreme court clerk of the notice of first application for certiorari in the case, whichever is later.
E. When an application for certiorari to the supreme court is timely filed, a judgment of the court of appeal becomes final and definitive after a delay of five days, exclusive of legal holidays, commencing to run on the day after the clerk has mailed the denial by the supreme court of the application for certiorari. The supreme court may stay the execution of the judgment of the court of appeal pending a timely application for certiorari or an appeal to the United States Supreme Court.
F. For the purposes of this Article, "transmission of the notice" means the sending of the notice via the United States Postal Service, electronic mail, or facsimile.
Acts 1983, No. 451, §2; Acts 2001, No. 587, §1; Acts 2012, No. 290, §1, eff. Jan. 1, 2013; Acts 2012, No. 741, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2167. Rehearing, supreme court judgment; finality; stay

Art. 2167. Supreme court judgment rehearing; finality; stay
A. Within fourteen days of the transmission of the notice of judgment in the supreme court, a party may apply to the court for a rehearing.
B. A judgment of the supreme court becomes final and definitive when the delay for application for rehearing has expired and no timely application therefor has been made.
C. When an application for rehearing has been applied for timely, a judgment of the supreme court becomes final and definitive when the application is denied. The supreme court may stay the execution of the judgment pending a timely application for certiorari or an appeal to the United States Supreme Court.
D. For the purposes of this Article, "transmission of the notice" means the sending of the notice via the United States Postal Service, electronic mail, or facsimile.
Amended by Acts 1977, No. 180, §1, eff. Jan. 1, 1978; Acts 1982, No. 163, §1; Acts 2012, No. 290, §1, eff. Jan. 1, 2013.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2168. Posting of unpublished opinions; citation

Art. 2168. Posting of unpublished opinions; citation
A. The unpublished opinions of the supreme court and the courts of appeal shall be posted by such courts on the Internet websites of such courts.
B. Opinions posted as required in this Article may be cited as authority and, if cited, shall be cited by use of the case name and number assigned by the posting court.
Acts 2006, No. 644, §1.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2251. Execution only in trial court; appellate court judgment

BOOK IV
EXECUTION OF JUDGMENTS
TITLE I. GENERAL DISPOSITIONS
Art. 2251. Execution only in trial court; appellate court judgment
A judgment can be executed only by a trial court.
A party seeking to execute a judgment of an appellate court must first file a certified copy with the clerk of the trial court. This filing may be made without prior notice to the adverse party.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2252. Delay before proceeding with execution

Art. 2252. Delay before proceeding with execution
A judgment creditor may proceed with the execution of a judgment only after the delay for a suspensive appeal therefrom has elapsed; however, recordation of a judgment in the mortgage records prior to the lapsing of the delay for a suspensive appeal does not begin proceedings for the execution of the judgment.
Acts 1985, No. 523, §1, eff. July 12, 1985.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2253. Writ from clerk to sheriff

Art. 2253. Writ from clerk to sheriff
At the request of a judgment creditor, the clerk shall issue a writ bearing his signature, the seal of the court, and the date, and directing the sheriff of the parish where the judgment is to be executed to enforce it in the manner set forth in the writ. Concurrent writs may be directed to sheriffs of several parishes.
2023 Louisiana Laws › Code of Civil Procedure › Art. 2254. Execution by sheriff; return; wrongful seizure

Art. 2254. Execution by sheriff; return; wrongful seizure
A. The sheriff shall proceed promptly to execute the writ and make a return to the clerk who issued it, stating the manner in which it was executed.
B. The sheriff shall have no liability to the debtor or to any third party for wrongful or improper seizure of the debtor's or third party's property of the same general type as described in the debtor's security agreement. If necessary, the sheriff shall request the secured creditor to identify the property subject to the security agreement and shall act pursuant to the secured creditor's instructions. The debtor's and other owner's sole remedy for the wrongful or improper seizure of the property shall be for actual losses sustained under R.S. 10:9-625 against the secured creditor on whose behalf and pursuant to whose instructions the sheriff may act.
Acts 1989, No. 137, §18, eff. Sept. 1, 1989; Acts 2021, No. 259, §2.