CHAPTER 2. PROCEDURE IN LOWER COURT FOR APPEAL Art. 914. Method and time of appeal A. A motion for an appeal may be made orally in open court or by filing a written motion with the clerk. The motion shall be entered in the minutes of the court. B. The motion for an appeal must […]
Art. 914.1. Designation of record; payment of costs; sanction A. The party making the motion for appeal shall, at the time the motion is made, request the transcript of that portion of the proceedings necessary, in light of the assignment of errors to be urged. Not later than five days after the motion, the opposing […]
Art. 915. Action on a motion for appeal; return; notice A. When a motion for an appeal is made in conformity with Articles 912, 914, and 914.1 the trial court shall grant or deny the motion within seventy-two hours, exclusive of legal holidays, after the motion is made. The return date shall be seventy-five days […]
Art. 915.1. Appeals; extension of return date; notice A. The trial court may grant one extension of the return date of not more than thirty days. An extension may not be granted after the return date has passed. The extension may be granted only upon proof presented by the moving party that additional time is […]
Art. 916. Divesting of jurisdiction of trial court The jurisdiction of the trial court is divested and that of the appellate court attaches upon the entering of the order of appeal. Thereafter, the trial court has no jurisdiction to take any action except as otherwise provided by law and to: (1) Extend the return day […]
Art. 917. Record on appeal; preparation The clerk of the trial court shall prepare the record on appeal and lodge it with the appellate court on or before the return date or any extension thereof. The clerk of the trial court shall prepare the record in accordance with the rules of the appellate court. Failure […]
Art. 918. Record on appeal; certified and dated A. All records and supplemental records prepared for filing in any appellate court shall be certified and dated by the clerk upon completion. The certification shall include the date any transcript was received for inclusion in the record. B. All transcripts or parts thereof completed for inclusion […]
Art. 919. Record on appeal; preparation and delivery of transcripts A. Each court reporter assigned to prepare any transcript necessary to complete the appeal record shall deliver the transcript to the clerk of the trial court who has the duty of preparing the record for appeal five days before the return date. B. Whenever the […]
Art. 919.1. Record on appeal; contempt A. Failure of any person to comply with Articles 914 through 919 may subject such person to contempt of court. Such contempt charges may be initiated by the trial court or by the appellate court on the court’s own motion or by motion of any party. B. In any […]
