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UNIFORM RULES
RULE 1. THE COURT
RULE 2. THE PRACTICE
RULE 3. THE SPECIAL APPEALS
RULE 4. WRITS
RULE 5. PROCEDURES FOR WRITS AND APPEALS IN CERTAIN
CASES INVOLVING MINORS
COMMENTS ON RULES
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UNIFORM APPLICATION
FOR POST-CONVICTION RELIEF
Rule 1-1. Promulgation and Effective Date of Rules; Amendments
1-1.1. Promulgation and Effective Date
The Rules of Court shall be promulgated by posting a copy to the Louisiana Courts of Appeal websites and published in the manner which the court deems
most effective and practicable. They shall become effective on July 1, 1982.
Amended April 15, 2010.
1-1.2. Amendments
Amendments of these Rules shall be promulgated and published in the same manner,
and shall become effective as of the date fixed therein.
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'
Rule 1-3. Scope of Review
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.
Rule 1-4. Sessions of Court
Unless the court orders otherwise, each Court of Appeal will hold sessions at its
legal domicile.
Rule 1-5. Panels
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.
Amended effective Oct. 7, 1991; amended the Oct. 6, 2003
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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, in accordance with the requirements set forth in
this Rule. If a Court of Appeal directs that a record be prepared for a nonappealable
matter to be considered under its supervisory jurisdiction, the record in such matters
also shall be prepared in accordance with the requirements set forth in this Rule.
Amended Oct. 2, 2006, effective Nov. 1, 2006.
Rule 2-1.1. Number of Copies
The clerk of the trial court shall prepare a certified copy of the original record
and one duplicate record for the Court of Appeal.
2-1.2. Production of Record
The certified copy and the duplicate, which may be typewritten or produced by any
acceptable copying or duplicating process, 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", and side margins of 1". The impression
must be on one side of the paper only, and must be double-spaced, except for matter
customarily single-spaced and indented. Illegible copies and photocopies produced
on wet copiers are not acceptable. All copies must be legible. The duplicate record
shall include all matters contained in the certified copy of the original record,
except matters which are not reproducible.
2-1.3. Cover Inscription
The records shall be bound in strong, flexible, looseleaf covers, 9" X 14 1/2",
fastened at the top, so as to open flat at the top.
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:
- the title of the court to which the record is directed;
- the docket number of the case in the Court of Appeal (to be given and entered by
the clerks of the Courts of Appeal);
- the number of the volume of the record;
- the title of the case (the same title given in the trial court);
- the status of the parties;
- 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;
- the names of counsel, with addresses and phone numbers, and the names of the parties
represented; and
- the date of the filing of the record (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 copy of its front cover required to be prepared in accordance with Rule 2-1.3;
- (2) a chronological index of the contents, which shall specify the volume and page
on which the minutes of the trial court, each paper or filing, and the note of evidence
appear by item, date, and page of all filings (papers) in the record;
- (3) an alphabetical index of the contents, which shall specify the volume and page
on which the minutes of the trial court, each paper of filing, and the note of evidence
appear by item, date, and page of all filings (papers) in the record; and
- (4) a chronological index of the documents and exhibits filed in evidence (showing
on whose behalf filed).
*************************************************************
Revision Comment: Appellate courts are scanning records into document management
systems. The front cover of the record is required to be "strong" cover material
so this rule is being revised to require a regular copy of the first volume's front
cover to be included in the record to facilitate scanning.
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:
- opening of the court;
- impaneling of the grand jury by which the indictment was found (if prosecution by
indictment);
- list of challenges for cause;
- list of peremptory challenges;
- list of petit jurors selected;
- list of evidence;
- list of witnesses;
- time when jury retired to deliberate, and time returned to render verdict;
- jury's verdict;
- trial court's judgment, ruling, and sentence;
- motion and order for appeal;
- the names of the defendant(s) and all attorney(s) when present.
Amended Oct 3, 1994, effective Jan. 1, 1995; amended March 22, 2001, effective Jan.
1, 2002
2-1.6. Order of Pleadings
All motions and pleadings, together with documents and exhibits attached, and orders
of court pertaining thereto, shall be placed in the record in the order in which
they are made or filed, except that answers to interrogatories (or similar inquiries)
shall immediately follow the interrogatories.
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
The record shall include exact copies of all documentary evidence and other evidence
(including depositions filed in 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 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 in evidence (at trial) in the case
on appeal or on writs, in which event 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:
- written reasons for judgment, transcribed oral reasons for judgment, or order (if
any);
- judgment or order (interlocutory and final); and, in criminal cases, all orders,
including the verdict, judgment and sentence;
- petition (motion) and order for appeal, and bond (if any);
- 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)
Amended Oct 3, 1994, effective Jan. 1, 1995.
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, 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 cross-examination, 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 presented and the volume and page where offered.
The index shall also give the volume and page of any oral reasons for judgment.
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.
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. 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.
Amended Oct 3, 1994, effective Jan. 1, 1995; amended and effective Oct. 4, 1999.
2-1.10. Numbering of Pages
The pages in the record shall be consecutively numbered. If the 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 extract of minute entries,
motions and pleadings, documents, written reasons for judgment, judgments, and 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. Such items may be supplied upon timely application to this court by any
party, upon showing their materiality.
