When must a Louisiana devolutive appeal be taken?

CCP article 2087(A) ordinarily permits a devolutive appeal within sixty days after the unexercised new-trial or JNOV delay expires, or after mailing notice refusing a timely such application. This appeal does not suspend execution. Article 2121 requires obtaining an appeal order from the court that rendered judgment within the allowed delay. Judgment signing or a standalone notice is not the complete ordinary statutory model.

Responsible actor. The Louisiana party responsible for the identified civil pleading or appeal.

Preserve evidence establishing expiration of the applicable unexercised new-trial or jnov delay, or mailing notice refusing the last timely qualifying motion.

Classify the actual document and proceeding before selecting the 60-day ordinary branch.

A party timely applies for a new trial, or no party applies and the underlying seven-day delay still needs calculation. Article 2087(A)(2) uses mailing notice of refusal of a timely new-trial or JNOV application. Without such an application, paragraph (A)(1) uses expiration of the applicable delay. Current article 1974 gives seven days exclusive of legal holidays after the clerk mailed or delivered notice in open court, or the sheriff served notice as required by article 1913. Compute that prerequisite independently before starting sixty days.

This Louisiana source guide preserves the fixed ordinary 60-day branch but supplies no automatic date or paid calculation. The existing state-calendar and context verification boundary remains. Establish the actual operative event, governing edition, required act, service route, material timestamp, controlling direction and actual court calendar. The raw arithmetic scenarios are expressly assumed illustrations, not a finding that those facts or a legal final date apply.

1. Preserve evidence establishing expiration of the applicable unexercised new-trial or jnov delay, or mailing notice refusing the last timely qualifying motion.
2. Classify the actual document and proceeding before selecting the 60-day ordinary branch.
3. A party timely applies for a new trial, or no party applies and the underlying seven-day delay still needs calculation. Article 2087(A)(2) uses mailing notice of refusal of a timely new-trial or JNOV application. Without such an application, paragraph (A)(1) uses expiration of the applicable delay. Current article 1974 gives seven days exclusive of legal holidays after the clerk mailed or delivered notice in open court, or the sheriff served notice as required by article 1913. Compute that prerequisite independently before starting sixty days.
4. Review the actual governing computation provision before selecting any raw count.
5. Apply only proved additions or relief, then verify the actual final-day calendar.
6. Article 2121 requires an order of appeal from the judgment-rendering court within the delay, on an oral motion in open court, written motion or petition. The clerk then mails appeal notice to other parties and the appellate court. Article 1312 excludes the appeal motion or petition from its ordinary adverse-party service requirement. Preserve the obtained order and its timing, not merely a filed paper labelled notice.

CCP article 5059(A) excludes the operative event day and includes the last day unless it is a legal holiday. Paragraph C treats a half-holiday as a legal holiday and includes intermediate legal holidays unless expressly excluded, the last day, or a period below seven days. The ordinary twenty-one-, thirty- and sixty-day branches count intermediate days. Article 1974 expressly excludes legal holidays from its separate seven-day new-trial delay.

Article 5059 carries a final legal holiday through the next calendar day that is not a legal holiday. Establish the actual parish and court calendar, statutory half-holidays, emergency orders and accepted filing channel. The raw endpoint does not prove the next eligible day or completion time.

This Louisiana source guide preserves the fixed ordinary 60-day branch but supplies no automatic date or paid calculation. The existing state-calendar and context verification boundary remains. Establish the actual operative event, governing edition, required act, service route, material timestamp, controlling direction and actual court calendar. The raw arithmetic scenarios are expressly assumed illustrations, not a finding that those facts or a legal final date apply.

Hypothetical eligible facts establish January 5, 2026 as the operative event. Assume for arithmetic illustration that the event day is omitted and 60 consecutive days follow, before any addition or final-day review. The independent enumeration records that expressly assumed arithmetic. Article 2121 requires an order of appeal from the judgment-rendering court within the delay, on an oral motion in open court, written motion or petition. The clerk then mails appeal notice to other parties and the appellate court. Article 1312 excludes the appeal motion or petition from its ordinary adverse-party service requirement. Preserve the obtained order and its timing, not merely a filed paper labelled notice. Verify the actual procedure, governing count and completion boundary. No automatic legal date is supplied.

An expressly assumed raw consecutive-day illustration starts after 2026-02-10 and reaches Saturday, April 11, 2026. Article 5059 carries a final legal holiday through the next calendar day that is not a legal holiday. Establish the actual parish and court calendar, statutory half-holidays, emergency orders and accepted filing channel. The raw endpoint does not prove the next eligible day or completion time. Establish the actual eligible final day, office and filing or service act. The illustration does not establish that Monday is the legal deadline.

A party timely applies for a new trial, or no party applies and the underlying seven-day delay still needs calculation. Article 2087(A)(2) uses mailing notice of refusal of a timely new-trial or JNOV application. Without such an application, paragraph (A)(1) uses expiration of the applicable delay. Current article 1974 gives seven days exclusive of legal holidays after the clerk mailed or delivered notice in open court, or the sheriff served notice as required by article 1913. Compute that prerequisite independently before starting sixty days. Use the proved changed event and procedural branch. The ordinary raw period does not decide these material facts.

