Art. 2166. Court of appeal judgment rehearing; finality; stay
A. Within fourteen days of the transmission of the notice of the judgment of the court
of appeal, a party may apply to the court of appeal for a rehearing. Within thirty days of the
transmission of the notice of the judgment 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. When any party files a timely application to the court of appeal for a rehearing,
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 transmission of the notice of a denial of rehearing.
C. When 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
transmission of the notice of a denial of rehearing.
D. When a party files a timely application for a writ of certiorari to the supreme court
within the delays provided in this Article, any other party may also apply for certiorari to the
supreme court within thirty days of the transmission of the notice of judgment of the court
of appeal or within ten days of the transmission by the supreme court clerk of the notice of
first application for certiorari in the case, whichever is later.
E. When an application for certiorari to the supreme court is timely filed, a judgment
of the court of appeal becomes final and definitive after a delay of five days, exclusive of
legal holidays, commencing to run on the day after the clerk has mailed the denial by the
supreme court of 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.
F. For the purposes of this Article, "transmission of the notice" means the sending
of the notice via the United States Postal Service or electronic mail.
Acts 1983, No. 451, §2; Acts 2001, No. 587, §1; Acts 2012, No. 290, §1, eff. Jan. 1,
2013; Acts 2012, No. 741, §1; Acts 2026, No. 127, §1.