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NOTICE: The following revisions to Rules 2-16.3 of the Uniform Rules of Louisiana Courts of Appeal (URCA) were adopted with an effective date of November 1, 2007:
Rule 2-16.3. Publication and Citation A. A formal opinion of a Court of Appeal shall be designated for publication unless a majority of the panel determines otherwise. B. A memorandum opinion or a summary disposition of a Court of Appeal shall not be designated for publication except by
C. The panel shall reconsider its decision not to publish an opinion upon the request of the trial judge or a party, provided that the request and reasons therefore are made in writing within the delays for rehearing following the rendition of the opinion. LOCAL RULES |
UNIFORM RULES |
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RULE 1. FILING FEES FOR ANSWER TO APPEAL AND MOTION FOR EXTENSION OF TIME A filing fee in the amount
of sixty-nine dollars and fifty cents ($69.50) shall be paid in connection with the filing in this
court of an answer to an appeal. A filing fee of twenty-five
dollars ($25.00) shall be paid in connection with the filing of a motion for
an extension of time. Effective July 1, 2006. RULE 2. FEE FOR COPIES OF OPINIONS OR PARTS OF THE RECORD The fee for copies of
opinions or parts of the record made by the clerk shall be two
dollars ($2.00) per page. RULE 3. DEPOSIT FOR COSTS OF MAILING In every
civil appeal the clerk of the trial court shall collect and forward
to the clerk of the court of appeal, in addition to the filing fee
for the appeal, the sum of ten dollars ($10.00) to defray the cost of mailing
notices by the court of appeal. RULE 4. UNTIMELY BRIEFS; SANCTIONS In addition
to any other sanctions imposed by court rules for untimely briefs,
in every civil case when the appellant's or appellee's brief is not
filed by the date the brief is due, a fine of One Hundred Dollars
($100.00) shall be imposed and shall be paid prior to the filing of
the brief. The parties
shall be allowed a period of time not to exceed 30 minutes, divided
equally between opposing parties, unless additional time is allowed
by the court for sound reason, or the court deems additional time is
needed for proper presentation of the case. Counsel is not required
to use all of the allotted time. The time for argument may be
shortened in the discretion of the court. When there is a conflict
of interests between appellants or between appellees, the court will
decide upon the apportionment of the time allowed them for argument,
unless they agree upon the apportionment. LOUISIANA COURTS OF APPEAL
Rule 1-1. Promulgation and Effective Date of Rules; Amendments 1-1.1. Promulgation and Effective
Date. 1-1.2. Amendments. Rule 1-2. Title and Scope of Rules These Rules shall govern practice and procedure in all appeals and in all writ applications to the Louisiana Courts of Appeal, and shall be known as the 'Uniform Rules of Louisiana Courts of Appeal The scope of review in all cases within the appellate and supervisory jurisdiction of the Courts of Appeal shall be as provided by LSA-Const. Art. 5, § 10(B), and as otherwise provided by law. The Courts of Appeal will review only issues which were submitted to the trial court and which are contained in specifications or assignments of error, unless the interest of justice clearly requires otherwise. Unless the court orders otherwise, each Court of Appeal will hold sessions at its legal domicile.
The court ordinarily will sit in rotating panels, each composed of 3
Judges, as may be directed by the Chief Judge. In civil cases, when
a judgment or ruling of a trial court is to be modified or reversed
and one judge dissents, the case shall be reargued or resubmitted
before a panel of at least 5 Judges if required by the constitution
or by the local rules of the particular appellate circuit. When an
appeal is taken from an election case objecting to candidacy or
contesting an election, the case shall be heard by the court as
directed by law. When authorized by law, or when the court deems it
necessary to promote justice or expedite the business of court, the
court may sit in panels of more than 3 judges or en banc.
