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.
Art. 1971.Granting of New Trial
Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 4. Modification In Trial Court · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1971 authorizes a Louisiana trial court to grant a new trial, on a party's contradictory motion or the court's own initiative, to some or all parties on some or all issues, or purely for reargument, and allows the judgment to be held in abeyance when the new trial covers less than the whole case.
Full Text of Art. 1971
Plain-English Summary
Article 1971 opens Louisiana's new trial framework by stating who can set one in motion and how far it can reach. A party can ask for a new trial by contradictory motion — a motion filed and served on the other side, who gets notice and a chance to be heard before the court rules. The court can also order a new trial on its own, without waiting for either side to ask.
A new trial does not have to redo the entire case. The court can grant it to every party or only some of them, cover every issue in the case or just part of it, or limit it further to reargument only, where the parties re-present their legal arguments on the existing record without any new evidence. That flexibility lets a court fix a discrete problem, such as one issue decided against the weight of the evidence, without disturbing everything else the judgment resolved.
When a new trial covers less than the full case, the article lets the court hold the rest of the judgment in abeyance — meaning the judgment does not become final and enforceable as to any party or issue while the partial new trial is pending. That keeps the case moving as one coordinated proceeding rather than splitting into a final judgment on some issues and an open new trial on others.
Frequently Asked Questions
Who can ask a Louisiana trial court for a new trial?
Any party can request one through a contradictory motion, meaning a motion filed and served on the opposing party with an opportunity to respond. The court can also grant a new trial on its own motion, without either party asking.
Does a new trial always redo the whole case?
No. Article 1971 lets the court limit a new trial to some parties, some issues, or reargument only, where the parties reargue the case on the existing record without offering new evidence.
What happens to the rest of the judgment when a new trial covers only part of the case?
The court may hold the whole judgment in abeyance as to all parties and issues, so nothing in the case becomes final while the partial new trial is pending.
What is the difference between a new trial and reargument only?
An ordinary new trial can involve new evidence and witnesses. A new trial granted for reargument only, under Article 1978, excludes new evidence entirely — the parties present their arguments again on the record already made.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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