2-1.12. Bulky Exhibits
Bulky or cumbersome documents, exhibits, and other physical or corporeal evidence
should not be filed with the record, unless otherwise ordered by the court. 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 on the record. Offers of proof (or proffers) should be included in separate
specially marked envelopes, properly identified. The duplicate record need not reproduce
such items, but reference thereto should be made.
2-1.13. Separate Records
Separate records shall be prepared of each case even though consolidated with another
case for trial. Each of such records 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 this court may, with leave of court, be used, without necessity
of duplication, in any other case on appeal or on writ.
2-1.15. Certificate of Clerk
The certified copy of the original record and the duplicate record shall each bear
the certificate of the clerk of the trial court as to the completeness and authenticity
thereof. The notice of appeal from the trial court shall also certify the amount
of court costs.
Amended March 30, 1989
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 true copy of the substandard
document in the required format.
Amended Oct 1, 2004, effective Jan. 1, 2002.
2-1.17. Designated Record
Notwithstanding the foregoing requirements, the parties may designate, in writing,
portions of the record to constitute the record in a Court of Appeal.
Rule 2-2. Notice Of Appeal; Filing of Record
Changes effective January 1, 2013 unless otherwise noted
2-2.1. Notice of Appeal
Within seven (7) days of the granting of an order of appeal, the clerk of the trial
court shall transmit to the appellate court and the judicial administrator of the Supreme
Court, the notice of appeal required by the Code of Civil Procedure or the Code
of Criminal Procedure.
Adopted April 11, 1996. Amended April 7, 2005. Effective January 1, 2013
2-2.2. Additional Notice Requirements in Election Cases; Responsibility of Appellant
and Clerk of Trial Court-REPEALED effective September 30,2012.
In any action objecting to candidacy or contesting an election, governed by the
provisions of Title 18 of the Revised Statutes, the following notices to the appellate
court shall be given by either or both the appellant and the clerk of court as provided
below:
- 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
- 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.
- 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.
Adopted April 11, 1996.
2-2.3. Filing of Record
In all cases appealed or in which a writ is granted, a certified copy of the original
record and one duplicate record shall be filed timely in the office of the clerk
of the Court of Appeal by the clerk of the trial court on or before the date fixed
for the return of the appeal or of the writ, or such extension thereof as may be
granted in accordance with law.
Former Rule 2-2, redesignated as Rule 2-2.3, April 11, 1996.
Rule 2-3. Criminal Appeals from Courts of Limited Jurisdiction Wherein Testimony
was Electronically Recorded
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.
Rule 2-4. Fees
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
Cases shall be docketed by the clerk in the order in which they are filed, under
the same title used in the trial court.
2-5.2. Notification
Upon the filing of the record and the docketing of the case, the clerk shall forthwith
notify counsel of record and each party not represented by counsel of the date of the filing and docketing.
Effective January 1, 2013
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 therefore 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
Motions which may be made in open court shall be made at the beginning of the daily
session, before the first case is called for argument or submission.
2-7.2. Requirements of Other Motions
All other motions or pleadings (e.g., peremptory exceptions and answers to appeals)
filed originally in a Court of Appeal shall be typewritten and double-spaced on
white paper of legal size, with proper margins, and shall bear the number and title
of the case in the appellate court, the nature of the motion or pleading, the name
of counsel filing the motion or pleading, and the name of the party on whose behalf
it is filed. Unless the motion or pleading bears a certificate showing that a legible
copy thereof has been delivered or mailed to opposing counsel of record, and to
each opposing party not represented by counsel, and showing the date of service
thereof, it shall not be filed or docketed. All motions filed in a Court of Appeal
shall include a proposed order.
Amended Oct 3, 1994, effective Jan. 1, 1995.
2-7.3. Filing
Unless made in open court, an original and 4 copies of each motion or pleading shall
be filed, numbered, and docketed in the clerk's office for the clerk to present
to the court for consideration. Unless previously filed, numbered, and docketed,
such motion or pleading will not be considered by the court.
2-7.4. Summary Dismissal
The court may summarily dismiss untimely or improperly filed motions and pleadings.
2-7.5. Instructions and Agreements
Instructions to the clerk, or agreements between the parties or their counsel, of
which the court is expected to take cognizance, shall be in writing, signed by the
parties or counsel, and filed in the clerk's office.
Rule 2-8. Motion to Dismiss or Remand, Pre-docketing Dismissals; Abandonment
2-8.1. Motion to Dismiss or Remand
Motions to dismiss or to remand appeals shall comply with the provisions of Rule
2-7. Such motions shall be submitted to the court by the clerk without oral argument
within 10 days following the date of filing; provided, however, the court may, in
its discretion, fix any such motion for oral argument, or refer the motion to the
argument on the merits. The mover to dismiss or to remand may file a brief with
the motion, and the opponent may file an opposition brief within 7 days of the filing
of the motion.
2-8.2. Service of Motion
A copy of a motion to dismiss or to remand an appeal, together with a copy of the
accompanying brief, if any, shall be delivered or mailed to opposing counsel of
record, and to each opposing party not represented by counsel.