Rule 2-1. Preparation of Record The record for a Court of Appeal shall be prepared by the clerk of the trial court from which the appeal is taken, or to which the writ is directed, in accordance with the requirements set forth in this Rule. Rule 2-1.1. Number of Copies. 2-1.2. Production of Record. 2-1.3. Cover Inscription. 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 and of the parish from which the case came, the number of the case in the court below, the division of the court, and the name of the judge who rendered the ruling or judgment to be reviewed; (7) the names of counsel, with addresses and phone numbers, and the names of the parties represented; and (8) the date of the filing of the record (to be entered by the clerks of the Courts of Appeal). 2-1.4. Indexes There shall also be a chronological index of the documents and exhibits filed in evidence (showing on whose behalf filed). 2-1.5. Minute Entries of Trial Court The record shall contain an extract of the pertinent minute entries of the trial court, and shall show the date of each entry, the action taken by the trial court, and the trial court judge presiding. In criminal cases, the extracts from the minute entries shall include, in chronological order, these items: (1) opening of the court; (2) impaneling of the grand jury by which the indictment was found (if prosecution by indictment); (3) list of challenges for cause; (4) list of peremptory challenges; (5) list of petit jurors selected; (6) list of evidence; (7) list of witnesses; (8) time when jury retired to deliberate, and time returned to render verdict; (9) jury's verdict; (10) trial court's judgment, ruling, and sentence; (11) motion and order for appeal; (12) the names of the defendant(s) and all attorney(s) when present. 2-1.6. Order of Pleadings. The record in criminal cases shall also contain the indictment (information) and pleas in the order made, returned or filed. 2-1.7. Order of Documents and
Other Evidence. 2-1.8. Order of Other Items (1) written reasons for judgment, transcribed oral reasons for judgment, or order (if any); (2) judgment or order (interlocutory and final); and, in criminal cases, all orders, including the verdict, judgment and sentence; (3) petition (motion) and order for appeal, and bond (if any); (4) assignments of error in criminal cases in numerical order, and the trial judge's per curiams (if any), each of which should follow the respective assignment of error. (If the evidence necessary to form a basis for an assignment of error has been transcribed elsewhere in the record, such as in a full transcript of the proceedings, it may be incorporated by reference to the appropriate volume and page of the record, so as to avoid unnecessary duplication in the record). 2-1.9. Transcript of Testimony In criminal cases, the record must also contain all or any portion of the following designated by the defendant, the state, or the trial judge: 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. 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 2-1.11. Items to be Omitted. 2-1.12. Bulky Exhibits. 2-1.13. Separate Records. 2-1.14. Use of Another Record. 2-1.15. Certificate of Clerk. 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 for a Court of Appeal. 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 for a Court of Appeal, the clerk of the trial court shall insure 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 copy of the substandard document in the required format. 2-1.17. Designated Record. Rule 2-2. Notice Of Appeal; Filing of Record 2-2.1. Notice of
Appeal. 2-2.2. Additional Notice
Requirements in Election Cases; Responsibility of Appellant and
Clerk of Trial Court. (1) Within 24 hours after signing of judgment, a party who is aggrieved by the judgment and who both obtains an order of appeal and provides the necessary bond, as required by the provisions of Title 18, shall give notice of the order of appeal to the clerk of the Court of Appeal by telephone and/or facsimile transmission; and (2) Within 24 hours after an order of appeal has been obtained and a bond given, as required by the provisions of Title 18, the clerk of the trial court shall give notice of the order of appeal to the clerk of the Court of Appeal by telephone and/or facsimile transmission. (3) The telephonic or facsimile transmission required above shall be immediately followed by the mailing of that notice to the clerk of the court of appeal. 2-2.3. Filing of Record. In all cases appealed to a Court of Appeal from a judgment rendered in a criminal case by a parish, city, or municipal court, where the testimony of witnesses was electronically recorded, such electronic recording shall, before filing of the appeal, be transcribed, and a certified copy of the original transcription and one duplicate shall be prepared and filed in accordance with Rules 2-1 and 2-2. The clerks of the Courts of Appeal shall charge the fees prescribed by law. Rule 2-5. Docketing of Cases; Notification 2-5.1. Docketing. 