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April 2016

When the court reporter can—and cannot—request an extension of the return date

In an appeal, the court reporter can (and often does) request an extension of the return date if the reporter needs more time to complete the transcript. See La. Code Civ. P. art. 2127.2. But what if the transcript is needed for a supervisory-writ application, and the court reporter is unable to complete the transcript within the return date set by the trial court. Can the court reporter move for an extension of the return date for the writ application. According to a 2002 decision by the Louisiana Second Circuit, the answer is “no.” If the would-be relator relies on a court reporter’s motion to extend the return date for a writ application, the application may be dismissed as untimely. See Lafferty v. Allstate Ins. Co., 36,119 (La. App. 2 Cir. 2/28/02), 806 So. 2d 1000


La. Supreme Court Annual Report

The 2015 edition of the Louisiana Supreme Court’s Annual Report is available on the court’s web site. It is full of statistics useful to appellate lawyers, such as the writ-grant rates in each Louisiana appellate court and numbers of rehearing applications filed and granted. I recommend that you download a copy for ready reference the next time you’re asked the odds of a writ application’s being granted.