A. Except as otherwise provided by law, an appeal that suspends the effect or the execution of an appealable order or judgment may be taken, and the security therefor furnished, only within thirty days of any of the following:
Art. 2123.Delay For Taking Suspensive Appeal
Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 2. Procedure For Appealing · Last amended 1997 · Last verified July 30, 2026
In one sentenceArticle 2123 sets the 30-day deadline for taking and securing a suspensive appeal, which halts enforcement of the judgment, measured from the end of the new-trial or judgment-notwithstanding-the-verdict delay or from notice that such a motion was refused, and addresses multiple motions, premature orders, and federal court removal.
Full Text of Art. 2123
(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. Whenever one or more parties file motions for a new trial or for judgment notwithstanding the verdict, the delay periods specified herein commence for all parties at the time they commence for the party whose motion is last to be acted upon by the trial court. C. 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. D. The time within which to take a suspensive 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 1974, No. 129, §1; Acts 1987, No. 695, §1; Acts 1995, No. 658, §1; Acts 1997, No. 609, §1; Acts 1997, No. 1056, §1.
Plain-English Summary
Louisiana appeals come in two forms. A devolutive appeal lets the judgment be enforced while the appeal proceeds; a suspensive appeal halts that enforcement until the appellate court decides the case. Because a suspensive appeal keeps the winning party from collecting on the judgment in the meantime, Article 2123 gives it a tighter window than the devolutive delay set out in Article 2087, and Article 2124 requires the appellant to post security for it.
The 30-day period runs from one of two triggers. If no party timely applied for a new trial or for judgment notwithstanding the verdict, the clock starts once the delay for filing such an application expires. If a party did apply and the trial court refused it, the clock starts from the date the clerk mails notice of that refusal.
When more than one party files a motion for new trial or judgment notwithstanding the verdict, the 30-day period starts for everyone only once the trial court has acted on the last such motion, so no party's window closes early just because their own motion was resolved first. An order of appeal granted before the trial court disposes of all timely motions is premature and does not take effect until those motions are denied.
Article 2123 also addresses federal court removal. Filing a notice of removal under 28 U.S.C. 1446 interrupts the suspensive appeal delay for every party, and the delay starts over once the case is remanded back to state court, so a removal attempt does not quietly run out a party's time to take a suspensive appeal.
Frequently Asked Questions
What is the difference between a suspensive and a devolutive appeal in Louisiana?
A suspensive appeal halts enforcement of the judgment while the appeal is pending; a devolutive appeal, governed by Article 2087, does not, so the judgment can be enforced even as the appeal proceeds.
How long do I have to take a suspensive appeal in Louisiana?
Generally 30 days, measured from the expiration of the delay for a timely new-trial or judgment-notwithstanding-the-verdict motion, or from the mailing of notice that such a motion was refused.
What if more than one party files a motion for new trial?
The 30-day period for taking a suspensive appeal begins for all parties only once the trial court has ruled on the last such motion to be decided.
Can I take a suspensive appeal while a motion for new trial is still pending?
An order granted before the trial court rules on all timely new-trial or judgment-notwithstanding-the-verdict motions is premature and only becomes effective once those motions are denied.
Does removing a case to federal court affect the suspensive appeal deadline?
Yes. Filing a notice of removal interrupts the delay for all parties, and it commences anew once the case is remanded to state court.
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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