2-5.2. Notification Rule 2-6. Withdrawals of Records A record may be withdrawn from the office of the clerk of a Court of Appeal by counsel of record upon giving receipt therefor to the clerk. The record shall be returned within such reasonable period of time as may be fixed by the clerk at the time of withdrawal. A party not represented by counsel is not permitted to withdraw a record, but may make arrangements with the clerk to review the record at reasonable times in the clerk's office, or in the office of the clerk of the trial court. Records are subject to recall by the court at any time. Rule 2-7. Motions, Pleadings, Instructions to Clerk, Agreements of Parties 2-7.1. Motions in Open Court. 2-7.2. Requirements of Other
Motions 2-7.3. Filing. 2-7.4. Summary Dismissal 2-7.5. Instructions and
Agreements. Rule 2-8. Motion to Dismiss or Remand, Pre-docketing Dismissals; Abandonment 2-8.1. Motion to Dismiss or
Remand. 2-8.2. Service of Motion. 2-8.3. Joint Motion. 2-8.4. Ex Parte Motion. 2-8.5. Pre-docketing Dismissals. 2-8.6. Abandonment of Civil Appeal For civil appeals, if an appellant does not file a brief within the time prescribed by Rule 2-12.7 or any extension thereof granted by the court as provided by Rule 2-12.8, a notice shall be mailed by the clerk to counsel for the appellant, or to the appellant if not represented, that the appeal shall be dismissed 30 days thereafter unless a brief is filed in the meantime. If an appellant does not file a brief within 30 days after such notice is mailed, the appeal shall be dismissed as abandoned. Provided, however, that irrespective of the time limit provided in Rule 2-12.7 for the appellee to file a brief, the appellee's brief shall be filed within 20 days from the due date shown on the notice of abandonment. 2-8.7. Suspension of Briefing
Delays Rule 2-9. Substitution of Parties The rules and procedures
for substitution of parties provided by LSA-C.C.P. Arts. 801- 807
shall regulate the substitution of parties. Rule 2-10. Withdrawal of Counsel 2-10.1. Withdrawal 2-10.2. Motion and Order Rule 2-11. Assignment on Calendar 2-11.1. Assignment as Docketed. 2-11.2. Special Assignment. 2-11.3. Summary Disposition. 2-11.4. Request for Oral Argument 2-11.5. Cases Carried Over. 2-11.6. Continuance. 2-11.7. Submission Without Oral
Argument. 2-11.8. Court's Authority to Hear
Argument. 2-11.9. Calendar Of Assignments 2-12.1. Filing Briefs may be printed (or lithographed), typewritten, or produced by any copying or duplicating process which produces a clear black image on white paper. Illegible copies and photocopies produced on wet copiers are not acceptable. Briefs may be typewritten or otherwise acceptably produced on either letter or legal-size, white, unglazed, opaque paper, with a margin of 1" on each side, using only one side of each page. Briefs may be backed with a flexible or plastic manuscript cover, such as the customary "Blue back". The text of briefs shall be double-spaced except for matters which are customarily single-spaced. The pages in the briefs shall be numbered consecutively. The requirements listed above shall apply to briefs submitted in appeals and in briefs or supportive memoranda submitted in connection with motions, applications for supervisory writs, applications for rehearing and shall be subject to the following requirements and limitations: 1. Original briefs on 8 1/2" X 14" paper shall not exceed twenty-eight pages; reply briefs on such paper shall not exceed thirteen pages. Original briefs on 8 1/2" X 11" paper shall not exceed thirty-eight pages; reply briefs on such paper shall not exceed eighteen pages. These limitations do not include pages containing the cover, jurisdictional statement, syllabus, specification or assignment of errors, and issues presented for review. 2. The size type in all briefs will be (a) Roman or Times New Roman 14 point or larger computer font, normal spacing; or (b) no more than 10 characters per inch typewriter print. A margin of at least one inch at the top and bottom of each page shall be maintained. Footnotes may be single-spaced but shall not be used to circumvent the spirit of the rule. 3. A motion for leave to file a brief in excess of the page limitation of this rule must be filed at least ten days in advance of the due date of the brief. Such a motion will be granted only for extraordinary and compelling reasons. 