A. Except as otherwise provided in this Article or by other law, an appeal which does not suspend the effect or the execution of an appealable order or judgment may be taken within sixty days of any of the following:
Art. 2087.Delay For Taking Devolutive Appeal
Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 1. General Dispositions · Last amended 1997 · Last verified July 30, 2026
In one sentenceArticle 2087 gives a party sixty days to take a devolutive appeal, one that does not suspend enforcement of the judgment below, measured from the expiration of the delay to seek a new trial or from notice that such a motion was denied, and adjusts that deadline for multiple parties and federal removal.
Full Text of Art. 2087
(2) The date of the mailing of notice of the court's refusal to grant a timely application for a new trial or judgment notwithstanding the verdict, as provided under Article 1914. B. When a devolutive appeal has been taken timely, an appellee who seeks to have the judgment appealed from modified, revised, or reversed as to any party may take a devolutive appeal therefrom within the delays allowed in Paragraph A of this Article or within ten days of the mailing by the clerk of the notice of the first devolutive appeal in the case, whichever is later. C. When one or more parties file motions for new trial or for judgment notwithstanding the verdict, the delay periods specified herein shall commence for all parties at the time they commence for the party whose motion is last to be acted upon by the trial court. D. An order of appeal is premature if granted before the court disposes of all timely filed motions for new trial or judgment notwithstanding the verdict. The order becomes effective upon the denial of such motions. E. The time within which to take a devolutive appeal under the provisions of this Article is interrupted for all parties upon the filing of a notice of removal in a district court of the United States, pursuant to the provisions of 28 U.S.C.1446, and commences anew on the date the proceeding is remanded.
Amendment History
Amended by Acts 1962, No. 92, §1; Acts 1976, No. 201, §1; Acts 1977, No. 174, §1, eff. 1/1/1978; Acts 1987, No. 695, §1; Acts 1995, No. 658, §1; Acts 1997, No. 609, §1; Acts 1997, No. 1056, §1.
Plain-English Summary
Louisiana uses the word "delay" to mean a fixed time period or deadline, not a postponement, and Article 2087 is where that usage first matters in this Title. A devolutive appeal is one that does not suspend the effect or execution of the judgment being appealed — the trial court's judgment stays enforceable while the appeal moves forward, unlike a suspensive appeal, which pauses enforcement.
The sixty-day delay for taking a devolutive appeal runs from one of two triggers: the expiration of the delay for applying for a new trial or judgment notwithstanding the verdict, if no such application was filed in time, or the date the clerk mails notice that a timely application for a new trial or judgment notwithstanding the verdict was denied. Filing a timely motion for a new trial or judgment notwithstanding the verdict pauses the appeal clock until the trial court rules on it.
Paragraph B protects an appellee who wants to challenge the same judgment after a devolutive appeal has already been taken: that appellee gets the later of the normal sixty-day delay or ten days after the clerk mails notice of the first devolutive appeal, so a party focused on defending an appeal does not lose the chance to bring one. Paragraphs C through E round out the timing rules: when several parties file motions for a new trial or judgment notwithstanding the verdict, the delay for everyone runs from whichever motion the trial court rules on last; an order of appeal granted before the court disposes of all such timely motions is premature and takes effect only once they are denied; and the delay is interrupted for every party if the case is removed to a federal district court, resuming on the date the case is remanded.
Frequently Asked Questions
What is a devolutive appeal in Louisiana?
An appeal that does not suspend the effect or execution of the judgment being appealed. Article 2087 sets the deadline for taking one; the judgment remains enforceable while the appeal is pending.
What does 'delay' mean in Louisiana appellate procedure?
It means a fixed time period or deadline, not a postponement. Article 2087 uses the term this way when it sets the sixty-day delay for taking a devolutive appeal.
How long do I have to take a devolutive appeal in Louisiana?
Generally sixty days, running from the expiration of the delay to apply for a new trial or judgment notwithstanding the verdict, or from notice that such an application was denied.
If I file a motion for a new trial, does that affect my appeal deadline?
Yes. The devolutive appeal delay does not begin until that motion is resolved, and when several parties file such motions, the delay for all of them runs from whichever motion the trial court decides last.
What happens to the appeal deadline if the case is removed to federal court?
It is interrupted for all parties once a notice of removal is filed, and it begins running again on the date the case is remanded back.
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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