The Missing Return Date After Emergency Surgery
In a negligence case in the 24th Judicial District Court for Jefferson Parish, the trial lasted three days and ended with a defense verdict. Judgment was signed March 3. The plaintiff timely filed a motion for appeal on March 20, and the trial judge signed the order on April 2, setting a June 1 return date. The plaintiff designated the entire trial transcript plus two depositions that were read into evidence. You are the official court reporter. On May 10 you are hospitalized for emergency surgery and are out until May 24. On May 28 the clerk calls: the transcript is not filed, and defense counsel has filed a motion to dismiss the appeal for failure to lodge the record. You have 620 pages transcribed, but 140 pages of voir dire and jury charges remain. What are your obligations?
1. What should you have done when it became clear you could not meet the June 1 return date?
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Immediately-not on May 28-the reporter should have notified the trial judge, the clerk, and all counsel in writing that the June 1 return date could not be met, giving the reason, pages completed, and a realistic completion date. The reporter should request that the trial court extend the return day for good cause before it expired. A court reporter's professional duty is to protect the record and the appeal, not to wait for a dismissal motion. The reporter should also arrange for a qualified substitute or additional transcription help if the court approves, while maintaining confidentiality. The reporter should continue working and keep a dated log. A certificate should not be issued for an incomplete transcript.
2. Does the hospitalization automatically excuse the missed return date or require dismissal of the appeal?
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Hospitalization is good cause, but it does not automatically decide the appeal. The question on a motion to dismiss is ordinarily whether the appellant caused the delay or failed to pay costs, not whether the reporter was ill. Louisiana courts prefer to decide appeals on the merits, and a return day can be extended for good cause. The reporter should supply an affidavit with exact dates: hospitalization May 10 through 24, work stopped, pages remaining, and expected completion. The reporter should not backdate the certificate or claim the transcript was complete earlier. If the appellant paid the estimated costs and designated the record, the reporter's delay should not be turned into an appellant's default without a court ruling.
3. What should you file or provide to the court and parties now?
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File a status affidavit or report in the trial court and copy all counsel. Request an extension and, if needed, an order allowing a substitute reporter or additional time. The clerk should be told not to lodge an incomplete record. Once complete, certify the transcript and deliver it to the clerk according to the court's directions; do not send the certified original directly to one party. If a corrected return date is set, meet it. Keep copies of all correspondence, because the appellate court may need to know why the record was late. The reporter should avoid ex parte assurances to one side and should keep the judge informed of any remaining delay.