A party who disagrees with a judgment from Justice of the Peace Court has the right to appeal. Unlike appeals in most court systems, an appeal from JP Court goes to district court (or parish court where one exists) for a trial de novo — a completely new trial where the case starts fresh. This document outlines the appellate procedure, applicable deadlines, and the distinctions between types of appeals.
Judgment rendered or Notice of Judgment served
Choose appeal type.
Furnish required security.
File appeal without security (Judgment may be executed meanwhile).
Transfer record to Parish Court (or District Court if no Parish Court).
Any party to a JP Court case may appeal the final judgment. This includes:
The appeal is not limited to questions of law — the appellate court will hear the entire case anew.
Appeals from Justice of the Peace Court result in a trial de novo in the district court. This means:
This differs from appeals in appellate courts, which typically review the record for legal errors. A trial de novo permits the presentation of the case anew.
The appeal must be filed within 15 days from:
Notice is required in:
When notice is required, the appeal delay does not begin until notice is served on the party.
If a party files a timely motion for new trial:
If the appeal is not filed within the 15-day period:
Louisiana recognizes two types of appeals: suspensive and devolutive. The type chosen affects whether the judgment can be executed while the appeal is pending.
A suspensive appeal suspends execution of the judgment. While the appeal is pending:
To file a suspensive appeal, the appellant must furnish security (post a bond) in an amount determined by the court. The security protects the appellee if the appeal is unsuccessful.
A devolutive appeal does not suspend execution. While the appeal is pending:
No security is required for a devolutive appeal.
The amount of security required depends on the nature of the judgment:
Money Judgment:
Property Judgment:
Acceptable security typically includes:
If the appellant wins on appeal:
If the appellant loses on appeal:
The appeal is taken by filing a suit for trial de novo with the appellate court. This is a new lawsuit that references the original JP Court judgment.
The suit for trial de novo must be filed with the District Court (or Parish Court) within the 15-day deadline.
Notice Requirement: The appellant must provide a copy of the suit for trial de novo (or notice of the suit) to the Justice of the Peace Court that rendered the judgment.
For a suspensive appeal, the required security is typically posted with the Clerk of the District Court at the time of filing.
After the Justice of the Peace receives notice of the suit for trial de novo, the court transfers the record to the district court. The record typically includes:
Once the record is transferred, the district court will:
Because the district court conducts a new trial, the parties are not limited to the evidence presented in the Justice of the Peace Court and may present new evidence and witnesses.
The district court trial follows normal civil procedure:
The district court may reach the same conclusion as the JP Court or a completely different one.
The district court will render its own judgment. This judgment may be:
Appeals from eviction judgments have special timing requirements.
An appeal does not suspend execution of an eviction judgment unless:
If these conditions are not met, the eviction may proceed even while the appeal is pending.
A devolutive appeal of an eviction judgment:
| Item | Approximate Cost |
|---|---|
| Filing the appeal | Varies by court |
| Transfer of record | Usually included |
| Security bond (suspensive) | Judgment amount + interest + costs |
| District court filing fee | $250-400 (varies by parish) |
The costs of appeal are generally paid to the Clerk of the District Court.
Upon the rendering of judgment by the district court:
For information on judgments and enforcement, see Judgments. For the civil suit process, see Civil Suits. For garnishment procedures, see Garnishment.
This site provides educational information about Louisiana Justice of the Peace court procedures. This is not legal advice. The information may not reflect current legal developments or apply to your specific situation.
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