United States · State civil pleading and appeal
When must a Louisiana suspensive appeal and security be completed?
CCP article 2123(A) ordinarily requires taking the suspensive appeal and furnishing its security within thirty days after the unexercised new-trial or JNOV delay expires, or mailing notice refusing a timely application. The appeal order and security are separate required acts. Article 2121 identifies the judgment-rendering court’s appeal order. Do not treat a bare notice or judgment-signing date as the whole model.
- Period
- 30 days in the established ordinary branch, subject to the identified conditions
- Trigger
- Expiration of the applicable unexercised new-trial or JNOV delay, or mailing notice refusing the last timely qualifying motion
- Rule
- CCP articles 2123(A) through (D); 2121
Original Louisiana Legislature consolidated web texts were retained October 8, 2026. Article 5059 and article 1974 include Acts 2025, No. 250. Article 1313 includes Acts 2026, No. 387, and article 253 expressly identifies attorney-filing requirements on and after January 1, 2026. This establishes the acquired official text, not an exhaustive independent session-law audit, actual parish holidays, emergency orders or case-specific notice and relief.
Source guide · No automated date
Check the applicable procedure
This Louisiana source guide preserves the fixed ordinary 30-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.
CCP articles 2123(A) through (D); 2121What lawyers say
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When must a Louisiana suspensive appeal and security be completed?
CCP article 2123(A) ordinarily requires taking the suspensive appeal and furnishing its security within thirty days after the unexercised new-trial or JNOV delay expires, or mailing notice refusing a timely application. The appeal order and security are separate required acts. Article 2121 identifies the judgment-rendering court’s appeal order. Do not treat a bare notice or judgment-signing date as the whole 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 30-day ordinary branch.
An appeal order is obtained within thirty days, but required security is furnished afterward. Article 2123(A) expressly requires both taking the appeal and furnishing security within the allowed thirty days. A timely order alone does not prove timely security or suspension of execution. Separately establish any applicable legal exception rather than treating an ordinary order as a waiver. The underlying article 1974 new-trial delay must first use its actual notice event and excluded legal holidays.
This Louisiana source guide preserves the fixed ordinary 30-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.
CCP articles 2123(A) through (D); 2121How does this provision count time?
- 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 30-day ordinary branch.
- An appeal order is obtained within thirty days, but required security is furnished afterward. Article 2123(A) expressly requires both taking the appeal and furnishing security within the allowed thirty days. A timely order alone does not prove timely security or suspension of execution. Separately establish any applicable legal exception rather than treating an ordinary order as a waiver. The underlying article 1974 new-trial delay must first use its actual notice event and excluded legal holidays.
- Review the actual governing computation provision before selecting any raw count.
- Apply only proved additions or relief, then verify the actual final-day calendar.
- Obtain the appeal order from the court that rendered judgment under article 2121 and furnish the required security within the article 2123 delay. The clerk’s later notice to other parties and the appellate court is a separate duty. Article 1312 excludes the appeal motion or petition from ordinary adverse-party service. Security amount, sufficiency and any statutory exception require the actual applicable authority and 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 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.
CCP articles 2123(A) through (D); 2121Which facts prevent one automatic date?
This Louisiana source guide preserves the fixed ordinary 30-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 30 consecutive days follow, before any addition or final-day review. The independent enumeration records that expressly assumed arithmetic. Obtain the appeal order from the court that rendered judgment under article 2121 and furnish the required security within the article 2123 delay. The clerk’s later notice to other parties and the appellate court is a separate duty. Article 1312 excludes the appeal motion or petition from ordinary adverse-party service. Security amount, sufficiency and any statutory exception require the actual applicable authority and evidence. Verify the actual procedure, governing count and completion boundary. No automatic legal date is supplied.
An expressly assumed raw consecutive-day illustration starts after 2026-03-12 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.
An appeal order is obtained within thirty days, but required security is furnished afterward. Article 2123(A) expressly requires both taking the appeal and furnishing security within the allowed thirty days. A timely order alone does not prove timely security or suspension of execution. Separately establish any applicable legal exception rather than treating an ordinary order as a waiver. The underlying article 1974 new-trial delay must first use its actual notice event and excluded legal holidays. 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 2123(B) synchronizes multiple timely party motions through the last acted-upon motion. Paragraph C addresses premature appeal orders becoming effective on denial. Paragraph D interrupts the delay on federal removal and commences it anew on remand. None supplies a blanket extra period for missing security or an assumed extension. Establish the actual qualifying authority and fulfilled conditions. An assertion of relief does not establish a completed required act.
