Louisiana Children’s Code 335 – Preparation of record; costs
Terms Used In Louisiana Children's Code 335
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. The clerk of the trial court shall cause the record on appeal to be prepared and lodged with the appellate court on or before the return day or extension thereof.
B. 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.
C. All transcripts or parts thereof completed for inclusion in the record shall be dated and certified by the court reporter who prepares them. The date of certification by the court reporter shall be the date on which the transcript was concluded and furnished to the clerk for inclusion in the record.
D. If a child desires a transcript for appeal or for supervisory writ, the child or the parents of the child shall not be assessed the cost of transcription of the record or any other costs associated with the preparation of the record.
E. If a parent, in a proceeding brought pursuant to Title V, VI, VII, X, or XI of this Code, desires a transcript for appeal or for supervisory writ, the parent shall pay the cost of transcription of the record unless the court determines that the parent is unable to pay due to poverty or lack of means. The appointment of counsel for the parent in a proceeding shall create a rebuttable presumption that the parent is unable to pay the costs associated with the preparation of the appellate record or the costs for the transcription of the contested proceedings for inclusion in the appeal or supervisory writ. If the court finds that the presumption has been rebutted, the court shall provide written reasons for its finding.
F. If the court finds that the interests of justice so require, the court may waive the costs of transcription of the record or for supervisory writ for any other party with a right to an appeal who is unable to pay due to poverty or lack of means.
G. Failure of the clerk to prepare and lodge the record on appeal either timely or correctly shall not prejudice the appeal.
Acts 1991, No. 235, §3, eff. Jan. 1, 1992; Acts 2022, No. 272, §1.