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An order of appeal may be granted on oral motion in

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-An order of appeal may be granted on oral motion in open court, on written motion, or on petition.This order shall show the return day of the appeal in the appellate court and shall provide theamount of security to be furnished, when the law requires the determination thereof by the court.-When the order is granted, the clerk of court shall mail a notice of appeal to counsel of record ofall other parties, to the respective appellate court, and to other parties not represented by counsel.The failure of the clerk to mail the notice does not affect the validity of the appeal.What shall be the returnday of an appeal?The return day of the appeal shall be thirty days from the date estimated costs are paid if there is notestimony to be transcribed and lodged with the record and forty-five days from the date such costsare paid if there is testimony to be transcribed, unless the trial judge fixes a lesser period. The trialcourt may grant only one extension of the return day and such extension shall not be more than
thirty days. A copy of the extension shall be filed with the appellate court. Subsequent extensions ofthe return day may be granted by the appellate court for sufficient cause or at the request of thecourt reporter as provided in Article 2127.2.Must all parties begiven notice of anextension granted bythe appellate court?When a subsequent extension of the return day is granted by the appellate court in accordance withthe provisions of Article 2125, notice thereof shall be given by mail by the clerk of the trial court tocounsel of record of all parties, and to parties not represented by counsel. The failure of the clerk ofthe trial court to mail such notice does not affect the validity of the appeal, nor does any error ordefect that is not imputable to the appellant affect the validity of the appeal.Who is to pay the costsof preparing the recordon appeal?A. The clerk of the trial court, immediately after the order of appeal has been granted, shall estimatethe cost of the preparation of the record on appeal, including the fee of the court reporter forpreparing the transcript and the filing fee required by the appellate court. The clerk shall sendnotices of the estimated costs by certified mail to the appellant and by first class mail to theappellee.B. Within twenty days of the mailing of notice, the appellant shall pay the amount of the estimatedcosts to the clerk. The trial court may grant one extension of the period for paying the amount of theestimated costs for not more than an additional twenty days upon written motion showing goodcause for the extension.C. The appellant may question the excessiveness of the estimated costs by filing a writtenapplication for reduction in the trial court within the first twenty-day time limit, and the trial courtmay order reduction of the estimate upon proper showing. If an application for reduction has beentimely filed, the appellant shall have twenty days to pay the costs beginning from the date of theaction by the trial court on application for reduction.

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Term
Fall
Professor
N/A
Tags
City Courts, City Court of Slidell

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