Rule 2-1 Preparation of Record

The record shall be prepared by the clerk of the trial court from which the appeal is taken, in accordance with the requirements set forth in this Rule. If a Court of Appeal directs that a record be prepared pursuant to its supervisory jurisdiction, the record shall likewise be prepared in accordance with the requirements set forth in this Rule. In such matters, the Court of Appeal may order that preparation of the record be expedited.

2-1.1. Number of Copies

The clerk of the trial court shall prepare a certified copy and a duplicate copy of the original record, or a record in electronic form, subject to and in accordance with the local rules of the individual Courts of Appeal.

2-1.2. Production of Record

The certified copy and the duplicate copy, unless in electronic form, shall be typewritten or produced by any acceptable printing, copying, or duplicating process, and shall be prepared on white, unglazed, opaque paper of legal size, so as to produce a clear black image on white paper, with a margin at the top of each page of 2 inches, and side margins of 1 inch. The impression shall be on one side of the paper only, and must be double-spaced, except for matters customarily single-spaced and indented. Illegible copies and photocopies are not acceptable. The duplicate record shall include all matters contained in the certified copy of the original record, except items which are not reproducible. The record in electronic form shall conform to these requirements as well.

2-1.3. Cover Inscription

The record, unless in electronic form, shall be bound in strong, flexible, loose-leaf covers, 9 inches by 14½ inches, fastened at the top, so as to open flat.

On the outside of the front cover of each volume, there shall be inscribed with proper separation of lines and spaces, and in the following order:

(1) the title of the court to which the record is directed;

(2) the docket number of the case in the Court of Appeal (to be given and entered by the clerks of the Courts of Appeal);

(3) the number of the volume of the record;

(4) the title of the case (the same title given in the trial court);

(5) the status of the parties;

(6) the name of the court or administrative body and of the parish from which the appeal originates, the docket number of the case in the court or administrative body, the division/section of the court or administrative body, and the name of the judge or official who rendered the ruling or judgment to be reviewed;

(7) the names of counsel, with mailing addresses and phone numbers, and the names of the parties represented;

(8) the names of unrepresented parties, with mailing addresses and phone numbers; and

(9) the date of the lodging of the record in the Court of Appeal (to be entered by the clerks of the Courts of Appeal).

2-1.4. Copy of Front Cover and Indexes

The first volume of the record shall contain:

(1) a front cover in compliance with Rule 2-1.3;

(2) a chronological index of the contents of the entire record, which shall specify the volume and page of the minutes of the trial court, any paper or filing, and any note of evidence by item, date, and page in the record;

(3) an alphabetical index of the contents of the entire record, which shall specify the volume and page of the minutes of the trial court, any paper or filing, and any note of evidence by item and page in the record; and

(4) a chronological index of the documents and numbered exhibits filed in evidence (showing on whose behalf filed). Proffered evidence shall be enclosed in a sealed envelope and shall be properly identified and marked with the name of the party making the proffer.

2-1.5. Minute Entries of Trial Court

The record shall contain the minute entries of the trial court, and indicate the date of each entry, the action taken by the trial court, and the trial court judge presiding. In criminal cases, the minute entries shall include, in chronological order, these items:

(1) the opening of the court;

(2) the impaneling of the grand jury by which the indictment was found (if prosecution by indictment);

(3) the list of challenges for cause;

(4) the list of peremptory challenges;

(5) the list of petit jurors selected;

(6) the list of evidence;

(7) the list of witnesses;

(8) the time when the jury retired to deliberate, and the time returned to render verdict;

(9) the jury’s verdict;

(10) the trial court’s judgment, ruling, and sentence;

(11) any post-trial motions filed and the disposition thereof;

(12) the Louisiana Uniform Commitment Order of sentencing;

(13) the motion and order for appeal; and

(14) the names of the defendant(s) and all attorney(s) when present.

2-1.6. Order of Pleadings

All pleadings, together with documents and exhibits attached thereto, and orders of court pertaining thereto, shall be placed in the record in the order in which they are filed, except that answers to interrogatories (or similar inquiries) shall immediately follow the interrogatories.

The record in criminal cases shall also contain the indictment or the bill of information, and any pleas thereto in the order made, returned, or filed.

2-1.7. Order of Documents and Other Evidence

The record shall include exact legible copies of all documentary evidence and other evidence (including depositions filed into evidence) in the order in which such evidence was filed. If it is necessary that the original of any evidence be filed, such original must be clearly marked with an exhibit number and the date of filing, and shall be filed separately and not attached to the record; however, there must be proper reference in the record showing such filing. No record of another case (or prior record in the same titled and numbered case) shall be included in the record, unless such other record has been introduced into evidence at the trial court in the case on appeal, or on writs, and such other record shall accompany the record as an exhibit.