The Louisiana record contains a claimed extension, service addition or altered completion method without the necessary supporting evidence. CCP article 5059(A) excludes the operative event day and includes the last day unless it is a legal holiday. Paragraph C treats a half-holiday as a legal holiday and includes intermediate legal holidays unless expressly excluded, the last day, or a period below seven days. The ordinary twenty-one-, thirty- and sixty-day branches count intermediate days. Article 1974 expressly excludes legal holidays from its separate seven-day new-trial delay. Article 2087(C) uses the last qualifying party motion’s event for all parties. Paragraph D makes a premature granted appeal order effective on denial of the timely motions. Paragraph E interrupts the delay on federal removal and starts it anew on remand. Establish actual statutory events; this guide does not invent a general extension. Establish the actual qualifying authority and fulfilled conditions. An assertion of relief does not establish a completed required act.

Actual operative event and procedure

A party timely applies for a new trial, or no party applies and the underlying seven-day delay still needs calculation. Article 2087(A)(2) uses mailing notice of refusal of a timely new-trial or JNOV application. Without such an application, paragraph (A)(1) uses expiration of the applicable delay. Current article 1974 gives seven days exclusive of legal holidays after the clerk mailed or delivered notice in open court, or the sheriff served notice as required by article 1913. Compute that prerequisite independently before starting sixty days.

Applicable count and actual court access

CCP article 5059(A) excludes the operative event day and includes the last day unless it is a legal holiday. Paragraph C treats a half-holiday as a legal holiday and includes intermediate legal holidays unless expressly excluded, the last day, or a period below seven days. The ordinary twenty-one-, thirty- and sixty-day branches count intermediate days. Article 1974 expressly excludes legal holidays from its separate seven-day new-trial delay. Article 5059 carries a final legal holiday through the next calendar day that is not a legal holiday. Establish the actual parish and court calendar, statutory half-holidays, emergency orders and accepted filing channel. The raw endpoint does not prove the next eligible day or completion time.

Required completion acts

Article 2121 requires an order of appeal from the judgment-rendering court within the delay, on an oral motion in open court, written motion or petition. The clerk then mails appeal notice to other parties and the appellate court. Article 1312 excludes the appeal motion or petition from its ordinary adverse-party service requirement. Preserve the obtained order and its timing, not merely a filed paper labelled notice.

Proved relief and directions

Article 2087(C) uses the last qualifying party motion’s event for all parties. Paragraph D makes a premature granted appeal order effective on denial of the timely motions. Paragraph E interrupts the delay on federal removal and starts it anew on remand. Establish actual statutory events; this guide does not invent a general extension.

• This Louisiana source guide preserves the fixed ordinary 60-day branch but supplies no automatic date or paid calculation. The existing state-calendar and context verification boundary remains. Establish the actual operative event, governing edition, required act, service route, material timestamp, controlling direction and actual court calendar. The raw arithmetic scenarios are expressly assumed illustrations, not a finding that those facts or a legal final date apply.
• Louisiana’s sixty-day devolutive appeal follows a prerequisite postjudgment delay or mailed refusal notice, and taking it requires an appeal order from the judgment-rendering court. It differs from the thirty-day suspensive route, which also requires timely security. Neither route can borrow a generic judgment-entry notice-filing model.

• Preserve evidence establishing expiration of the applicable unexercised new-trial or jnov delay, or mailing notice refusing the last timely qualifying motion.
• Classify the actual document and proceeding before selecting the 60-day ordinary branch.
• A party timely applies for a new trial, or no party applies and the underlying seven-day delay still needs calculation. Article 2087(A)(2) uses mailing notice of refusal of a timely new-trial or JNOV application. Without such an application, paragraph (A)(1) uses expiration of the applicable delay. Current article 1974 gives seven days exclusive of legal holidays after the clerk mailed or delivered notice in open court, or the sheriff served notice as required by article 1913. Compute that prerequisite independently before starting sixty days.
• Verify the actual court calendar, completion channel and material receipt timestamp.
• Article 2121 requires an order of appeal from the judgment-rendering court within the delay, on an oral motion in open court, written motion or petition. The clerk then mails appeal notice to other parties and the appellate court. Article 1312 excludes the appeal motion or petition from its ordinary adverse-party service requirement. Preserve the obtained order and its timing, not merely a filed paper labelled notice.
• Retain the applicable rule edition, controlling directions and completed filing and service records.
• Article 2121 requires an order of appeal from the judgment-rendering court within the delay, on an oral motion in open court, written motion or petition. The clerk then mails appeal notice to other parties and the appellate court. Article 1312 excludes the appeal motion or petition from its ordinary adverse-party service requirement. Preserve the obtained order and its timing, not merely a filed paper labelled notice.