Art. 2126. Payment of costs

            A. After the order of appeal has been granted, the clerk of the trial court shall estimate the cost of the preparation of the record on appeal, including the fee of the court reporter for preparing the transcript and the filing fee required by the appellate court. The clerk shall transmit notices of the estimated costs to the appellant and appellee.

            B. If the parties have not designated the record on appeal pursuant to Article 2128, the appellant shall, within twenty days after transmission of the notice of the estimated costs, pay the amount of the estimated costs to the clerk. The trial court may grant one extension of the period for paying the amount of the estimated costs for not more than an additional twenty days upon written motion showing good cause for the extension.

            C. If the parties have designated the record on appeal pursuant to Article 2128, the clerk shall transmit a revised notice of the estimated costs to the appellant and appellee. The appellant shall, within twenty days after transmission of the revised notice of estimated costs, pay the amount of the estimated costs to the clerk. The trial court may grant one extension of the period for paying the amount of the revised estimated costs for not more than an additional twenty days upon written motion showing good cause for the extension.

            D. The appellant may question the excessiveness of the estimated costs by filing a written motion for reduction in the trial court within the first twenty-day time limit if the record has not been designated pursuant to Article 2128, or within twenty days after transmission of the revised notice of estimated costs if the record has been designated pursuant to Article 2128. The trial court may order reduction of the estimate upon proper showing. If the motion for reduction has been timely filed, the appellant shall have twenty days to pay the costs beginning from the date of the action by the trial court on the motion for reduction.

            E. After the preparation of the record on appeal has been completed, the clerk of the trial court shall, as the situation may require, either refund to the appellant the difference between the estimated costs and the actual costs, if the estimated costs exceed the actual costs, or transmit notice to the appellant of the amount of additional costs due, if the actual costs exceed the estimated costs. If the payment of additional costs is required, the appellant shall pay the amount of additional costs within twenty days after transmission of the notice.

            F. If the appellant fails to pay the estimated costs, or the difference between the estimated costs and the actual costs, within the time specified, the trial judge, on his own motion or upon motion by the clerk or by any party, and after a hearing, shall do one of the following:

            (1) Enter a formal order of dismissal of the appeal on the grounds of abandonment.

            (2) Grant a ten-day period within which costs shall be paid in full, in default of which the appeal is dismissed as abandoned.

            G. If the appellant pays the costs required by this Article, the appeal shall not be dismissed because of the passage of the return day without an extension being obtained or because of an untimely lodging of the record on appeal.

            H. For the purposes of this Article, "transmit" means the sending of notice via certified mail, electronic mail to the email address designated by counsel or the party, or commercial courier. The sending of notice by electronic means is complete upon transmission, provided that the sender receives an electronic confirmation of delivery.

            Amended by Acts 1976, No. 708, §2; Acts 1977, No. 198, §2, eff. Jan. 1, 1978; Acts 1978, No. 449, §1, eff. Jan. 1, 1979; Acts 1984, No. 937, §1; Acts 1995, No. 105, §1; Acts 2026, No. 127, §1.