A. No security is required for a devolutive appeal. B. The security to be furnished for a suspensive appeal is determined in accordance with the following rules:
Art. 2124.Security to Be Furnished For an Appeal
Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 2. Procedure For Appealing · Last amended 2001 · Last verified July 30, 2026
In one sentenceArticle 2124 requires no security for a devolutive appeal but sets detailed rules for the security that secures a suspensive appeal, tying the amount to the judgment's size, to funds already held by the court, or to the trial court's discretion, and lets a party challenge that amount by supervisory writ.
Full Text of Art. 2124
(1) When the judgment is for a sum of money, the amount of the security shall be equal to the amount of the judgment, including the interest allowed by the judgment to the date the security is furnished, exclusive of the costs.
(a) However, in all cases, except litigation related to the Tobacco Master Settlement Agreement, or any litigation where the state is a judgment creditor, where the amount of the judgment exceeds one hundred fifty million dollars, the trial court, upon motion and after a hearing, may, in the exercise of its broad discretion, fix the security in an amount sufficient to protect the rights of the judgment creditor while at the same time preserving the favored status of appeals in Louisiana.
(b) The time for taking the suspensive appeal under Article 2123 shall be interrupted for judgments pursuant to Article 2124(B)(1)(a) until the trial court fixes the amount of the security and commences anew on the date the security is fixed.
(2) When the judgment distributes a fund in custodia legis, only security sufficient to secure the payment of costs is required.
(3) In all other cases, the security shall be fixed by the trial court at an amount sufficient to assure the satisfaction of the judgment, together with damages for the delay resulting from the suspension of the execution.
C. Where the party seeking to appeal from a judgment for a sum of money is aggrieved by the amount of the security fixed by the trial court, the party so aggrieved may seek supervisory writs to review the appropriateness of the determination of the trial court in fixing the security. The application for supervisory writ shall be heard by the court of appeal on a priority basis. The time for taking a suspensive appeal under Article 2123 shall be interrupted until the appellate court acts on the supervisory writs to review the determination of the trial court in fixing the security and commences anew on the date the action is taken.
D. For good cause shown, the trial judge in the case of the appeal of a money judgment to be secured by a surety bond may fix the amount of the security at an amount not to exceed one hundred fifty percent of the amount of the judgment, including the interest allowed by the judgment to the date the security is furnished, exclusive of the costs.
E. A suspensive appeal bond shall provide, in substance, that it is furnished as security that the appellant will prosecute his appeal, that any judgment against him will be paid or satisfied from the proceeds of the sale of his property, or that otherwise the surety is liable for the amount of the judgment.
Amendment History
Amended by Acts 1977, No. 176, §1, eff. 1/1/1978; Acts 1988, No. 444, §1, eff. 1/1/1989; Acts 1989, No. 307, §2; Acts 2001, No. 450, §1, eff. 6/19/2001.
Plain-English Summary
A devolutive appeal needs no security at all, since the judgment can be enforced regardless of the appeal. A suspensive appeal is different: because it freezes the appellee's ability to collect while the case is on appeal, Article 2124 requires the appellant to post security, functioning as insurance that the appellee can still be paid if the appeal fails.
For a money judgment, the security equals the judgment amount plus interest through the date the security is furnished, not counting costs. Where a judgment exceeds one hundred fifty million dollars, and the case does not involve the Tobacco Master Settlement Agreement or a judgment where the state is the creditor, the trial court instead sets the security after a motion and hearing, using its discretion to protect the judgment creditor while keeping the appeal available to the appellant; the suspensive appeal delay is interrupted until that amount is fixed. When a judgment distributes a fund already in custodia legis — money or property already held in the court's own custody — only enough security to cover costs is required, since the judgment amount itself is not at risk of disappearing. In every other case, the trial court fixes security sufficient to satisfy the judgment along with damages for the delay caused by suspending its execution.
A party who thinks the trial court set the security too high, or too low, can seek supervisory writs asking the court of appeal to review that determination, and the application gets heard on a priority basis; the suspensive appeal delay is interrupted until the appellate court rules. For good cause, a trial judge may also set a surety-bond security amount as high as one hundred fifty percent of the judgment. Whatever form it takes, the bond has to promise, in substance, that the appellant will prosecute the appeal, that any judgment against the appellant will be paid or satisfied from the sale of the appellant's property, or that the surety is otherwise liable for the judgment amount.
Frequently Asked Questions
Do I need to post security for a devolutive appeal in Louisiana?
No. Article 2124 requires no security for a devolutive appeal; security is required only for a suspensive appeal.
How is the security amount calculated for a suspensive appeal of a money judgment?
It equals the amount of the judgment plus interest through the date the security is furnished, excluding costs, unless the judgment exceeds one hundred fifty million dollars, in which case the trial court sets the amount after a hearing.
What security is required when a judgment distributes funds already held by the court?
Only security sufficient to cover costs, since the funds are already in the court's custody and are not at risk the way an unsecured money judgment would be.
Can I challenge the security amount the trial court sets?
Yes. Article 2124 lets an aggrieved party seek supervisory writs to review the amount, heard by the court of appeal on a priority basis, and interrupts the suspensive appeal delay until the appellate court acts.
What must a suspensive appeal bond promise?
That the appellant will prosecute the appeal, that any judgment against the appellant will be paid or satisfied from the sale of the appellant's property, or that the surety is otherwise liable for the amount of the judgment.
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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