7.2.2 Suspensive Appeal

The petition for appeal by trial de novo should include a proposed order staying execution of the eviction. The order, once signed, should be sent to the justice of peace and the landlord. It is critical that you contact the justice of the peace and provide a copy of the stay order, which may require driving to their house and office. Some justices of the peace will halt execution in response to a phone call informing them that an appeal has been filed. However, some will not. Many justices of the peace operate very informally and do not check their email frequently. As a last resort, you should provide a copy of the signed stay order to your client and advise them to stay home the day after the eviction and call you if there is an attempt to execute.  

Appeals must be filed within 15 days of judgment.1  However, as a practical matter, the appeal should be filed as soon as possible to prevent execution of the eviction judgment. Because of the possibility of delays at the parish or district court, you should bring trial de novo paperwork to the eviction and file your appeal immediately after an adverse judgment.

• 1La. C.C.P. art 4925.