Appeals

Process for Preparation after Order Granting Appeal Signed

  1. The party appealing may file a Designation of Record to limit the record to be prepared for appeal.

    Within three (3) days, exclusive of holidays, the appellant may designate in writing filed with the trial court the portions he desires to constitute the record.

    Within five (5) days, exclusive of holidays, after service of this Designation on the other party, that party may also designate in writing, filed with the trial court, any other portions he considers necessary.

    When no designation is made, the record shall consist of a transcript of all proceedings as well as all documents filed in the Trial Court.

    Where the Appellant designates only portions of the record, he must serve with this Designation a concise statement of the points on which he intends to rely, and the appeal shall be limited to those points.

  2. Notice(s) of Appeal are prepared and mailed to all parties who received a Notice of Judgment.

    Per R.S. 13:841(b), the charge for issuing the document without notice of service is $15.00.

  3. A request is sent to the Court Reporter for an estimate to transcribe any testimony.
  4. Once the estimate is returned, a Cost Letter is prepared, which includes the costs for preparing the record, filing fees due to the Court of Appeals, and the Court Reporter estimate. It may also include any balance remaining in the suit.

    Per R.S. 13:841(10), the charge for the complete preparation of all copies and volumes is $5.00 per original document page.

    Per Local Rule 4-1.3, there is also a Civil Filing Fee of $325.00 for each appeal.

  5. Separate records shall be prepared for each case, regardless of whether cases were consolidated for trial. Each of these records shall be enclosed in a separate cover, with proper references indicating the consolidation. The transcript of testimony in consolidated cases may be included in only one of the records. Documentary evidence applicable to only one of the consolidated cases shall be enclosed in the appropriate record.
  6. The Cost Letter shall be sent Certified Mail/Return Receipt to the Appellant and First Class Mail to all other parties. Within twenty (20) days of mailing, the Appellant shall pay the estimated costs to the Clerk of Court. The trial court may grant one extension for payment of not more than an additional twenty (20) days upon written motion showing good cause for extension. If the Appellant fails to pay the estimated costs, or the difference between the estimated costs and the actual costs, within the time specified, the Trial Judge, on his own motion, or by motion of the Clerk of Court or by any party, and, after a hearing, shall:

    Enter a Formal Order of Dismissal on the grounds of abandonment; OR

    Grant a ten (10) day period within which costs must be paid in full, in default of which the appeal is dismissed as abandoned.

  7. Once costs have been paid, the Clerk shall set the return date for lodging the appeal. If there is no testimony, the return date is thirty (30) days after costs are paid. If there is testimony to be transcribed, the return date is forty-five (45) days after costs are paid.
  8. A second Notice of Appeal is prepared by the Clerk that includes the date the record is to be lodged with the Court of Appeals.
  9. The trial clerk is responsible for preparing the record on appeal. An original and a duplicate record are required by the Court of Appeals.

    By law, all documents shall be legible and legal sized, impressed on one side only, with 2" top margin and 1" side margins.

    The duplicate copy must contain all matters as in the certified copy of the original record. Subpoenas, Notices and Returns are not required unless they are at issue.

    **BY COURT RULE**

    The record shall contain an extract of the pertinent minute entries of the Trial Court, showing the date of each entry, the action taken by the Trial Court, and the Trial Court Judge presiding.

    All motions and pleadings, together with documents and exhibits attached, and orders of the court pertaining thereto, shall be included in order by date filed or made. Once placed in order, the pages must be Bates stamped with page numbers on the bottom right of each page. Each volume should contain no more than two hundred fifty (250) pages. The duplicate shall be numbered to correspond with the original.

    A chronological and alphabetical index must also be prepared, specifying the volume and page on which the minutes of the Trial Court, each paper or filing, and the transcript appear. A jurisdictional index is also required to be completed by the Trial Court.

    An exhibit index shall also be included - a chronological index of documents and exhibits filed in evidence showing on whose behalf filed. The Trial Clerk is responsible for verifying that all evidence is accounted for before the record can be completed.

    The certified copy of the original record and the duplicate shall each bear the certificate of the clerk of the Trial Court as to the completeness and authenticity thereof.

  10. The record must be bound in strong, flexible, loose-leaf 9" x 14 1/2" covers, fastened at the top and with the ability to be opened at the back so filings can be added. This cover must be acceptable to the Appellate Court.

    The cover must include the Title of the Appellate Court to which the record is directed, the number and volume of the record, the case title, names of parties and status, name of the Trial Court and Parish from which the case came, Trial Court Case Number and Division, name of the Judge who rendered the ruling or judgment, and names of counsel with address, phone numbers, bar roll numbers and who they represented.

  11. The record is then lodged with the Court of Appeal with a check for $325.00 to cover the filing fee required by the Court of Appeal (per docket number).

  12. For more information
    email
    E-mail Teressa.Scott@caddoclerk.com