RulesofCivilProcedure.com Civil Procedure · Every State

Art. 5126.Insufficiency Or Invalidity of New Or Supplemental Bond

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 5126 gives a party whose new or supplemental bond is itself found insufficient or invalid one further four-day window, exclusive of legal holidays, to furnish a second correction, but allows no additional attempt beyond that second bond.

Full Text of Art. 5126

Text size

The party furnishing a new or supplemental bond under the provisions of Article 5124 may correct an insufficiency or invalidity therein by furnishing a second new or supplemental bond within four days, exclusive of legal holidays, of rendition of judgment holding the new or supplemental bond insufficient or invalid, or at any time if no rule to test the new or supplemental bond has been filed. If the second new or supplemental bond is insufficient or invalid, the party furnishing it may not correct the defects therein by furnishing a further new or supplemental bond.

Plain-English Summary

Article 5124's cure procedure fixes an original defective bond. Article 5126 addresses what happens if even the correction turns out to be flawed: the same timing structure applies again, but only once more.

A party furnishing a new or supplemental bond under Article 5124 who finds that second bond also held insufficient or invalid gets another four days, exclusive of legal holidays, from the rendition of that judgment to furnish a second new or supplemental bond, or, again, any time at all if no rule to test the second bond has been filed. The mechanics track Article 5124's original cure procedure closely.

The chain stops there. If this second corrective bond is also insufficient or invalid, Article 5126 does not extend a further opportunity to fix it with yet another bond. Louisiana's bond-correction process gives a furnishing party two real chances, the original bond and one correction, but not an open-ended series of attempts.

Frequently Asked Questions

What happens if the corrected bond furnished under Article 5124 is itself defective?

Article 5126 gives the furnishing party one more chance: a second new or supplemental bond, within four days, exclusive of legal holidays, of the judgment holding the first correction insufficient or invalid.

How many times can a party correct a defective bond in a Louisiana proceeding?

Two corrective attempts are allowed after the original bond: a supplemental or new bond under Article 5124, and, if that one also fails, one further bond under Article 5126.

Is there a third chance if the second corrective bond also proves insufficient?

No. Article 5126 does not authorize a further new or supplemental bond once the second correction is also found insufficient or invalid.

Does the same four-day, holiday-exclusive deadline apply to this second correction?

Yes. Article 5126 uses the same timing structure as Article 5124: four days, exclusive of legal holidays, from the judgment, or any time if no rule has been filed.

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: second supplemental bond LouisianaArticle 5126 Louisianacorrecting a bond twice Louisiana civil procedurelimits on curing a defective bondnew bond after insufficient supplemental bond Louisiana