2-12.3. Cover Inscription (a) the title of the court to which it is directed; (b) the docket number of the case in the court; (c) the title of the case as it appears on the docket of the court; (d) the name or title of the court and the parish from which the case came; (e) the name of the judge who rendered the judgment or ruling complained of; (f) a statement as to whether the case comes before the court on appeal or in response to a writ. (g) a statement identifying the party on whose behalf the brief is filed and the party's status before the court; (h) the nature of the brief, whether original, in reply, or supplemental; (i) the name of counsel, with address and telephone number, by whom the brief is filed, and a designation of the parties represented, and a designation of 'appeal counsel'; (j) the designation of whether the case is a civil, criminal, juvenile, or special proceeding (state particular type of proceeding). 2-12.4. Appellant's Brief A copy of the judgment, order, or ruling complained of, and a copy of either the trial court's written reasons for judgment, transcribed oral reasons for judgment, or minute entry of the reasons, if given, shall be appended to the brief of the complaining litigant on appeal. If reasons for judgment were not given, the brief shall so declare. Citation of Louisiana cases shall be in conformity with Section VIII of the Louisiana Supreme Court General Administrative Rules. Citations of other cases shall be to volume and page of the official reports (and when possible to the unofficial reports). It is recommended that where United States Supreme Court cases are cited, all three reports be cited, e.g., Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). When a decision from another state is cited, a copy thereof should be attached to the brief. The argument on a specification or assignment of error in a brief shall include a suitable reference by volume and page to the place in the record which contains the basis for the alleged error. The court may disregard the argument on that error in the event suitable reference to the record is not made. All specifications or assignments of error must be briefed. The court may consider as abandoned any specification or assignment of error which has not been briefed. The language used in the brief shall be courteous, free from vile, obscene, obnoxious, or offensive expressions, and free from insulting, abusive, discourteous, or irrelevant matter or criticism of any person, class of persons or association of persons, or any court, or judge or other officer thereof, or of any institution. Any violation of this Rule shall subject the author, or authors, of the brief to punishment for contempt of court, and to having such brief returned. 2-12.5.
Appellee's Brief. 2-12.6. Reply Brief. 2-12.7. Time to File In the case of a timely order of appeal being obtained by a litigant subsequent to an earlier order of appeal obtained by a different litigant, the brief on behalf of the litigant whose order of appeal bears the earlier date shall be due in point of time under the provisions of the appropriate rule regarding the appellant. The brief on behalf of the litigant whose order of appeal bears the later date shall be due in point of time under the provisions of the appropriate rule regarding the appellee. 2-12.8. Extensions of Time. 2-12.9. Specially-assigned Cases. 2-12.10. Briefs on Motions or
Writ Applications. 2-12.11. Amicus Curiae Briefs. 2-12.12. Untimely Briefs;
Sanctions 2-12.13. Non-conforming Briefs;
Sanctions. Rule 2-13. Timely Filing of Papers All papers to be filed
in a Court of Appeal shall be filed with the clerk. Filing may be
accomplished by delivery or by mail addressed to the clerk. The
filing of such papers shall be deemed timely when the papers are
mailed on or before the due date. If the papers are received by mail
on the first legal day following the expiration of the delay, there
shall be a rebuttable presumption that they were timely filed. In
all cases where the presumption does not apply, the timeliness of
the mailing shall be shown only by an official United States
postmark or by official receipt or certificate from the United
States Postal Service made at the time of mailing which indicates
the date thereof. Rule 2-14. Service of Legible Copies; Certificate 2-14.1. Service of Legible Copies. 2-14.2. Certificate 2-15.1. Order of Argument. 2-15.2. Length of Time. 2-15.3. Reading From Briefs. 2-15.4. Textual Materials and
Exhibits (b) Exhibits for
Demonstration. All models, maps, charts,
diagrams, or other exhibits used for purposes of illustration,
demonstration, or explanation during oral argument before the court
(but not made a part of the record) and deposited thereafter with
the court shall be removed by the party or counsel responsible for
such use and deposit within 30 days after written notice given by
the clerk. Failure to remove timely shall authorize the clerk to
destroy the exhibit or make other disposition thereof as the court
may deem proper. Rule 2-16.
