Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 2. Procedure For Appealing · Last amended 1976 · Last verified July 30, 2026
In one sentenceArticle 2121 explains how a Louisiana appeal begins: a party obtains an order of appeal, granted on oral motion in open court, on written motion, or on petition, within the applicable delay, and the trial court clerk then mails notice of the appeal to the other parties and to the appellate court.
Full Text of Art. 2121
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An appeal is taken by obtaining an order therefor, within the delay allowed, from the court which rendered the judgment.
An order of appeal may be granted on oral motion in open court, on written motion, or on petition. This order shall show the return day of the appeal in the appellate court and shall provide the amount of security to be furnished, when the law requires the determination thereof by the court.
When the order is granted, the clerk of court shall mail a notice of appeal to counsel of record of all other parties, to the respective appellate court, and to other parties not represented by counsel. The failure of the clerk to mail the notice does not affect the validity of the appeal.
An appeal in Louisiana does not happen automatically just because a party is unhappy with a judgment. Article 2121 requires the party to obtain an order of appeal from the court that rendered the judgment, and to do so within the delay the law allows. In Louisiana practice, a delay is a fixed period of time within which something must be done, not a postponement, and the applicable period here depends on whether the appeal is devolutive or suspensive.
The order itself can come about three ways: an oral motion made in open court, a written motion, or a petition. Whichever route is used, the order has to show the return day — the date by which the record must reach the appellate court, addressed later in this chapter — and, when the law leaves that determination to the court, the amount of security the appellant must post.
Once the trial court signs the order, the clerk mails a notice of appeal to counsel of record for every other party, to the appellate court itself, and to any party who has no attorney. Article 2121 closes with a practical safeguard: if the clerk forgets to send that notice, the appeal remains valid regardless. A litigant who did everything the law requires is not penalized for a clerk's oversight.
Frequently Asked Questions
How do I start an appeal under Louisiana law?
By obtaining an order of appeal from the trial court that rendered the judgment, within the delay the law allows. Article 2121 lets that order be requested orally in open court, by written motion, or by petition.
What has to be included in the order of appeal?
The return day for lodging the record with the appellate court, and, when the court must set it, the amount of security the appellant needs to furnish.
Does the clerk have to notify the other parties once an appeal is granted?
Yes. Article 2121 requires the clerk to mail notice of the appeal to counsel of record, to unrepresented parties, and to the appellate court.
What if the clerk forgets to mail the notice of appeal?
The appeal remains valid. Article 2121 specifically provides that the clerk's failure to mail notice does not affect the 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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