Within four days, exclusive of legal holidays, of the rendition of judgment holding the original bond insufficient or invalid, or at any time if no rule to test the original bond has been filed, the party furnishing it may correct any defects therein by furnishing a new or supplemental bond, with either the same surety if solvent, or a new or additional surety. The new or supplemental bond is retroactive to the date the original bond was furnished, and maintains in effect the order, judgment, writ, mandate, or process conditioned on the furnishing of security. The furnishing of a supplemental bond, or the furnishing of a new bond by a different surety, does not discharge or release the surety on the original bond; and the sureties on both are liable in solido to the extent of their respective obligations thereon and may be joined in an action on the bond.
Art. 5124.Furnishing New Or Supplemental Bond to Correct Defects of Original
Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 3. Bonds In Judicial Proceedings · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 5124 gives a party whose bond is held insufficient or invalid four days, exclusive of legal holidays, to cure the defect with a new or supplemental bond that relates back to the original bond's date and keeps the underlying order or judgment in effect.
Full Text of Art. 5124
Plain-English Summary
A defective bond does not have to be fatal. Article 5124 gives the party who furnished it a real chance to fix the problem rather than losing the benefit of the order, judgment, writ, mandate, or process the bond secured.
The party gets four days, exclusive of legal holidays, computed using the general timing rule Article 5059 sets for the whole Code, from the rendition of a judgment holding the original bond insufficient or invalid. If no one has filed a rule to test the bond at all, the party can furnish the correction at any time. The correction itself can take the form of a new bond or a supplemental one, backed either by the same surety, so long as that surety is solvent, or by a new or additional surety.
The new or supplemental bond reaches back in time: it is retroactive to the date the original bond was furnished, and it keeps the order, judgment, writ, mandate, or process conditioned on the bond in full effect throughout, as though no gap in coverage ever existed. Furnishing the correction does not let the original surety off the hook, either. Filing a supplemental bond, or bringing in a different surety on a new one, does not discharge or release the original surety, and the sureties on both bonds end up liable in solido, to the extent of what each promised, and can be joined together in a single action.
Frequently Asked Questions
How long does a party have to fix a bond found insufficient by a Louisiana court?
Four days, exclusive of legal holidays, from the judgment holding the bond insufficient or invalid, or at any time if no rule to test the bond has been filed, under Article 5124.
Does a corrected bond count from the date it was filed or the original bond's date?
It relates back. Article 5124 makes the new or supplemental bond retroactive to the date the original bond was furnished, keeping the underlying order or judgment continuously in effect.
Is the original surety released once a new or supplemental bond is furnished?
No. Article 5124 provides that the original surety is not discharged, and the sureties on both bonds are liable in solido and can be joined in the same action.
Can the same surety be used again on the corrected bond?
Yes, if that surety remains solvent. Article 5124 also allows using a new or additional surety instead.
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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