2-1.8. Order of Other Items

Other items in the record shall be arranged in the following order:

(1) the written reasons for judgment or transcribed oral reasons for judgment (if any);

(2) the judgment or order (final and interlocutory); and, in criminal cases, all orders, including the verdict, judgment, sentence, and disposition with respect to post-verdict motions; and

(3) the petition or motion and order for appeal, and bond (if any).

2-1.9. Transcript of Testimony

The verbatim transcript of oral testimony of the witnesses in the order in which it is taken shall be included in the record. The transcript of testimony shall indicate the party in whose behalf each witness was called (whether on direct, on cross-examination, or in rebuttal), and by whom examined or cross-examined. The transcriptions shall be preceded by an index setting forth the names of witnesses in the order called by the respective parties and the volume and pages of their examination on direct, on crossexamination, on re-direct, on re-cross, and in rebuttal. This index shall also list and identify the exhibits, and offers of proof, and show by whom offered and the volume and page where offered. The index shall also give the volume and page of any oral reasons for judgment.

In criminal cases, the record shall also contain all or any portion of the following if designated by the defendant, the state, or the trial judge: the preliminary hearing; voir dire examination of prospective jurors; statements, rulings, orders, and jury instructions by the trial court; objections, questions, statements, and arguments of counsel. If the voir dire examination of prospective jurors is requested, it shall be accompanied with an index setting forth the names of the prospective jurors in the order called and the volume and page numbers of their examination. This index shall also list whether the prospective juror was challenged, whether the challenge was for cause or peremptory, who raised the challenge, and whether the juror was released or accepted.

All transcripts filed with a Court of Appeal must comply with the Transcript Format Rules promulgated by the Louisiana Supreme Court.

2-1.10. Numbering of Pages

The pages in the record, whether in paper or electronic form, shall be consecutively numbered. If the paper record contains more than a total of 250 pages, it shall be bound in separate volumes, each containing not more than 250 pages. To the extent practicable, the minute entries, pleadings, documents, written reasons for judgment, judgments, appeal pleadings, and orders (also bonds, if any), shall be included in the first volume of the record, with the transcript of testimony and other evidence in subsequent volumes. The pages of the duplicate record shall be numbered to correspond with those of the certified copy of the original record.

2-1.11. Items to be Omitted

Subpoenas, notices, and returns may be omitted from the record, unless they are at issue. Prior to the submission of the case for decision, any party may move to supplement the record with the omitted items upon showing that the items are material to a decision in the case.

2-1.12. Bulky Exhibits

Bulky or cumbersome documents, exhibits, and other physical or corporeal evidence shall not be filed with the record, unless otherwise ordered by the Court of Appeal. They may be included in specially marked envelopes, or other containers, with a list and identification of the enclosed items attached thereto, with proper reference noted in the record. Offers of proof (or proffers) shall be included in separate specially marked envelopes, properly identified. The duplicate record need not reproduce such items, but reference thereto shall be made.

2-1.13. Separate Records

Separate records shall be prepared of each case even though consolidated with another case for trial. Each record shall be enclosed in a separate cover, with proper references indicating the consolidation thereof. The transcript of testimony in the consolidated cases may be included in only one of the records. Documentary evidence applicable to only one of the consolidated cases shall be enclosed in the appropriate record.

2-1.14. Use of Another Record

Any record lodged in the Court of Appeal may, with leave of court, be used, without necessity of duplication, in any other appeal or writ application.

2-1.15. Certificate of Clerk

The certified and duplicate copies of the original record shall each bear the certificate of the clerk of the trial court as to their completeness and authenticity. The trial court shall also certify the amount of court costs.

2-1.16. Responsibility of Clerk

It is the responsibility of the clerk of the trial court from which a case is appealed, or to which writs are directed, to prepare the record. To assist in its preparation, the clerk of the trial court may require of its court reporter a legible copy of the transcript of testimony, and of the appellant (or party seeking review by this court) legible copies of all pleadings, depositions, and other papers to be included in the record. In preparing the record, the clerk of the trial court shall ensure that depositions included as an exhibit consist of one page of deposition testimony per physical page and do not contain reduced images of multiple pages placed on one page. If any deposition introduced into evidence in the case does not meet this standard, the party who introduced the deposition shall provide a certified true copy of the substandard document in the required format. If the deposition is presented in electronic form, such as a CD or flash drive, it shall be placed in an envelope clearly marked with the exhibit number, the date of filing, the name of the deponent, and the party that introduced the deposition into evidence.

2-1.17. Designated Record

Notwithstanding the foregoing requirements, and subject to the minimum requirements provided by local rules of the Courts of Appeal, the parties may designate, in writing, portions of the record to constitute the record on appeal, as provided by law. If the Court of Appeal determines that it cannot undertake a proper analysis of the case on appeal without additional pleadings and/or transcripts, the court may require that additional pleadings and/or transcripts be supplemented into the record. The appellant shall be responsible for any cost associated with transcribing additional portions of the record not originally included in a designated record, and any cost associated with supplementing the record with the additional pleadings and/or transcripts.