Art. 2161.Dismissal For Irregularities

Louisiana's appellate rules lean against tossing a case over paperwork problems. Article 2161 opens by taking the trial record itself off the table as a reason to dismiss: if the record is missing, incomplete, or contains an error, the appeal survives regardless of whose fault that is, whether the clerk's, the court reporter's, or anyone else's. Instead of dismissal, the appellate court can remand the case, either for a new trial or to correct the record so the appeal can proceed on a complete one.

The same protection extends more broadly. Any other irregularity, error, or defect in how the appeal was taken does not doom it either, unless that problem is imputable to the appellant, meaning the appellant caused it or bears responsibility for it. A defect traceable to the clerk's office, the trial court, or plain happenstance will not sink an otherwise valid appeal.

Where the appellant is at fault, the opposing party still cannot wait indefinitely to complain about it. Article 2161 sets a tight window: a motion to dismiss for an appellant-caused irregularity, error, or defect must be filed within three days, not counting holidays, of the later of the return day or the date the record on appeal is lodged in the appellate court. Miss that window, and the objection is lost. The article carves out one exception to this deadline for the grounds addressed in Article 2162, consent, lack of jurisdiction, no right to appeal, and abandonment, which can be raised at any time.