Decisions of the Appellate Courts. 2-16.1. Opinions of the Appellate Courts. A. A case may be disposed of by formal opinion when at least one of the following criteria is satisfied. The decision involved: (1) establishes a new rule of law or alters or modifies an existing rule; (2) involves a legal issue of continuing public interest; (3) criticizes or explains existing law; (4) applies an established rule of law to a factual situation significantly different from that in published opinions of the courts of this state; (5) resolves an apparent conflict of authority; or, (6) constitutes a significant and non-duplicative contribution to legal literature because it contains: (a) an historical review of law; (b) a review of legislative history; or, (c) a review of conflicting decisions among the courts or other jurisdictions. B. Where the panel unanimously agrees that a case does not qualify for disposition by formal opinion, the case may be disposed of by a concise memorandum opinion. A memorandum opinion shall succinctly state: (1) the court from which the appeal comes; (2) the germane facts, including the ruling of the lower court; (3) the issues and contentions of the parties when appropriate; (4) the reasons for the decision; (5) the judgment of the appellate court; and (6) a statement that the memorandum opinion is issued in compliance with URCA Rule 2-16.1.B. 2-16.2. Summary Disposition. (1) the appellate court lacks jurisdiction; (2) the disposition is clearly controlled by case law precedent, statute, or rules of court; (3) the appeal is moot; (4) the issues involve no more than an application of well-settled rules to recurring fact situations; (5) the opinion or findings of fact and conclusions of law of the trial court or agency adequately explain the decision; (6) no error of law appears on the record; (7) the trial court or agency did not abuse its discretion; (8) the record does not demonstrate that the decision of the trier of fact is clearly wrong (manifestly erroneous); (9) the record demonstrates that the evidence in support of a criminal jury verdict is not insufficent; or, (10) the panel otherwise unanimously determines summary disposition is appropriate in accordance with the law and evidence. B. The court may dispose of a case by summary disposition with or without oral argument at any time after the case is docketed in the appellate court. The disposition may provide for dismissal, affirmance, remand, reversal or any combination thereof as appropriate to the case. C. When a summary disposition is issued, it shall contain: (1) a statement describing the nature of the case and the dispositive issues without a discussion of the facts; (2) a citation to controlling precedent, if any; and (3) the judgment of the appellate court and a citation to one or more of the criteria under this rule which supports the judgment, e.g., "Affirmed in accordance with Uniform Court of Appeal Rule 2-16.2.A(1)." 2-16.3. Publication and Citation. B. A memorandum opinion or a summary disposition of a Court of Appeal shall not be designated for publication except by majority vote of the panel. C. The panel shall reconsider its decision not to publish an opinion upon the request of the trial judge or a party, provided that the request and reasons therefore are made in writing within the delays for rehearing following the rendition of the opinion. 2-16.4. Copies of Opinions. 2-16.5. Certificate. 2-17.1. Notice. 2-17.2. Certificate. The clerk shall file a certificate in the record showing the date on which and the names of all parties or persons to whom the notice of judgment was delivered or mailed. 2-18.1. Application for Rehearing. 2-18.2. Time to File. (B) In cases governed by the Code of Civil Procedure, an application for rehearing must be filed with the clerk on or before 14 days after the personal delivery or mailing of the notice of the judgment and opinion of the court. (C) No extension of time for filing an application for rehearing shall be granted. 2-18.3. Support Brief 2-18.4. Additional Time for Brief. 2-18.5. Granting of Rehearing. 2-18.6. Repetitive Applications. 2-18.7. When Rehearing Will Be Considered (A) Granted a writ application on the merits; (B) Dismissed an appeal; or (C) Ruled on the merits of an appeal. The court may award damages for frivolous appeal in civil cases as provided by law. Rule 2-20. Notices or Copies by Clerk, Sufficiency of All notices or copies of papers required
by these Rules to be given by the clerk shall be delivered
personally or mailed by the clerk addressed to appeal counsel of
record for each party, and to any party not represented by counsel,
to the address shown by the record or to the address furnished to
the clerk. Rule 3-1. Administrative Cases 3-1.1. Application for Appeal Appeals from the Office of Worker's Compensation. In addition, the record on appeal from the Office of Worker's Compensation shall include a jurisdictional statement as contemplated by LSA-R.S. 23:1310.4 and 23:1310.5(A)(2). 3-1.2. Filing and Return Dates. 3-1.3. Application for Supervisory Review (Writs). 3-1.4. Stay of Execution. 3-1.5. Applicability of Rules.
