Louisiana Revised Statutes 13:5222 – Waiver of right to appeal
Terms Used In Louisiana Revised Statutes 13:5222
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Plaintiff: The person who files the complaint in a civil lawsuit.
A. A plaintiff who files a complaint in the program shall be deemed to have waived his right to appeal unless the complaint is removed as provided in Subsection B of this Section or is transferred as provided in La. Rev. Stat. 13:5220.
B. A defendant shall be deemed to have waived his right to appeal unless, within the time allowed for filing an answer to the complaint, he files a written motion seeking removal of the action to the ordinary civil docket of the court in which the complaint is filed, which motion shall be granted immediately.
C. Upon removal as provided in Subsection B of this Section, a plaintiff shall not be required to pay for additional costs beyond those due under this Section. Any additional assessed costs shall be paid by the defendant mover.
Acts 2021, No. 281, §1.
NOTE: See La. Rev. Stat. 13:5226 regarding termination of this Part on Aug. 1, 2025.