2-8.3. Joint Motion
Any appeal may be summarily dismissed or remanded by order of the court where there
has been a joint motion filed by all interested parties or their counsel of record,
which shall set forth the reason for such action and which shall be supported by
appropriate affidavits that the facts alleged are true and correct.
2-8.4. Ex Parte Motion
Where there has been no timely answer to the appeal, or other formal action to amend
or modify the judgment appealed, the appellant may, by ex parte motion, have the
appeal dismissed, with leave of court.
2-8.5. Pre-docketing Dismissals
In cases where the parties desire to dismiss or to remand an appeal in which jurisdiction
of the appellate court has attached, but in which the record on appeal has not yet
been lodged and docketed, the court may nevertheless consider a joint motion to
such effect, provided the parties submit their motion signed by all counsel of record,
together with, in the case of a motion to dismiss the appeal, the statement of counsel
that all costs incurred in the trial court have been paid, or that counsel will
be responsible for the payment of same. The motion shall be accompanied by a certificate
from the clerk of the trial court indicating that the motion to dismiss or to remand
has been signed by all counsel of record and by each party not represented by counsel.
It shall show that the appeal bond, if required, has been filed or, in the case
of a pauper suit, indicate the lack of necessity for an appeal bond.
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 transmitted 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 transmitted, 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.
Amended Oct 7, 1991; amended Oct. 3, 1994, effective Jan. 1, 1995; amended Oct.
1, 2001. Effective January 1, 2013.
2-8.7. Suspension of Briefing Delays
A party may by written motion request that the Court of Appeal suspend briefing
delays until such time as a ruling is made by the appellate court on any pending
motion to dismiss or remand. If the court grants the request for suspension of the
briefing delays and later denies the motion to dismiss or remand, the court shall
set new briefing delays.
Added Oct. 3, 1994, effective Jan. 1, 1995.
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
No counsel may withdraw without leave of the appellate court once the trial court
is divested of jurisdiction.
Amended Oct 3, 1994, effective Jan. 1, 1995.
2-10.2. Motion and Order
Withdrawal shall be upon motion and order of the appellate court.
Amended Oct 3, 1994, effective Jan. 1, 1995.
Rule 2-11. Assignment on Calendar
2-11.1. Assignment as Docketed
Unless otherwise provided by law, or the court orders otherwise, the clerk shall
assign cases for hearing on the calendar in the order in which they are docketed.
2-11.2. Special Assignment
A special assignment may be given by the court in any case where the state or any
subdivision thereof is a party, or in any matter impressed with the public interest,
or in any case where the interest of justice clearly requires an immediate or special
hearing.
2-11.3. Summary Disposition
Cases may be assigned for summary disposition with or without oral argument when
the court so orders.
Amended effective Dec. 1, 1984.
2-11.4. Request for Oral Argument
Appeals in all cases shall be submitted for decision without oral argument, unless
a written request for permission to orally argue is filed in the clerk's office
by a party within thirty (30) days after the filing of the record in the court,
and permission is granted. Ordinarily timely requests for oral argument will be
granted, except in cases assigned for summary disposition. When permission for oral
argument has been granted to one party, the right to oral argument extends to all
parties, unless the right to orally argue has been forfeited. A request for oral
argument in letter form by one of the parties is acceptable.
Amended effective Dec. 1, 1984; Amended Oct. 3, 1994, effective Jan. 1, 1995. Amended April 15, 2010.
2-11.5. Cases Carried Over
A case assigned for oral argument that is not reached or in which the argument is
not completed on the assigned day, shall go over to the next argument day, unless
the court reassigns the case for a particular day.
2-11.6. Continuance
No case fixed for argument or submission on the calendar may be continued, except
in extraordinary situations which the court deems to justify a continuance.
2-11.7. Submission Without Oral Argument
Any case docketed in this court may be submitted at any time for decision without
oral argument, on joint motion of all parties or counsel of record.
2-11.8. Court's Authority to Hear Argument
The court shall retain its authority to order oral argument in any case.
2-11.9. Calendar Of Assignments
The clerk shall post the calendar of assignments for hearing and transmit it to all
counsel of record, and to any party not represented by counsel, not less than 30
days prior to the date fixed for the hearing of a case on the calendar, provided,
however, that the 30 day notice herein required shall not be applicable where there
will be no oral argument. The clerk shall note on the calendar the dates and hours
of sessions of court.
Amended effective Oct. 7, 1991. Effective January 1, 2013
Rule 2-12. Briefs
2-12.1. Filing
Each party shall file an original and 7 copies of the brief in every case. All parties
must file briefs in every criminal appeal.
Amended Oct 3, 1994, effective Jan. 1, 1995.
2-12.2. Preparation of Briefs
Briefs may be printed, 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:
- 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.
- 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.
- 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.
Amended April 3, 1986, effective July 1, 1986; amended Oct. 5, 1992; amended Oct.
3, 1994, effective Jan. 1, 1995; amended March 22, 2001, effective Jan. 1, 2002.
