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Art. 2086.Right of Third Person to Appeal

Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 2086 allows any person who could have intervened in the trial court proceedings to appeal the resulting judgment, even though that person was never a party below, and regardless of whether another party has already appealed.

Full Text of Art. 2086

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A person who could have intervened in the trial court may appeal, whether or not any other appeal has been taken.

Plain-English Summary

Intervention lets a nonparty with a stake in pending litigation join the case before judgment. Article 2086 gives that same category of person an appellate remedy when intervention never happened: anyone who could have intervened at the trial court level may appeal the judgment that came out of it, effectively opening a path into the case at the appellate stage for someone who was eligible to join it earlier but did not.

The right does not depend on what other parties have done. Article 2086 specifically allows this third-person appeal "whether or not any other appeal has been taken," so a person eligible to have intervened can appeal on their own even where no party to the suit appealed at all, or can pursue an appeal alongside one a party already filed.

The rule protects people whose interests are affected by a judgment even though they never formally joined the lawsuit, giving them a way to contest an adverse outcome despite having stayed out of the trial court proceedings. A third person appealing under this article is still bound by the same delays for taking an appeal that run from the judgment, whether the appeal taken is devolutive or suspensive.

Frequently Asked Questions

Can someone who was never a party to a lawsuit appeal the judgment in Louisiana?

Yes, if that person could have intervened in the trial court proceedings. Article 2086 gives that person a right to appeal the resulting judgment despite never having been a party.

What does it mean that a person 'could have intervened'?

It means the person had a legal interest sufficient to join the litigation as an intervenor before judgment, even though they did not do so.

Does a third person's right to appeal depend on another party appealing first?

No. Article 2086 says the right applies whether or not any other appeal has been taken, so it does not depend on another party's decision to appeal.

What deadline applies to a third person's appeal under Article 2086?

The same appeal delays that apply to any other appeal from the judgment, whether the third person takes a devolutive appeal or a suspensive appeal.

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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