Rule
3-2. Delayed Appeals in Criminal Cases [Deleted] Rule 4-1. Application for Writs An application for writs of any kind, and all documents and exhibits in connection therewith, shall be filed in an original and 3 duplicate copies with the clerk of the Court of Appeal, and shall not be considered by the court or any judge of the court unless it is properly filed with the clerk. Application for Post-conviction Relief. The applicant shall use the uniform application for post-conviction relief (see Appendix A). Inexcusable failure of the applicant to comply with this Rule may subject the applicant to dismissal of the application, or to other sanctions of the court. The party, or counsel of
record, intending to apply to the Court of Appeal for a writ shall
give to the opposing parties or opposing counsel of record, notice
of such intention; notice simultaneously shall be given to the judge
whose ruling is at issue, by requesting a return date to be set by
the judge as provided by Rule 4-3. Rule 4-3. Time to File; Extension of Time The judge who has been given notice of intention as provided by Rule 4-2 shall immediately set a reasonable return date within which the application shall be filed in the appellate court. The return date in civil cases shall not exceed 30 days from the date of notice, as provided in La. C.C.P. art. 1914. In criminal cases, unless the judge orders the ruling to be reduced to writing, the return date shall not exceed 30 days from the date of the ruling at issue. When the judge orders the ruling to be reduced to writing in criminal cases, the return date shall not exceed 30 days from the date the ruling is signed. In all cases, the judge shall set an explicit return date; an appellate court will not infer a return date from the record.
Upon proper showing, the trial court or the
appellate court may extend the time for filing the application upon
the filing of a motion for extension of return date by the
applicant, filed within the original or an extended return date
period. An application not filed in the appellate court within the
time so fixed or extended shall not be considered, in the absence of
a showing that the delay in filing was not due to the applicant's
fault. The application for writs shall contain documentation of the
return date and any extensions thereof; any application that does
not contain this documentation may not be considered by the
appellate court.