Which conditions and exceptions apply?
- Actual operative event and procedure
- An appeal order is obtained within thirty days, but required security is furnished afterward. Article 2123(A) expressly requires both taking the appeal and furnishing security within the allowed thirty days. A timely order alone does not prove timely security or suspension of execution. Separately establish any applicable legal exception rather than treating an ordinary order as a waiver. The underlying article 1974 new-trial delay must first use its actual notice event and excluded legal holidays.
- 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
- Obtain the appeal order from the court that rendered judgment under article 2121 and furnish the required security within the article 2123 delay. The clerk’s later notice to other parties and the appellate court is a separate duty. Article 1312 excludes the appeal motion or petition from ordinary adverse-party service. Security amount, sufficiency and any statutory exception require the actual applicable authority and evidence.
- Proved relief and directions
- Article 2123(B) synchronizes multiple timely party motions through the last acted-upon motion. Paragraph C addresses premature appeal orders becoming effective on denial. Paragraph D interrupts the delay on federal removal and commences it anew on remand. None supplies a blanket extra period for missing security or an assumed extension.
- This Louisiana source guide preserves the fixed ordinary 30-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 suspensive route adds timely security to the appeal-order act and ordinarily uses thirty days after the established postjudgment prerequisite. Its execution-suspending purpose differs from the sixty-day devolutive route. A timely appeal order, a clerk’s notice and furnished security are three different records.
What must the responsible actor complete?
Questions about this procedure
When must a Louisiana suspensive appeal and security be completed?
Does Louisiana’s suspensive appeal require only an appeal order by day thirty?
No. Article 2123(A) ordinarily requires both taking the appeal and furnishing the security within the delay. Preserve both completion records and any actual statutory exception.
CCP articles 2123(A) through (D); 2121Does Louisiana’s suspensive period always run from judgment signing?
No. Article 2123(A) uses expiration of the applicable unexercised new-trial or JNOV delay, or mailing notice refusing a timely application. Establish that event first.
CCP articles 2123(A) through (D); 2121How does a Louisiana timely new-trial application change the suspensive trigger?
Article 2123(A)(2) uses mailing notice of refusal. Under paragraph B, multiple timely party motions use the event for the motion last acted upon.
CCP articles 2123(A) through (D); 2121Does a Louisiana premature suspensive appeal order always remain ineffective?
Article 2123(C) makes the premature order effective upon denial of the timely motions. This does not by itself prove compliance with security or other applicable requirements.
CCP articles 2123(A) through (D); 2121Who issues Louisiana’s required suspensive appeal order?
Article 2121 identifies the court that rendered the judgment. Its order can follow an oral motion in open court, written motion or petition; the clerk subsequently sends notice.
CCP article 2121, obtaining the appeal orderDoes Louisiana removal simply pause the remaining suspensive days?
Article 2123(D) states that the delay is interrupted by federal removal notice filing and commences anew on remand. Preserve actual removal and remand events rather than assuming only the remainder survives.
CCP articles 2123(A) through (D); 2121Official sources and review
Provisions used (7)
| Provision | Purpose |
|---|---|
| CCP articles 2123(A) through (D); 2121 | Check the identified procedure, event, counting rule or qualification |
| CCP article 1974, notice-based new-trial prerequisite | Check the identified procedure, event, counting rule or qualification |
| CCP article 2121, appeal order and clerk notice | Check the identified procedure, event, counting rule or qualification |
| CCP article 5059, time and actual holidays | Check the identified procedure, event, counting rule or qualification |
| Louisiana CCP article 5059, event-day exclusion, legal holidays and half-holidays | Check the identified procedure, event, counting rule or qualification |
| Louisiana CCP article 2123(A), timely appeal and security; article 2121 separately identifies appeal order | Check the identified procedure, event, counting rule or qualification |
| CCP article 2121, obtaining the appeal order | Check the identified procedure, event, counting rule or qualification |