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 delivered in open court, or the sheriff has served, the notice of judgment as required by Article 1913.
Art. 1974.Delay For Applying For New Trial
Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 4. Modification In Trial Court · Last amended 2025 · Last verified July 30, 2026
In one sentenceArticle 1974 gives a party seven days, not counting legal holidays, to file a motion for new trial after the clerk mails or delivers the notice of judgment, or the sheriff serves it, as required by Article 1913.
Full Text of Art. 1974
Amendment History
Amended by Acts 2025, No. 250, §3, eff. 8/1/2025. Amended by Acts 2021, No. 259, §2, eff. 8/1/2021. Amended by Acts 1961, No. 23, §1; Acts 1974, No. 520, §1; Acts 1999, No. 1263, §1, eff. 1/1/2000.
Plain-English Summary
A motion for new trial does not stay open indefinitely. Article 1974 sets a short clock: a party has seven days, excluding legal holidays, to file the motion. That window starts running when the notice of judgment goes out — whether the clerk of court mails it, hands it to a party in open court, or the sheriff formally serves it, following the notice procedure Article 1913 requires.
Counting only business days, rather than every calendar day, gives litigants a workable week to review the judgment, consult with counsel, and decide whether grounds exist for a new trial. But the deadline is short compared with an ordinary appeal deadline, which reflects how a motion for new trial is meant to be a quick, first-line check on the trial court's own judgment rather than a leisurely second look.
Missing this window does not necessarily end a losing party's options. A judgment can still be attacked later through an action of nullity under Article 2001 if the facts fit one of that action's own grounds, though nullity is a narrower remedy than a timely motion for new trial and, for vices of substance like fraud, carries its own separate one-year deadline under Article 2004.
Frequently Asked Questions
How long do I have to file a motion for new trial in Louisiana?
Seven days, not counting legal holidays, running from the date the clerk mails or delivers the notice of judgment in open court, or the sheriff serves it, as Article 1913 requires.
What starts the seven-day clock under Article 1974?
The notice of judgment itself — whichever of the three delivery methods Article 1913 uses in the case: mailing by the clerk, delivery in open court, or service by the sheriff.
What happens if I miss the seven-day deadline for a motion for new trial?
Why does Article 1974 exclude legal holidays from the count?
Excluding legal holidays keeps the seven-day period from being effectively shortened whenever a holiday falls within it, giving the party a consistent number of working days to prepare and file the motion.
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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