As amended November 7, 2003
- Effective Date: November 10, 2003 (A) When an application for writs is sought, further proceedings may be stayed at the trial court's discretion. Any request for a stay of proceedings should be presented first to the trial court. The filing of, or the granting of, a writ application does not stay further proceedings unless the trial court or appellate court expressly orders otherwise. (B) When expedited consideration by an appellate court is requested, including, but not limited to, a request for a stay order, the application shall include on the cover a statement in bold print that such consideration is sought and a statement within the application itself, entitled 'REQUEST FOR EXPEDITED CONSIDERATION', setting forth justification for the request and a specific time within which action by the appellate court is sought by the applicant. The 'REQUEST FOR EXPEDITED CONSIDERATION' shall be included as a separate page and properly noted in the index. The applicant shall notify the appellate court immediately of any change in the status of the case. (C) In all applications requesting a stay order or other priority consideration, the applicant must certify in affidavit form that the trial court and all counsel and unrepresented parties have been notified by telephonic or other equally prompt means of communication that said writ application has been or is about to be filed and that said application has been served forthwith on the trial court and all parties at interest or their counsel, by means equal to the means used to effect filing with the appellate court. (That is, if filing with the appellate court is by overnight mail, the same means shall be employed for service on the trial court and all parties at interest or their counsel. If filing is by hand to the appellate court, service must be made on the trial court and all parties at interest or their counsel by an equally prompt means.) Rule 4-5. Contents of Application The original application for writs shall be signed by the applicant or counsel of record, and shall contain an affidavit verifying the allegations of the application and certifying that a copy has been delivered or mailed to the respondent judge and to opposing counsel, and to any opposing party not represented by counsel. The affidavit shall list all parties and all counsel, indicating the parties each represents. The affidavit also shall list the addresses and telephone numbers (if available) of the respondent judge, opposing counsel and any opposing party not represented by counsel. The original and duplicate shall have the pages of the application and attached documents and exhibits consecutively numbered and shall contain these items: (A) an index of all items contained therein; (B) a concise statement of the grounds on which the jurisdiction of the court is invoked; (C) a concise statement of the case; (D) the issues and questions of law presented for determination by the court; (E) the assignments or specifications of errors and a memorandum in support of the application, in accordance with Rules 2-12.2 and 2-12.10, and a prayer for relief; (F) a copy of the judgment, order, or ruling complained of (if by written judgment, order, or ruling); (G) a copy of the judge's reasons for judgment, order, or ruling (if written); (H) a copy of each pleading on which the judgment, order, or ruling was founded; and (I) a copy of pertinent court minutes; and (J) the notice of intent and return date order required by Rules 4-2 and 4-3. (K) A separate page entitled "REQUEST FOR EXPEDITED CONSIDERATION" and indexed as such shall be included if the applicant seeks expedited relief or a stay order as required by Rule 4-4(B) and a corresponding affidavit as required by Rule 4-4(C). Rule 4-6. Notices of Disposition of an Application for Writs (A) The clerk shall mail a copy of the court of appeal's disposition of an application for writs in each particular case to (1) The applicant; (2) The opposing party or parties respondent; (3) The trial judge whose ruling has been complained of; (4) The trial court clerk; and (5) Any interested party who has requested, before disposition, a copy of such disposition. If a party is not represented by a counsel of record, the clerk shall mail a copy of the disposition to the litigant at the address shown in the application or in care of the trial court clerk where no address of the litigant is shown. (B) Where circumstances require prompt notice of the court's disposition of an application for writs, the clerk may give notice of the disposition by telephone or other electronic means followed by the required notice by mail. Rule 4-7. Action on Writ Application In exercise of its supervisory jurisdiction, the court may act peremptorily on the application, if circumstances warrant such action, with or without a response by the opposing party. The court alternatively may order a response by the opposing party and/or a per curiam by the trial court or may assign the case for argument and/or submission on any day that the court shall select. Rule 4-8. Applicability of Rules The Rules of the court pertaining to appeals and not conflicting with Rules specifically pertaining to applications for writs, when applicable and insofar as practicable, shall govern writ applications and the disposition thereof. Rules 2-18.1 through
2-18.7 apply to requests for rehearings related to writ
