Terms Used In Louisiana Code of Criminal Procedure 915.1

  • 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.
  • 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).
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Art. 915.1.  Appeals; extension of return date; notice

A.  The trial court may grant one extension of the return date of not more than thirty days.  An extension may not be granted after the return date has passed.  The extension may be granted only upon proof presented by the moving party that additional time is necessary due to extenuating circumstances beyond the control of the moving party and that, without the extension, an unusual and undue hardship would be created.  A copy of the extension shall be filed with the appellate court and the clerk of the trial court.

B.  Subsequent extensions may be granted by the appellate court for sufficient cause or at the request of the court reporter as provided in Article 919.  When a subsequent extension is granted by the appellate court, notice thereof shall be given by mail by the clerk of the trial court to all parties.  Failure of the clerk of the trial court to mail such notice shall not affect the validity of the appeal nor will any error or defect which is not imputable to the appellant affect the validity of the appeal.

Acts 1988, No. 525, §1.