§ Art. 2166 Rehearing, court of appeal judgment; finality; stay

Codes > Louisiana Code of Civil Procedure > Book I > Title I : Chapter 3 > Art. 2166

Art. 2166. Rehearing, court of appeal judgment; finality; stay

    A. Within fourteen days of the mailing of the notice of the judgment and opinion of the court of appeal, a party may apply to the court of appeal for a rehearing. Within thirty days of the mailing of the notice of the judgment and opinion of the court of appeal, a party may apply to the supreme court for a writ of certiorari. The judgment of a court of appeal becomes final and definitive if neither an application to the court of appeal for rehearing nor an application to the supreme court for a writ of certiorari is timely filed.

    B. If any party files a timely application to the court of appeal for a rehearing, then the time within which any other party may apply to the supreme court for a writ of certiorari shall be extended until thirty days of the mailing of the notice of a denial of rehearing.

    C. If a timely application for rehearing has been filed in the court of appeal and the court of appeal denies the application, the judgment becomes final and definitive unless an application for writ of certiorari to the supreme court is filed within thirty days of the mailing of the notice of a denial of rehearing.

    D. If a party files a timely application for a writ of certiorari to the supreme court within the delays allowed in this Article, any other party may also apply for certiorari to the supreme court within thirty days of the mailing of the notice of judgment and opinion of the court of appeal or within ten days of the mailing by the clerk of the notice of first application for certiorari in the case, whichever is later.

    E. If an application for certiorari to the supreme court is timely filed, a judgment of the court of appeal becomes final and definitive when the supreme court denies the application for certiorari. The supreme court may stay the execution of the judgment of the court of appeal pending a timely application for certiorari or an appeal to the United States Supreme Court.