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Louisiana Code of Criminal Procedure Tit. XXXI, Art. 914.1. Designation of record; payment of costs; sanction

Current as of January 01, 2023 | Updated by Findlaw Staff

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 party may designate in writing the transcript of that portion or portions of the proceedings necessary to oppose the appeal.

B. A transcript of any portion of the proceedings which does not relate to anticipated assignment of errors shall not be furnished to a party for purposes of appeal and shall not result in delay of preparation of the appeal record.

C. (1) An attorney who requests a transcript in accordance with this Article must certify there are good grounds for such request in light of the assignment of errors to be urged.

(2) Except in indigent cases, the costs for preparing the transcript must be paid to the court reporter or the appropriate agency and the costs as required for filing the appeal must be paid in the appellate court, both within twenty days of the mailing of notice, including the payment of any additional costs owed upon notice.

(3) Where applicable, if the appellant or appellant's counsel fails to pay the estimated cost for preparing the record including the transcript within the time specified, the trial judge, on his own motion or upon motion by the clerk or by any party, and after a hearing, may do one of the following:

(a) Extend the time within which the costs may be paid not to exceed thirty days with or without penalty to the appellant or his attorney.

(b) Impose a fine not to exceed five hundred dollars upon the appellant or his attorney, or both.

(c) Dismiss the appeal.

D. The trial court or the appellate court may designate additional portions of the transcript of the proceedings which it feels are necessary for full and fair review of the assignment of errors.

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Cite this article: FindLaw.com - Louisiana Code of Criminal Procedure Tit. XXXI, Art. 914.1. Designation of record; payment of costs; sanction - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-criminal-procedure/la-code-crim-proc-tit-xxxi-art-914-1/

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