Notice of the motion for new trial and of the time and place assigned for hearing thereon must be served upon the opposing party as provided by Article 1314.
Art. 1976.Service of Notice
Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 4. Modification In Trial Court · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1976 requires notice of a motion for new trial, and of the time and place set for its hearing, to be served on the opposing party according to the general service-of-pleadings procedure in Article 1314.
Full Text of Art. 1976
Plain-English Summary
A motion for new trial cannot be decided in secret. Article 1976 requires that notice of the motion, along with the time and place the hearing is set for, reach the opposing party before the court rules. That notice must be served according to Article 1314, Louisiana's general rule for serving pleadings other than the original petition that starts a case.
This service requirement carries out the contradictory-motion structure Article 1971 already establishes: a motion for new trial is heard on notice, with both sides given the chance to appear and be heard, not decided on one party's say-so alone. Proper notice under Article 1976 is what turns the filing of the motion into a genuine contradictory proceeding rather than a one-sided request.
For the moving party, this means the work of filing the motion for new trial is not finished until notice of the motion and the hearing date has gone out to the opposing side in the manner Article 1314 requires. Skipping or botching that step can undercut the motion regardless of how strong its substantive grounds are.
Frequently Asked Questions
Does the other side have to be notified of a motion for new trial?
Yes. Article 1976 requires notice of the motion, plus the time and place assigned for the hearing, to be served on the opposing party.
What service method applies to a motion for new trial?
The general procedure Article 1314 sets for serving pleadings other than the initial petition, rather than the more formal citation process used to start a lawsuit.
Why does the notice requirement in Article 1976 matter?
It carries out the contradictory-motion structure Article 1971 sets up for a new trial, ensuring the opposing party has a genuine opportunity to appear and be heard before the court rules on 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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