Appealing a Justice of the Peace Court Eviction Judgment
by: New Orleans Legal Assistance
You can appeal an eviction judgment. See the link at the end of the page for a sample petition for appeal of a justice of the peace court eviction judgment by trial de novo. If you file this and your bond, you should get a new trial before a higher court judge.
To get your appeal, you must do two things:
- You must file your petition with the parish court (or, if there is no parish court, the district court for the parish where the justice of the peace court is located). You have to file your appeal within 24 hours of the Justice of the Peace Court judgment.
- You must also post a bond within 24 hours of the justice of the peace court judgment. If there is no parish court, your petition and bond must be filed with the district court in your parish.
The appeal bond can take several forms:
- paying the rent into the court registry as it becomes due;
- filing a surety bond (an affidavit by a friend or relative); or
- posting a cash bond.
Most tenants ask the judge to allow them to pay the monthly rent into the court's registry. This bond method requires a motion. The court should have a sample motion.
Click here for a sample petition to appeal a justice of the peace court eviction judgment by trial de novo.
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