Louisiana Petition to Annul a Judgment

Introduction

Key Things to Know

1. 1

   Louisiana's term is an action of nullity, or an action to annul a judgment. Under La. C.C.P. art. 2001, the nullity of a final judgment may be demanded for vices of either form or substance, as provided in Articles 2002 through 2006. The court decides whether a vice is shown, so relief is never automatic.

2. 2

   The vices of form in art. 2002(A) are a judgment (1) against an incompetent person not represented as required by law; (2) against a defendant who has not been served with process as required by law and who has not waived objection to jurisdiction, or against whom a valid default judgment has not been taken; or (3) by a court which does not have jurisdiction over the subject matter of the suit. Except as otherwise provided in art. 2003, an action on these grounds may be brought at any time.

3. 3

   Art. 2003 can cut off those form grounds. A defendant who voluntarily acquiesced in the judgment, or who was present in the parish at the time of its execution and did not attempt to enjoin its enforcement, may not annul the judgment on them. If you face execution, act promptly rather than waiting.

4. 4

   A judgment obtained by fraud or ill practices is a vice of substance under art. 2004. An action to annul on these grounds must be brought within one year of the discovery by the plaintiff in the nullity action of the fraud or ill practices. The court may award reasonable attorney fees incurred by the prevailing party, which can be either side.

5. 5

   Under art. 2006, an action to annul a judgment must be brought in the trial court, even though the judgment may have been affirmed on appeal. Under art. 2005, a judgment may be annulled prior to or pending an appeal from it, or after the delays for appealing have elapsed.

6. 6

   A motion for new trial is a separate, much faster route. Art. 1972 says a new trial shall be granted, upon contradictory motion of any party, in the following cases: (1) when the verdict or judgment appears clearly contrary to the law and the evidence; (2) when the party has discovered, since the trial, evidence important to the cause, which he could not, with due diligence, have obtained before or during the trial; or (3) when the jury was bribed or has behaved improperly so that impartial justice has not been done. The court decides whether one of these cases is shown. Under art. 1974, the motion may be filed not later than seven days, exclusive of legal holidays, after the clerk has mailed or delivered in open court, or the sheriff has served, the notice of judgment. In a small claims division, La. R.S. 13:5208(B) says a judgment becomes final and executory three days after it is signed, or notice of it, if necessary, is mailed, unless within that period a motion for new trial is filed or the judge stays execution.

7. 7

   Do not assume that filing a nullity action stops execution of the judgment. Ask the court in writing to stay or enjoin enforcement, keeping art. 2003 in mind. For a default judgment, also see /legal-document/set-aside-default/louisiana.

Louisiana Requirements for Motion to Vacate

• Action of Nullity

  La. C.C.P. art. 2001: the nullity of a final judgment may be demanded for vices of either form or substance, as provided in Articles 2002 through 2006.

• Vices of Form

  Art. 2002(A): an unrepresented incompetent; a defendant not served with process as required by law who has not waived objection to jurisdiction, or against whom a valid default judgment has not been taken; or no subject-matter jurisdiction. Any time, except as provided in art. 2003.

• Acquiescence Bar

  Art. 2003: a defendant who voluntarily acquiesced in the judgment, or who was present in the parish at the time of its execution and did not attempt to enjoin its enforcement, may not annul it on the art. 2002 grounds.

• Fraud or Ill Practices

  Art. 2004: an action to annul for fraud or ill practices must be brought within one year of the plaintiff's discovery of the fraud or ill practices. The court may award reasonable attorney fees to the prevailing party.

• Trial Court and Timing on Appeal

  Art. 2006: brought in the trial court, even if the judgment was affirmed on appeal. Art. 2005: a judgment may be annulled prior to or pending an appeal, or after the delays for appealing have elapsed.

• New Trial and Small Claims

  Art. 1974: motion for new trial not later than seven days, exclusive of legal holidays, after notice of judgment is mailed, delivered or served. R.S. 13:5208(B): a small claims judgment is executory three days after signing or needed notice, unless a new trial motion is filed or execution stayed.

• Vice and Timeliness Statement

  Identify the art. 2002 or art. 2004 vice, the supporting facts, and why the action is timely: any time for form vices (subject to art. 2003), or within one year of discovering the fraud or ill practices.