2-12.3. Cover Inscription
Briefs shall state on the cover or on the title page the following:
- the title of the court to which it is directed;
- the docket number of the case in the court;
- the title of the case as it appears on the docket of the court;
- the name or title of the court and the parish from which the case came;
- the name of the judge who rendered the judgment or ruling complained of;
- a statement as to whether the case comes before the court on appeal or in response
to a writ;
- a statement identifying the party on whose behalf the brief is filed and the party's
status before the court;
- the nature of the brief, whether original, in reply, or supplemental;
- 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";
- 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
The brief of the appellant or relator shall set forth the jurisdiction of the court,
a concise statement of the case, the action of the trial court thereon, a specification
or assignment of alleged errors relied upon, the issues presented for review, an
argument confined strictly to the issues of the case, free from unnecessary repetition,
giving accurate citations of the pages of the record and the authorities cited,
and a short conclusion stating the precise relief sought.
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.
Amended April 3, 1986, effective July 1, 1986; amended Oct. 3, 1994, effective Jan.
1, 1995; amended Oct. 2, 2006, effective Nov. 1, 2006.
2-12.5. Appellee's Brief
The brief of the appellee shall conform to the requirements for the appellant's
brief as set out in the preceding Rule, except that a statement of the jurisdiction,
the ruling or action of the trial court, the facts and of the issues need not be
included unless the appellee considers the statements of the appellant to be insufficient
or incorrect. It should contain appropriate and concise answers and arguments and
reference to the contentions and arguments of the appellant.
Amended Oct. 2, 2006, effective Nov. 1, 2006.
2-12.6. Reply Brief
The appellant may file a reply brief, if he has timely filed an original brief,
but it shall be strictly confined to rebuttal of points urged in the appellee's
brief. No further briefs may be filed except by leave of court.
2-12.6.1 Citation of Supplemental Authorities
If pertinent and significant authorities come to a party's attention after all original
and reply briefs have been filed-or after oral argument but before decision-a party
may promptly advise the clerk by letter, with a copy to all other parties, setting
forth the citations. The letter shall be limited to:
- the name and citation of the opinion or authority;
- the issue raised by the case which is pertinent to the issues raised in the case
pending before this Court; and
- a citation to the page number of where this point has been raised in briefs before
this Court or, if not raised in briefs and dealt with in oral argument only, where
and how this issue arose during oral argument. The body of the letter shall not
exceed two pages (letter size). Any response must be made promptly and must be similarly
limited. This section 2-12.6.1 letter shall not contain argument; if a party desires
to make an argument or to exceed two pages (letter size), the party shall file a
motion for permission to file a supplemental brief.
Adopted April 6, 2006.
2-12.7. Time to File
The brief of the appellant shall be filed not later than 25 calendar days after
the filing of the record in the court, and the brief of the appellee shall be filed
not later than 45 calendar days after the filing of the record in the court. The
reply brief, if any, of the appellant shall be filed not later than 10 calendar
days after the appellee's brief is filed.
Unless otherwise directed by the court in the notice of lodging, 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.
Amended Oct. 7, 2002.
2-12.8. Extensions of Time
An extension of time within which to file the brief may be granted by the court
for good cause shown on written motion filed with the clerk of the court on or before
the date the brief was due. If an extension of time is granted to an appellant to
file the original brief, time for filing the appellee's brief is extended for a
period of twenty days from the date of the extended time granted the appellant,
without the necessity of a motion or request by the appellee. To preserve the right
to oral argument, an appellee must file the brief within the extended twenty-day
period, whether or not the appellant's brief is timely filed. An extension of time
may not be granted if such extension will retard the hearing or determination of
the case.
Amended Oct. 5, 1987, effective Dec. 1, 1987.
2-12.9. Specially-assigned Cases
In cases specially assigned for argument, the briefs shall be filed as ordered by
the court.
2-12.10. Briefs on Motions or Writ Applications
Briefs in support of motions or applications for writs shall be filed with the motion
or writ application. Briefs in opposition thereto shall be filed prior to decision
by the court, or as may be ordered by the court.
2-12.11. Amicus Curiae Briefs
Amicus curiae briefs may be filed only upon motion by the applicant and order of
the court. The motion shall identify the interest of the applicant, state that the
applicant has read the briefs of the parties, and state specific reasons why applicant's
brief would be helpful to the court in deciding the cases. An amicus curiae may
not request oral argument.
2-12.12. Untimely Briefs; Sanctions
If the brief on behalf of any party is not filed by the date that the brief is due,
the party's right to oral argument shall be forfeited. The court may also impose
other sanctions including, but not limited to, dismissal of the appeal when the
appellant does not file a brief as provided for in Rule 2-8.6.
2-12.13. Non-conforming Briefs; Sanctions
Briefs not in compliance with these Rules may be stricken in whole or in part by
the court, and the delinquent party or counsel of record may be ordered to file
a new or amended brief.
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. Any other dated stamp, such as a private commercial
mail meter stamp, shall not be used to establish timeliness.
Amended Oct. 7, 2002; amended Oct. 2, 2006, effective Nov. 1, 2006.
Rule 2-14. Service of Legible Copies; Certificate
2-14.1. Service of Legible Copies
Legible copies of all papers filed in a Court of Appeal by any party shall, at or
before the time of filing, be delivered or mailed by the party to all other parties,
or counsel of record.
2-14.2. Certificate
The fact of such service shall be evidenced by a certificate listing all parties
and all counsel, indicating the parties each represents, and showing how and when
such service was accomplished.
