7.4 Motion for New Trial

Sometimes, a tenant may come to you for help after judgment.1  A motion for new trial must be granted if the judgment is contrary to the law and evidence.2  A new trial may be granted for good cause.3

As a practical matter, a motion for new trial should be filed immediately for a new client because evictions are often executed within 24 to 48 hours of judgment. New trials in parish or city courts must be applied for within 7 days of the mailing or service of the notice of judgment, excluding legal holidays.4  The delay for a new trial motion in a justice of peace court is also 7 days.5  A motion for new trial does not extend the deadline for a suspensive appeal of an eviction.6  Therefore, the motion for a new trial should also include a motion for stay. If a new trial is granted, the original judgment is set aside or suspended.7  Testimony and evidence are preserved from the prior trial.8

Note that if the motion for new trial is based on La. C.C.P. art. 1972(2) or (3), the allegations of fact must be verified by an affidavit.9

• 1See La. C.C.P. arts. 1971–1979.
• 2La. C.C.P. art. 1972.
• 3La. C.C.P. art. 1973; Hous. Auth. of City of Ferriday v. Parker, 629 So. 2d 475 (La. App. 3 Cir. 1993). A denial of a new trial is a non-appealable interlocutory order reviewable under the court of appeal’s supervisory jurisdiction. However, upon direct appeal of a final judgment, the court of appeal may also review adverse interlocutory orders. Id.
• 4La. C.C.P. art. 4907.
• 5La. C.C.P. arts. 4925, 4922, 4831. Note that a motion for a new trial in justice of the peace court is different than an appeal by trial de novo.
• 6See Castagna v. Gonnet, 4 Pelt. 574 (La. 1920) (granting new trial does not suspend eviction judgment).
• 7Wilson v. Compass Dockside, Inc., 93-1860 (La. App. 4 Cir. 03/15/94), 635 So. 2d 1171; Oliver v. Oliver, 411 So. 2d 596, 597 (La. App. 1 Cir. 1982); In re Shavor, 408 So. 2d 386 (La. App. 1 Cir. 1981).
• 8La. C.C.P. art. 1978.
• 9La. C.C.P. art. 1975.