When a subsequent extension of the return day is granted by the appellate court in accordance with the provisions of Article 2125, notice thereof shall be given by mail by the clerk of the trial court to counsel of record of all parties, and to parties not represented by counsel. The failure of the clerk of the trial court to mail such notice does not affect the validity of the appeal, nor does any error or defect that is not imputable to the appellant affect the validity of the appeal.
Art. 2125.1.Notice of Extension of Return Day Granted By Clerk of Trial Court
Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 2. Procedure For Appealing · Enacted 1976 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 2125.1 requires the trial court clerk to mail notice to all parties whenever the appellate court grants a further extension of the return day under Article 2125, while providing that a failure to mail that notice, or any other defect not caused by the appellant, does not undermine the appeal's validity.
Full Text of Art. 2125.1
Amendment History
Added by Acts 1976, No. 708, §1.
Plain-English Summary
Article 2125 lets the appellate court grant extensions of the return day beyond the single 30-day extension the trial court itself may give. Article 2125.1 makes sure the parties learn about any such extension: the clerk of the trial court, rather than the appellate court, mails notice of it to counsel of record for every party and to any party without an attorney.
Like the parallel provision in Article 2121 covering the original notice of appeal, this article shields the appellant from a clerk's oversight. If the clerk fails to mail notice of the extension, the appeal remains valid. Article 2125.1 reaches further still, providing that any error or defect not attributable to the appellant does not affect the appeal's validity, not just a missed mailing.
Keeping every party informed of the return day matters beyond bookkeeping. Deadlines elsewhere in this chapter, including the appellee's deadline to answer the appeal under Article 2133, are measured from the return day, so a party needs accurate notice of any change to that date.
Frequently Asked Questions
Who has to notify me if the return day is extended a second time?
The clerk of the trial court, who must mail notice of any extension granted by the appellate court under Article 2125 to counsel of record and to unrepresented parties.
What if the clerk fails to mail notice of the extension?
The appeal's validity is not affected. Article 2125.1 says the clerk's failure to mail notice does not undermine the appeal.
Does this rule protect against other clerical errors too?
Yes. Article 2125.1 also provides that any error or defect not imputable to the appellant does not affect the appeal's validity, beyond just a missed notice of extension.
Why does the return day matter to a party beyond the clerk's paperwork?
Because other deadlines depend on it, including the appellee's deadline under Article 2133 to file an answer to the appeal.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: notice of return day extension LouisianaArticle 2125.1 Louisianaclerk notice appellate return dayextension of return day notice requirementappeal not affected by clerk error Louisiana