Amended Oct. 2, 1995, effective Jan. 1, 1996.
Rule 2-15. Oral Argument
2-15.1. Order of Argument
The appellant shall have the right to open and close the argument. Where there are
2 or more appellants in the same case, the court will decide when the case is called
for argument who shall open and who shall close the argument, unless the parties
agree upon the order of presentation.
2-15.2. Length of Time
The parties shall be allowed a period of time not to exceed 40 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.
2-15.3. Reading From Briefs
Argument should not be read from a prepared text. Counsel shall not be permitted
to read from briefs, except matters, such as quotations, which are customarily read.
2-15.4. Textual Materials and Exhibits
- Textual Materials. A book, treatise, or other textual material not conveniently
available to the court, used as authority during argument by counsel, shall, on
request of court, be deposited with the court until the case is decided. By leave
of court, a photocopy of the pertinent material may be substituted in lieu of the
book, the treatise, or other textual material.
- 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
The decision of the appellate court may be expressed in one of the following forms:
a full opinion, a concise memorandum opinion, or a summary disposition conforming
to the provisions of this rule. All opinions and summary dispositions shall contain
the names of the judges who rendered the opinion or summary disposition.
Adopted Dec. 22, 2003, effective Jan. 1, 2004.
2-16.1. Opinions of the Appellate Courts.
Opinions of the appellate courts, whether authored or per curiam, shall be formal
opinions or memorandum opinions.
- (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
Amended Dec. 22, 2003, effective Jan. 1, 2004.
2-16.2. Summary Disposition
- (A) In any case in which the panel unanimously determines no jurisprudential purpose
would be served by a written opinion and that any one or more of the following dispositive
circumstances exist, the decision of the court may be made by summary disposition.
A summary disposition may be utilized when:
- the appellate court lacks jurisdiction;
- the disposition is clearly controlled by case law precedent, statute, or rules of
court;
- the appeal is moot;
- the issues involve no more than an application of well-settled rules to recurring
fact situations;
- the opinion or findings of fact and conclusions of law of the trial court or agency
adequately explain the decision;
- no error of law appears on the record;
- the trial court or agency did not abuse its discretion;
- the record does not demonstrate that the decision of the trier of fact is clearly
wrong (manifestly erroneous);
- the record demonstrates that the evidence in support of a criminal jury verdict
is not insufficient; or,
- 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:
- a statement describing the nature of the case and the dispositive issues without
a discussion of the facts.
- A citation to controlling precedent, if any; and
- 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)."
Amended April 30, 1999, effective Oct. 4, 1999; amended Dec. 22, 2003, effective
Jan. 1, 2004.
2-16.3. Publication and Citation
- A formal opinion of a Court of Appeal shall be designated for publication unless
a majority of the panel determines otherwise.
- 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.
- 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.
Amended April 20, 1999, effective Oct. 4, 1999; amended Dec. 22, 2003, effective
Jan. 1, 2004; amended Oct. 1, 2007, effective Nov. 1, 2007.
2-16.4. Copies of Opinions
In every case, one copy of the opinion, when rendered,
shall be transmitted to the trial judge, the clerk of the trial court, all
appeal counsel of record, and all parties not represented by counsel.
Effective January 1, 2013.
2-16.5. Certificate
The clerk of this court shall file a certificate in the record showing the date
on which and to whom the copy of opinion was transmitted and the transmission method.
Effective January 1, 2013.
Rule 2-17. Notice Of Judgment
2-17.1. Notice
Notice of judgment of a Court of Appeal shall be transmitted by the clerk to all counsel of record, and to all parties not represented by counsel.
January 1, 2013.
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.
Amended March 22, 2001, effective Jan. 1, 2002. Effective January 1, 2013.
Rule 2-18. Rehearing
2-18.1. Application for Rehearing
An application for rehearing shall state with particularity contentions of the applicant
and shall contain a concise argument in support of the application. Except by permission
of court, an application for rehearing shall not exceed 10 pages. An original and
4 copies of the application for rehearing shall be filed. Oral argument in support
of the application will not be permitted.
2-18.2. Time to File
- In cases governed by the Code of Criminal Procedure, an application for rehearing
must be filed with the clerk on or before 14 days after the rendition of the judgment.
- 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.
- No extension of time for filing an application for rehearing shall be granted.
Amended effective Aug. 30, 1983.
2-18.3. Support Brief
The applicant shall file an original and 4 copies of a brief in support of the application
for rehearing at the time the application for rehearing is filed.
Amended Oct. 3, 1994, effective Jan. 1, 1995.
2-18.4. Additional Time for Brief
If the applicant for rehearing needs additional time for filing of brief in support
of the application, a written request for additional time, explaining the cause
of the need therefore, shall be made in the application and the court may grant
or refuse the requested extension.
2-18.5. Granting of Rehearing
When a rehearing is granted, the case shall be submitted, with or without oral argument,
as ordered by the court.
2-18.6. Repetitive Applications
When a case has been decided on rehearing, another application for a rehearing will
not be considered unless the applicant has not theretofore been granted a rehearing,
or unless the court has expressly granted the right to apply for another rehearing.
2-18.7. When Rehearing Will Be Considered
An application for rehearing will be considered in cases where the court has:
- Granted a writ application on the merits;
- Dismissed an appeal; or
- Ruled on the merits of an appeal.
