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La. Rev. Stat. § 9:4213 (2026)

Notice of motions; when made; service; stay of proceedings

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§4213.  Notice of motions; when made; service; stay of proceedings

Notice of a motion to vacate, modify, or correct an award shall be served upon the adverse party or his attorney within three months after the award is filed or delivered, as prescribed by law for service of a motion in an action.  For the purposes of the motion any judge, who might issue an order to stay the proceedings in an action brought in the same court may issue an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1980–2023 · leading case: FIA Card Servs., N.A. v. Weaver, 62 So. 3d 709 (La. 2011).
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FIA Card Servs., N.A. v. Weaver, 62 So. 3d 709 (La. 2011). · cites it 6× “§ 12 ; see also La. Rev.Stat. § 9:4213. It is undisputed that Weaver did not file a timely motion to vacate, modify, or correct the arbitral award within the three month period provided by statute.”
NCO Portfolio Mgmt., Inc. v. Walker, 3 So. 3d 628 (La. Ct. App. 2009). · cites it 2× “R.S. 9:4213; 9 U.S.C. § 12 . Both state and federal statutes require that identical documentation be filed with the clerk when confirming, modifying, or correcting an award: (1) the agreement, the selection or appointment, if any, of an additional arbitrator or umpire, and each…”
Spencer v. Hoffman, 392 So. 2d 190 (La. Ct. App. 1980). “LSA-R.S. 9:4213. Instead, she waited nine months before filing a petition in the District Court.”
FIA Card Servs., N.A. v. Smith, 27 So. 3d 1100 (La. Ct. App. 2009). “R.S. 9:4213. Notice of motions; when made; service; stay of proceedings Notice of a motion to vacate, modify, or correct an award shall be served upon the adverse party or his attorney within three months after the award is filed or delivered, as prescribed by law for service of…”
Farber v. Am. Nat. Prop. & Cas. Co., 999 So. 2d 328 (La. Ct. App. 2008). “R.S. 9:4213, notice of a motion to vacate, modify, or correct an award shall be served upon the adverse party or his attorney within three months after the award is filed or delivered.”
Napolitano v. Gill, 88 So. 3d 446 (La. 2012). “R.S. 9:4213 provides such a motion must be filed within three months after the arbitrator’s award is filed or delivered.”
Hurley v. Fox, 587 So. 2d 1 (La. Ct. App. 1991). “In this case, the respondent did not move for the vacation or modification of the award as required by LSA-R.S. 9:4213 nor has she ever asserted any of the grounds for modification set forth therein.”
St. George Fire Prot. Dist. No. 2 v. J. Reed Constructors, Inc., 243 So. 3d 145 (La. Ct. App. 2018). · cites it 2× “Section 9:4213 further authorizes the court to stay the proceedings; however, this appeal raises no such issues.”
Ad-Med, Inc. v. Iteld, 728 So. 2d 556 (La. Ct. App. 1999). “Iteld counters that the motion to vacate was timely under LSA-R.S. 9:4213. Moreover, Iteld notes that although Iteld’s motion to vacate was fixed for hearing on a date subsequent to Ad-Med’s motion to confirm, at the time the trial court fixed the date for the hearing on Iteld’s…”
Chesne v. Cappaert Manufactured Hous., Inc., 111 So. 3d 526 (La. Ct. App. 2013). “R.S. 9:4213. Plaintiffs should be able to rely on the finality of a judicial confirmation of an arbitration award The trial court did not err in granting Plaintiffs’ no cause of action exception.”
Robert S. Robertson, Ltd. v. State Farm, 921 So. 2d 1088 (La. Ct. App. 2006). “R.S. 9:4213. A stay then can be granted by any judge with the authority to issue a stay of the action in that court.”
FIA Card Servs., NA v. Gibson, 978 So. 2d 1230 (La. Ct. App. 2008). “R.S. 9:4213 specifies in pertinent part that notice of a motion to vacate, modify, or correct an award shall be served upon the adverse party or his attorney within three months after the award is filed or delivered, as prescribed by law for service of a motion in an action.”
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