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June 2018

No reasons for judgment? Here’s what you do.

Q. Let’s say that a trial court renders an appealable judgment against your client. You want to appeal, and you want the record to include the trial court’s written findings and reasons for judgment. So you file a timely request for written findings and reasons under La. Code Civ. P. art. 1917, but the trial court fails to issue written reasons. What do you do?

A. “[T]he proper remedy for a trial court’s failure to provide written reasons for judgment, when a timely written request to provide reasons has been filed, is by writ or a motion for remand.” Wooley v. Lucksinger, 2009-0571, p. 75 (La. 4/1/11), 61 So. 3d 507, 570; see also id. n. 160 (collecting cases).