Art. 2125.Return Day
Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 2. Procedure For Appealing · Last amended 1984 · Last verified July 30, 2026
Full Text of Art. 2125
Amendment History
Amended by Acts 1976, No. 426, §2; Acts 1977, No. 177, §1, eff. 1/1/1978. Acts 1984, No. 937, §1.
Plain-English Summary
The return day is the date by which the trial court clerk must have the record on appeal — the compiled pleadings, exhibits, and, where relevant, transcript — physically lodged with the appellate court. It is a separate deadline from the delay for taking the appeal in the first place, and it governs how quickly the case reaches the appellate judges once the appeal has been granted.
Article 2125 sets two default periods, both measured from the date estimated costs are paid under Article 2126: 30 days when there is no testimony to transcribe, and 45 days when there is, since transcription takes the court reporter time. The trial judge may fix a shorter period than either default if circumstances allow.
The trial court itself may grant only one extension of the return day, capped at 30 days, and a copy of that extension has to be filed with the appellate court. Beyond that single extension, only the appellate court can grant further ones, either for sufficient cause or at the request of a court reporter who cannot finish a transcript in time, as described in Article 2127.2.
Frequently Asked Questions
What is the return day in a Louisiana appeal?
The deadline by which the trial court clerk must lodge the record on appeal with the appellate court, set by Article 2125 at 30 or 45 days from the payment of estimated costs.
How is the return day calculated?
Thirty days from the date estimated costs are paid if there is no testimony to transcribe, or 45 days if there is, unless the trial judge sets a shorter period.
Can the trial court extend the return day?
Yes, but only once, and the extension cannot exceed 30 days; a copy of the extension must be filed with the appellate court.
What happens if I need more time after the trial court's one extension?
Only the appellate court can grant further extensions, either for sufficient cause shown or at the request of a court reporter under Article 2127.2.