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Art. 968.Effect of Judgment On Pleadings and Summary Judgment

Book II. Ordinary Proceedings · Title I. Pleading · Chapter 4. Written Motions · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 968 makes judgments on the pleadings and summary judgments final judgments with the same effect as a judgment after trial, keeps jurisdiction open for any relief not granted, and bars an appeal from a court's refusal to grant either kind of judgment.

Full Text of Art. 968

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Judgments on the pleadings, and summary judgments, are final judgments and shall be rendered and signed in the same manner and with the same effect as if a trial had been had upon evidence regularly adduced. If the judgment does not grant mover all of the relief prayed for, jurisdiction shall be retained in order to adjudicate on mover's right to the relief not granted on motion.
An appeal does not lie from the court's refusal to render any judgment on the pleading or summary judgment.

Plain-English Summary

Once a court grants judgment on the pleadings or summary judgment, Article 968 treats it exactly like a judgment reached after a full trial on the evidence. It's a final judgment, rendered and signed the same way, carrying the same weight. If the judgment doesn't give the movant everything asked for, the court doesn't lose its hold on the rest of the case — it retains jurisdiction to work out whatever relief the motion didn't resolve.

The second half of Article 968 closes off a different avenue. A party who loses a motion for judgment on the pleadings or summary judgment can't immediately appeal that refusal. The case continues, and the losing movant gets another chance to make his case at trial rather than pausing the litigation for an appeal of the denial.

Frequently Asked Questions

Is a summary judgment a final judgment in Louisiana?

Yes. Article 968 gives it the same effect as a judgment rendered after a trial on the evidence.

What happens if a summary judgment doesn't resolve the whole case?

The court keeps jurisdiction over whatever relief the motion didn't grant, so the case can continue on the remaining issues.

Can a party appeal immediately after a court denies summary judgment?

No. Article 968 specifically bars an appeal from a court's refusal to grant judgment on the pleadings or summary 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
Also known as: summary judgment final judgment louisianaappeal denial of summary judgmentjudgment on pleadings finality