Amended Oct. 2, 1989, effective Jan. 1, 1990; amended Oct. 3, 1994, effective Jan.
1, 1995.
Rule 2-19. Frivolous 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 transmitted by the clerk
shall be sent to appeal counsel of record for each party, and to any party not represented by counsel, to the United States mailing address, email address or facsimile number shown by the record or to the United States mailing address, email address or facsimile number furnished to the clerk.
Effective January 1, 2013.
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Rule 3-1. Administrative Cases
3-1.1. Application for Appeal
Every application for appeal from a final decision of any administrative body shall
be filed with the appropriate administrative body in writing as required by law
and shall include an assignment of errors, which shall set out separately and particularly
each error asserted and a designation of the portions of the record desired to be
incorporated into the transcript. Within 5 days after the filing of an application
for appeal, any other party to the appeal may file a designation of additional portions
of the record to be included for a proper review of the questions comprised within
the assignment of errors. The administrative body shall transmit to a Court of Appeal,
as a transcript of the record, only the portions of the record so designated. Costs
for the inclusion of any unnecessary part of the record in any transcript may be
assessed against the party requiring such inclusion. If by written stipulation filed
with the administrative body, all parties agree on the portions of the record to
be included in the transcript, only such portions shall be included. In all cases
the application for appeal, the assignment of errors and the designation of the
record shall be copied into the transcript. The administrative body shall certify
the correctness of the transcript of the record.
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).
Amended Oct. 3, 1994, effective Jan. 1, 1995.
3-1.2. Filing and Return Dates
The administrative body shall endorse on every application for an appeal the date
of its filing and shall fix the return date, which shall not be more than 60 days
from the date of filing the application for appeal.
3-1.3. Application for Supervisory Review (Writs)
Every application for supervisory review from any ruling of an administrative body
that is not a final and definitive ruling on the merits of the case shall be governed
by URCA Rule 4.
Amended Oct. 2, 1989, effective Jan. 1, 1990.
3-1.4. Stay of Execution
A stay pending review by the court of appeal of any ruling or decision of an administrative
body, may be granted either by that body or by the court of appeal only in those
matters where the authority is expressly granted by law or in exercise of supervisory
jurisdiction by the court of appeal.
Amended Oct. 2, 1989, effective Jan. 1, 1990.
3-1.5. Applicability of Rules
All other Rules of the court and all laws regulating appeals, not inconsistent with
the foregoing, shall be applicable to appeals from such administrative bodies.
Redesignated from Rule 3-1.4 Oct. 2, 1989, effective Jan. 1, 1990.
Rule 3-2. Additional Notice Requirements in Election Cases; Responsibility of Appellant
and Clerk of Trial Court
In any action objecting to candidacy or contesting an election, governed by the
provisions of Title 18 of the Revised Statutes, the following additional notices
and procedures shall be applicable to either parties or the clerk of district court.
- Within 24 hours after any pleading is filed in an action objecting to candidacy
or contesting an election, the clerk of district court shall by facsimile transmission
or by e-mail as directed by the Court of Appeal, provide a copy to the clerk of
the Court of Appeal.
- Within 24 hours after the signing of judgment, the clerk of the district court shall provide a copy of the judgment and reasons for judgment to the clerk of the Court of Appeal by facsimile transmission or by e-mail as directed by the Court of Appeal.
- Within 24 hours after an order of appeal has been obtained and a bond given, the clerk of district court shall give notice of the order of appeal to the clerk of the Court of Appeal by facsimile transmission or by e-mail as directed by the Court of Appeal.
- Once the record lodges with the Court of Appeal, all briefing and docketing notices issued by the clerk of court shall be by facsimile or e-mail transmission.
Adopted and effective Oct. 4, 1999. Amended Oct. 2, 2006, effective Nov. 1, 2006. Effective January 1, 2013.
Historical Notes. A prior Rule 3-2, relating to delayed appeals in criminal cases, was deleted effective Jan. 1, 1990.
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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.
Amended March 29, 1983, effective May 1, 1983; amended Oct. 3, 1994, effective Jan. 1, 1995.
Rule 4-2. Notice of Intention
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.
Amended Oct. 2, 2000; Amended April 15, 2010.
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.
Amended Oct. 3, 1994, effective Jan. 1, 1995; amended Oct. 2, 2000; amended Oct. 6, 2003; amended Nov. 7, 2003, effective Nov. 10, 2003.
Revision Comment
In civil cases, Rule 4-3 has been revised to coordinate the date of the
beginning of the 30-day period for setting a return date with the date of notice
of the ruling at issue, in accordance with the notice rules of La. C.C.P. art. 1914
as amended by Act 545 of 2003. The "ruling at issue" refers to any interlocutory
judgment, order, or ruling of the trial court.
In the interests of judicial efficiency and fairness to the parties, an appellate
court in its discretion may review an interlocutory or final judgment pursuant to
its supervisory jurisdiction, even though the judgment also could be reviewed pursuant
to an appeal. See Chambers v. LeBlanc, 598 So.2d 337 (La. 1992); Winston v.
