Art. 2167.Supreme Court Judgment Rehearing; Finality; Stay

Article 2167 mirrors Article 2166's rehearing and finality structure, but at the top of Louisiana's court system rather than the intermediate appellate level. A party dissatisfied with a Louisiana Supreme Court judgment has fourteen days from transmission of notice of that judgment to apply to the court for rehearing.

Finality follows one of two paths. If nobody applies for rehearing within that fourteen-day window, the judgment becomes final and definitive once the delay expires. If a party does apply for rehearing on time, the judgment becomes final and definitive when the supreme court denies that application; there is no additional waiting period layered on top of the denial itself, unlike the five-day delay Article 2166 imposes after a certiorari denial at the court of appeal level.

Because a supreme court judgment can sometimes be carried further, to the United States Supreme Court on a federal question, Article 2167 gives the Louisiana Supreme Court authority to stay execution of its own judgment while a timely application for certiorari or an appeal to the United States Supreme Court remains pending. And like Article 2166, this article defines transmission of the notice to mean sending it by the United States Postal Service, by email, or by fax, since every deadline in the article runs from that transmission.