A. An appellee shall not be obliged to answer the appeal unless he desires to have the judgment modified, revised, or reversed in part or unless he demands damages against the appellant. In such cases, he must file an answer to the appeal, stating the relief demanded, not later than fifteen days after the return day or the lodging of the record whichever is later. The answer filed by the appellee shall be equivalent to an appeal on his part from any portion of the judgment rendered against him in favor of the appellant and of which he complains in his answer. Additionally, however, an appellee may by answer to the appeal, demand modification, revision, or reversal of the judgment insofar as it did not allow or consider relief prayed for by an incidental action filed in the trial court. If an appellee files such an answer, all other parties to the incidental demand may file similar answers within fifteen days of the appellee's action. B. A party who does not seek modification, revision, or reversal of a judgment in an appellate court, including the supreme court, may assert, in support of the judgment, any argument supported by the record, although he has not appealed, answered the appeal, or applied for supervisory writs.
Art. 2133.Answer of Appellee; When Necessary
Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 2. Procedure For Appealing · Last amended 1989 · Last verified July 30, 2026
In one sentenceArticle 2133 explains when an appellee must file an answer to the appeal, only when seeking to have the judgment modified, revised, or reversed in part, or to recover damages against the appellant, and lets any party defend the judgment on any record-supported ground without having appealed, answered, or sought writs at all.
Full Text of Art. 2133
Amendment History
Amended by Acts 1968, No. 129, §1; Acts 1970, No. 474, §1; Acts 1989, No. 121, §1.
Plain-English Summary
The appellee is the party who prevailed, in whole or in part, in the trial court and now faces the appellant's appeal. Rather than requiring the appellee to file a separate cross-appeal to challenge any part of the judgment, Louisiana lets the appellee raise that challenge inside the existing appeal through an answer of appellee, filed in the same proceeding instead of starting a new one.
An answer is required only if the appellee wants something changed: modification, revision, or reversal of part of the judgment, or an award of damages against the appellant. An appellee who is content to defend the judgment as rendered does not need to file anything at all.
When an answer is filed, it must state the relief demanded and be filed no later than 15 days after the return day or the lodging of the record, whichever comes later, tying this deadline back to Articles 2125 and 2127. Once filed, the answer works as its own appeal from whatever portion of the judgment went against the appellee and in the appellant's favor. It can reach further still: an appellee may also use the answer to seek modification, revision, or reversal of the part of the judgment that did not address relief sought through an incidental action, such as a reconventional demand, filed in the trial court, and other parties to that incidental demand then get 15 days from the appellee's answer to file similar answers of their own.
Beyond all of that, Article 2133 lets any party, without appealing, answering the appeal, or applying for supervisory writs, support the judgment before an appellate court, including the supreme court, using any argument the record backs up. A party does not need to file anything just to argue that the trial court reached the right outcome for a different reason, so long as the record supports that argument.
Frequently Asked Questions
Does the party who won at trial have to file anything to defend the judgment on appeal?
Not unless that party wants the judgment changed. Article 2133 requires an answer to the appeal only when the appellee seeks modification, revision, or reversal in part, or damages against the appellant.
What is the deadline to file an answer to a Louisiana appeal?
No later than 15 days after the return day or the lodging of the record, whichever is later.
Does an appellee's answer to the appeal count as its own appeal?
Yes. Article 2133 makes the answer equivalent to an appeal from the portion of the judgment rendered against the appellee that the appellee complains of.
Can I ask the appellate court to reconsider relief from a reconventional demand that was not addressed below?
Yes. An appellee may use the answer to seek modification, revision, or reversal of the judgment regarding relief sought through an incidental action, and other parties to that action get 15 days from the appellee's answer to respond similarly.
Can I defend the judgment on a different ground without filing an appeal, answer, or writ application?
Yes. Article 2133 lets a party support the judgment using any record-supported argument even without having appealed, answered the appeal, or applied for supervisory writs.
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
Also known as: answer of appellee LouisianaArticle 2133 Louisianacross appeal Louisiana civil procedurewhen must appellee answer the appealdefending judgment on appeal without cross appeal