Martin, 34,195 (La. App. 2 Cir. 7/6/00), 764 So. 2d 368; Smith v. Louisiana Dept.
of Public Safety, 90-1029 (La. App. 3 Cir. 10/15/90), 571 So.2d 666;
Hamilton Medical Group v. Ochsner Health Plan, 550 So.2d 290 (La.
App 3 Cir. 1989). The 30-day period in Rule 4-3 in no way affects an appellate court’s
ability to utilize its supervisory jurisdiction in such instances.
Amended November 7, 2003
Effective Date: November 10, 2003
Rule 4-4. Stay of Proceedings
- 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.
- 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.
- 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.)
Amended Oct. 3, 1994, effective Jan. 1, 1995; amended Oct. 2, 1995, effective Jan. 1, 1996.
Rule 4-5. Contents of Application
- (A) 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.
- (B) The original and duplicate shall have the pages of the application and attached
documents and exhibits consecutively numbered; the entire submission shall be hole
punched and bound in two places along the top margin, preferably with 4 1/4 inch
metal file fasteners such that no part of the text on any page is obscured, and
in sections consisting of no more than 250 pages. No tabs shall be used in lieu
of consecutive page numbering and no tabs or extension shall be placed outside the
paper dimensions. Documents within the bound submission shall not contain any staples,
clips or other fasteners.
- (C) The submission shall contain these items:
- an index of all items contained therein;
- a concise statement of the grounds on which the jurisdiction of the court is invoked;
- a concise statement of the case, including the status of the case at the time the
writ application is filed, in order to reflect any trial dates or hearing dates
that are pending;
- the issues and questions of law presented for determination by the court;
- 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;
- a copy of the judgment, order, or ruling complained of (if by written judgment,
order, or ruling);
- a copy of the judge's reasons for judgment, order, or ruling (if written);
- a copy of each pleading on which the judgment, order, or ruling was founded, including
the petition(s) in civil cases and the indictment or the bill of information in
criminal cases;
- a copy of any opposition and any attachments thereto filed by a party in the trial
court or a statement by the relator that no opposing written document was filed;
- a copy of pertinent court minutes; and
- the notice of intent and return date order required by Rules 4-2 and 4-3; and
- 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).
- (D) If any trial or hearing date is set after a writ application is filed or if any
trial or hearing date included in a filed wirt application is changed or continued,
the applicant shall notify the court by facsimile or by e-mail, if directed by the
Court of Appeal, of the setting, change, or continuance of the hearing date no later
than three business days after the setting, change or continuance. The filed writ
application shall be supplemented with this information not later than one week
after the setting, change or continuance.
Amended March 26, 1992, effective April 1, 1992; amended Oct. 3, 1994, effective Jan. 1, 1995; amended Oct. 2, 1995, effective Jan 1, 1996; amended Oct. 2, 2000; amended March 14, 2002, effective Jan. 1, 2003; amended Oct. 2, 2006, effective Nov. 1, 2006. Amended April 15, 2010.
Rule 4-6. Notices of Disposition of an Application for Writs
- (A) The clerk shall transmit a copy of the court of appeal's disposition of an application
for writs in each particular case to
- The applicant;
- The opposing party or parties respondent;
- The trial judge whose ruling has been complained of;
- The trial court clerk; and
- 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 transmit a copy
of the disposition to the litigant to the United States mailing 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 shall transmit the disposition in accordance with Rule 2-20, but may also give prompt notice of the disposition by telephone and/or by email or facsimile transmission
to those who are to receive the notice via United States mail.
Amended Oct. 2, 1989, effective Jan. 1, 1990. Effective January 1, 2013.
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.
Amended Oct. 2, 1989, effective Jan. 1, 1990; amended Oct. 3, 1994, effective Jan. 1, 1995.
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.
Rule 4-9. Rehearing
Rules 2-18.1 through 2-18.7 apply to requests for rehearings related to writ applications.
Adopted Oct. 3, 1994, effective Jan. 1, 1995.
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Prior Rules 5-1 to 5-8, relating to post-conviction proceedings, were abolished by order of October 3, 1994, effective January 1, 1995. See Rule 4-1 as amended effective January 1, 1995.
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:
- Title VI. Child in Need of Care
- Title VII. Families in Need of Services
- Title VIII. Delinquency
- Title X. Involuntary Termination of Parental Rights
- Title XI. Surrender of Parental Rights
- Title XII. Adoption of Children
- 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:
- change of domiciliary parent
- change of custodial time
- change in or to sole custody
- 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.
Adopted April 13, 2000.
Rule 5-2. Confidentiality
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.
Adopted April 13, 2000.
Rule 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:
- (A) Once a return date is set by the trial court, no extension shall be granted
by the trial court or the court of appeal except upon a showing of extraordinary
circumstances.
- (B) Appeals and writ applications in such cases shall be assigned by preference
to the next docket or cycle following any required briefing schedule.
- (C)
- In appeals taken in such cases, the brief of the appellant shall be filed not later
than 15 calendar days after the filing of the record, and the brief of the appellee
shall be filed not later than 30 calendar days after the filing of the record. The
reply brief, if any, of the appellant shall be filed not later than 5 calendar days
after the appellee’s brief is filed.
- 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 represented, 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.
