A. The jurisdiction of the trial court over all matters in the case reviewable under the appeal is divested, and that of the appellate court attaches, on the granting of the order of appeal and the timely filing of the appeal bond, in the case of a suspensive appeal, or on the granting of the order of appeal, in the case of a devolutive appeal. Thereafter, the trial court has jurisdiction in the case only over those matters not reviewable under the appeal, including the right to do any of the following:
Art. 2088.Divesting of Jurisdiction of Trial Court
Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 1. General Dispositions · Last amended 2025 · Last verified July 30, 2026
In one sentenceArticle 2088 divests the trial court of jurisdiction over matters reviewable on appeal once the order of appeal is granted, and, for a suspensive appeal, once the appeal bond is also timely filed, while preserving the trial court's authority over a specific list of remaining matters.
Full Text of Art. 2088
(5) Test the solvency of the surety on the appeal bond as of the date of its filing or subsequently, consider objections to the form, substance, and sufficiency of the appeal bond, and permit the curing thereof, as provided in Articles 5123, 5124, and 5126.
(6) Grant an appeal to another party.
(7) Execute or give effect to the judgment when its execution or effect is not suspended by the appeal.
(10) Set and tax costs, expert witness fees, and attorney fees.
B. In the case of a suspensive appeal, when the appeal bond is not timely filed and the suspensive appeal is thereby not perfected, the trial court maintains jurisdiction to convert the suspensive appeal to a devolutive appeal, except in an eviction case.
Amendment History
Amended by Acts 2025, No. 250, §4, eff. 8/1/2025. 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 1964, No. 4, §1. Acts 1968, No. 128, §1. Acts 1977, No. 175, §1, eff. 1/1/1978. Acts 1983, No. 126, §1; Acts 2008, No. 658, §1.
Plain-English Summary
A suspensive appeal, unlike the devolutive appeal described in Article 2087, suspends enforcement of the judgment while the appeal is pending. To take one, the appellant generally has to post an appeal bond, security that protects the party who won below in case the judgment is affirmed. Article 2088 ties the divesting of the trial court's jurisdiction to that distinction: for a devolutive appeal, the trial court loses jurisdiction over the matters reviewable on appeal as soon as the order of appeal is granted, while for a suspensive appeal, that same divesting waits until the appeal bond has also been timely filed, since the judgment's enforcement is not suspended until the bond is in place.
The divesting reaches only matters reviewable under the appeal. The trial court keeps jurisdiction over everything else, and Article 2088 lists specific matters that remain within its power even after an appeal is taken: allowing a deposition; extending the return day, the deadline by which the record must be lodged with the appellate court; permitting a written narrative of the facts when needed; correcting misstatements or omissions in the trial record; testing the solvency of the appeal bond's surety and addressing objections to the bond; granting an appeal to another party; enforcing a judgment whose effect the appeal has not suspended; permitting certain deposits of money; imposing penalties or dismissing the appeal for unpaid costs; taxing costs, expert fees, and attorney fees; and amending a judgment to supply proper decretal language. The list originally ran to twelve numbered items; item twelve was repealed by Acts 2025, No. 250, § 4, leaving the trial court's retained authority defined by the items that remain.
Paragraph B addresses what happens when a suspensive appeal falls through for lack of a timely bond. Rather than losing the appeal outright, the appellant benefits from the trial court's retained authority to convert the suspensive appeal into a devolutive one, so the appeal survives even though enforcement of the judgment is no longer suspended. That conversion option does not apply in an eviction case.
Frequently Asked Questions
When does a Louisiana trial court lose jurisdiction after an appeal is taken?
For a devolutive appeal, as soon as the order of appeal is granted. For a suspensive appeal, only once the order of appeal is granted and the appeal bond is also timely filed.
What is a suspensive appeal, and how does it differ from a devolutive appeal?
A suspensive appeal suspends enforcement of the judgment while the appeal is pending, usually requiring an appeal bond as security. A devolutive appeal, addressed in Article 2087, does not suspend enforcement and requires no such bond.
Does the trial court keep any power once an appeal is taken?
Yes. Article 2088 lists specific matters the trial court can still handle, including extending the return day, correcting the trial record, addressing objections to the appeal bond, and taxing costs and fees.
What happens if the appeal bond for a suspensive appeal is not filed on time?
The trial court retains jurisdiction to convert the suspensive appeal into a devolutive appeal, so the appeal is not automatically lost, except in an eviction case, where this conversion is not available.
What happened to item twelve of Article 2088's list of retained trial court powers?
It was repealed by Acts 2025, No. 250, § 4. The article's list of matters the trial court retains jurisdiction over now consists of the remaining numbered items.
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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