applications. PROCEDURES FOR WRITS AND APPEALS IN CERTAIN CASES INVOLVING MINORS Rule 5-1 Cases Designated for Expedited Handling In recognition of the need for confidentiality and expeditious consideration of writs and appeals in certain types of cases involving minors, the following cases shall be afforded preferential treatment and consideration: (a) Cases set forth in LSA-Ch.C. art.337, including: (1) Title VI. Child in Need of Care (2) Title VII. Families in Need of Services (3) Title VIII. Delinquency (4) Title X. Involuntary Termination of Parental Rights (5) Title XI. Surrender of Parental Rights (6) Title XII. Adoption of Children (7) Title XV, Chapter 7. Protection of Terminally Ill Children (b) Cases in which there is a modification of an existing custody decree or custody arrangement, including but not limited to: (1) change of domiciliary parent (2) change of custodial time (3) change in or to sole custody (4) rendition of an initial custody decree changing custody in fact (c) Cases involving intercountry adoption of children, as set forth in Title XII-A of the Children’s Code. To ensure the confidentiality of a minor who is a party to or whose interests are the subject matter in the proceedings listed in Rule 5-1(a) or (c) above, initials shall be used in all filings and in opinions rendered by the court of appeal to protect the minor’s identity. 5.3. Procedures in Cases Designated for Expedited Handling. The following procedures shall apply
in cases designated for expedited treatment, unless a case is given
special assignment by the court pursuant to Rule 2-11.2: (2) In such civil cases, if an appellant does not file a brief within the time prescribed by this rule or any extension thereof granted by the court as provided by this rule or Rule 2-12.8, a notice shall be mailed by the clerk to counsel for the appellant, or to the appellant if not presented, that the appeal shall be dismissed 10 days thereafter unless a brief is filed in the meantime. If an appellant does not file a brief within 10 days after such notice is mailed, the appeal shall be dismissed as abandoned. Provided, however, that irrespective of the time limit provided in this rule for the appellee to file a brief, the appellee's brief shall be filed within 15 days from the due date shown on the notice of abandonment.
Rule 5-4 Applicability of Rules
All other Rules or laws regulating writs or
appeals, not inconsistent with the foregoing, shall apply. UNIFORM APPLICATION FOR POST-CONVICTION RELIEF ________________________________________ No. ________________________ NAME OF APPLICANT (to be filled in by the clerk) ____________________________________________ _______ JUDICIAL DISTRICT PRISON NUMBER ___________________________________________ PARISH OF __________________ PLACE OF CONFINEMENT STATE OF LOUISIANA VS. _________________________________________________ CUSTODIAN (Warden, Superintendent, Jailer, or authorized person having custody of applicant) Please serve CUSTODIAN and ___________________________, DISTRICT ATTORNEY, ________ JUDICIAL DISTRICT, STATE OF LOUISIANA. INSTRUCTIONS--READ CAREFULLY (1) This application must be legibly written or typed, signed by the applicant and sworn to before a notary public or institutional officer authorized to administer an oath. Any false statement of a material fact may serve as the basis for a criminal prosecution. All questions must be answered concisely in the proper space on the form. Additional pages are not permitted except with respect to the facts which you rely upon to support your claims for relief. No citation of authorities or legal arguments are necessary. (2) Only one judgment may be challenged in a single application except that convictions on multiple counts of a single indictment or information may be challenged in one application. (3) YOU MUST INCLUDE ALL CLAIMS FOR RELIEF AND ALL FACTS SUPPORTING SUCH CLAIMS IN THE APPLICATION. (4) When the application is completed, the original must be mailed to the clerk of the district court in the parish where you were convicted and sentenced. (5) You must attach a copy of the court order sentencing you to custody. You may obtain a copy of that order from the clerk of the district court of the parish where you were sentenced or from the institution where you are confined. If a copy of the court order is not attached, you must allege what steps were taken in an effort to obtain the order. (6) Applications which do not conform to these instructions will be returned with a notation as to the deficiency. APPLICATION 1. Name and location of court which entered the judgment of conviction challenged _____________ 2. Date of judgment of conviction ______________________________________________________ 3. Length of sentence _________________________________________________________________ 4. Nature of offense involved (all counts) ________________________________________________ 5. What was your plea? (check one) (A) Not guilty ( ) (B) Guilty ( ) (C) Not guilty and not guilty by reason of insanity ( ) If you entered a guilty plea to one or more counts and not guilty to other counts, give details: _________________________________________________________________________________ (D) Name and address of the lawyer representing you at your plea (if you had no lawyer, please indicate)__________________________________________________________________________ (E) Was the lawyer appointed ( ) or hired ( )? (check one) 6. Kind of trial: ( |