- (D) When an application for writs is sought in such cases to review the actions
of a trial court, the trial court shall fix a reasonable time within which the application
shall be filed in the appellate court, not to exceed 15 days from the date of the
ruling at issue. Only upon a showing of extraordinary hardship shall the trial court
or an appellate court extend the time for filing the application; and such an extension,
if any, must be sought by the applicant in writing, within the original or an extended
return date period.
- (E) Appeals and writs in these cases shall be considered by priority and the court
shall render such opinions expeditiously to allow release on or before the next
regularly scheduled opinion release date following the cycle or docket in which
the case was submitted.
- (F) Rehearing applications in compliance with URCA 2-18 shall be decided by preference
by the court.
Adopted April 13, 2000; amended Oct. 1, 2001.
Rule 5-4. Applicability of Rules
All other Rules or laws regulating writs or appeals, not inconsistent with the foregoing,
shall apply.
Adopted April 13, 2000.
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Comments on Rule 1-5
The first sentence provides for the usual 3-judge panel to hear cases. The second
sentence adds the constitutional requirement of 5-judge panels in the case of modification
or reversal, in a civil matter, with one dissent. The use of the word "resubmitted"
allows for the situation where the case was originally submitted without oral argument.
It has been the practice that if the case was originally argued orally, it is again
argued orally before 5 judges, but if the case was originally submitted without
oral argument, it is submitted to the 5-judge panel without oral argument. LSA-Const.
Art. 5, § 8(B). In Sarpy v. Sarpy, 359 So.2d 750 (La.App. 4 Cir. 1978), writ denied,
360 So.2d 1178 (La.1978), the court said:
The purpose of Section 8(B) is to require reconsideration by a larger panel 'prior
to rendition of judgment' whenever the original panel proposes to reverse or modify
the trial court judgment, unless the original panel votes unanimously to do so.
. . .
Once the judgment is rendered reversing the trial court judgment, Section 8(B) does
not require unanimity of the appellate court on an application to reconsider the
unanimous judgment of reversal.
Criminal cases are excepted from the 5-judge provision. LSA-Const. Art. 5, § 8(B).
The third sentence takes care of appeals in election cases. LSA-R.S. 18:1409H. The
last sentence is to take care of any special situations.
COMMENTS ON RULE 2-1.17
This Rule is to take care of the situation where a party in a civil case wishes
to designate the record as provided in LSA-C.C.P. art. 2128.
Pursuant to C.Cr.P. art. 845 [repealed; see, now, C.Cr.P. art. 914.1], the appellant
in a criminal case is required to designate the portions of the record on appeal.
Other portions may be designated by the appellee (state) or the trial and appellate
courts.
COMMENTS ON RULE 2-3
This Rule is to make it clear that the record is to be transcribed for the appellate
court in an appeal where the testimony was electronically recorded, and that tapes,
cassettes, or other recordings are not to be sent up as the testimony in such cases.
This Rule does not affect those cases wherein the testimony of witnesses has been
taken by stenotype, stenograph, or any other customary or mechanical means.
COMMENTS ON RULE 2-4
The statute providing for the fees is LSA-R.S. 13:352.
COMMENTS ON RULE 2-9
This Rule, providing for the substitution of parties, is taken from Rule 13 of the
S.Ct. Rules. The references to substitution of parties in the former Rules are contained
in the Rule dealing with Remedial Writs, C.A. , R 12, S 7, and in Rule 13 dealing
with Proceedings in Case of Death (which is unnecessarily detailed). The Rule is
intended to make for more uniformity in the appellate courts, as well as in the
trial courts.
COMMENTS ON RULE 2-18
This Rule encompasses a detailed explanation of the requirements of the application
for rehearing, and the rehearing procedure. The application for rehearing, in order
to be timely, must be filed with the clerk of the Court of Appeal on or before 14*
calendar days after the delivery or mailing of the notice of judgment, and no
extension of time will be granted. LSA-C.C.P. art. 2166. Repeated applications for
rehearing will not be countenanced.
*Please note the published version of this comment in West's Louisiana Rules of
Court, Uniform Rules of Court - Courts of Appeal has printed in error
that "the application for rehearing must be filed with the clerk of the Court of
Appeal on or before 30 calendar days after the delivery or mailing of the
notice of judgment..." This is incorrect and should read "... 14 calendar days..."
COMMENTS ON RULE 2-19
This Rule is based on LSA-C.C.P. art. 2164.
COMMENTS ON RULE 3-1
The Rule is adapted from the former Rule dealing with Appeals from Decisions of
Civil Service Commission, etc., with only cosmetic changes, and the elimination
of the bond for costs. All administrative body decisions have been combined into
one Rule based on the source provision, C.A., R 16.
COMMENTS ON RULE 3-2
This Rule is to take care of the situation where the delays for taking an appeal
have elapsed through no fault of the defendant. There is a constitutional right
to an appeal in criminal cases, which right can only be waived by the defendant
himself. LSA-Const., Art. 1, § 19; State v. Simmons, 390 So.2d 504 (La.1980).
COMMENTS ON RULE 4
The Rule applies to all writs, whether in civil or criminal actions, so the writs
are not specifically referred to as supervisory or remedial, or as writ of certiorari
or the like. See LSA-C.C.P. art. 2201.
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