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Art. 2131.Same; Narrative of Facts

Book III. Proceedings in Appellate Courts · Title I. Appellate Procedure · Chapter 2. Procedure For Appealing · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 2131 provides a fallback for appeals where testimony was not taken down in writing, directing the appellant to seek the other parties' agreement on a written narrative of the facts and, failing agreement, requiring the trial judge to draft a written narrative that is conclusive.

Full Text of Art. 2131

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If the testimony of the witnesses has not been taken down in writing the appellant must request the other parties to join with him in a written and signed narrative of the facts, and in cases of disagreement as to this narrative or of refusal to join in it, at any time prior to the lodging of the record in the appellate court, the judge shall make a written narrative of the facts, which shall be conclusive.

Plain-English Summary

Some proceedings leave no stenographic record behind, which would otherwise leave the appellate court with nothing to review the evidence against. Article 2131 fills that gap when testimony was not taken down in writing.

The appellant has to ask the other parties to join in preparing a written and signed narrative of the facts, a joint account of what the testimony and evidence showed, agreed to and signed by everyone involved, that stands in for a transcript.

If the parties disagree about that narrative, or one refuses to join in it, the trial judge steps in at any time before the record is lodged with the appellate court and writes the narrative personally. Because the presiding judge is uniquely positioned to recall what happened at trial, Article 2131 makes that judicial narrative conclusive, not subject to being challenged or re-argued by the parties afterward.

Frequently Asked Questions

What is a narrative of facts in Louisiana appellate practice?

A written account of what the trial testimony and evidence showed, used in place of a transcript when the testimony was not taken down in writing.

When is a narrative of facts used instead of a transcript?

When the testimony of the witnesses was not taken down in writing at trial, requiring the parties, or ultimately the judge, to reconstruct the record another way.

What happens if the parties cannot agree on the narrative of facts?

The trial judge writes the narrative personally, and Article 2131 makes that judicial narrative conclusive.

Can the judge's narrative of facts be challenged on appeal?

No. Article 2131 states that the trial judge's written narrative is conclusive once made.

Is there a deadline for resolving a dispute over the narrative of facts?

Yes. Disagreement or refusal to join in the narrative must be resolved by the judge at any time before the record is lodged with the appellate court.

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
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