Advocates should argue that La. C.C.P. art. 4735 does not apply to appeals by trial de novo from justice of the peace evictions. Instead, these appeals are governed by La. C.C.P. arts. 4924 and 4925. This means that in order to stay a justice of the peace eviction pending trial de novo it should not be necessary that an answer have been filed with the justice of the peace nor that a suspensive appeal bond be paid within 24 hours. This doctrinal position has been accepted by the First and Fifth Circuit Courts of Appeal.1 The position should be encouraged in other circuits on the basis that no written pleadings are required in justice of the peace court,2 and that a trial de novo is a substantively different procedural mechanism, with a substantially different timeline, than a direct appeal to the court of appeal.3 However even if Article 4735 does not apply, a bond could still be required under La. C.C.P. art. 2124. Therefore, it is still risky to suggest no bond is required.
If the tenant can pay a bond, you should propose that the bond be set at monthly rent payable as due.4 If the trial de novo is set before the next month’s rent is due, no bond may be due.5
Because justice of the peace appeal procedure changed in 1986, when conducting legal research in older cases, carefully check that the case is still valid for the proposition for which you are citing it.
- 1See Lakewood Palms, LLC v. Jennings, 22-C-259 (La. App. 5 Cir. 6/20/2022; Augillard v. Strauss, 2015 CW 1241 (La. App. 1 Cir. 8/14/15).
- 2La. C.C.P. 4917(A).
- 3Specifically, a trial de novo is typically set within days or weeks, whereas a direct appeal can take the better part of a year to complete, increasing the risk to the landlord. It is also worth highlighting the lack of formality and procedural protections in justice of the peace court, hence the right to a completely new trial before a formal court of law.
- 4Windmill Creek N. - 1st Lake v. Gowan, 20-85 (La. App. 5 Cir. 2/21/20).
- 5Note that this is an evolving area of the law. Advocates should feel free to contact the authors for updated information or briefing on this issue.