Uniform Rules - Rule 4

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 within the time period provided for in Rule 4-3.

Amended October 2, 2000. Amended effective 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 October 3, 1994, effective January 1, 1995; amended October 2, 2000; amended October 6, 2003; amended November 7, 2003, effective November 10, 2003.

Rule 4-4. Stay of Proceedings

(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.)

Amended October 3, 1994, effective January 1, 1995; Amended October 2, 1995, effective January 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 duplicates 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 extensions 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:

(1) an index of all items contained therein;

(2) a concise statement of the grounds on which the jurisdiction of the court is invoked;

(3) 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;

(4) the issues and questions of law presented for determination by the court;

(5) 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;

(6) a copy of the judgment, order, or ruling complained of (if by written judgment, order, or ruling);

(7) a copy of the judge's reasons for judgment, order, or ruling (if written);

(8) 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;

(9) 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;
(10) a copy of pertinent court minutes;

(11) the notice of intent and return date order required by Rules 4-2 and 4-3; and

(12) 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 4-4B) 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 writ 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 October 29, 1995, effective January 1, 1996; amended October 2, 2000; amended March 14. 2002, effective Jan. 1, 2003; amended October 2, 2006, effective November 1, 2006; amended effective 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

(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 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 at the United States mailing address shown in the application or in care of the trial court clerk where no such 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 matter via United States mail.

Amended October 2, 1989, effective January 1, 1990; amended September 30, 2012, 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 October 2, 1989, effective January 1, 1990; amended October 3, 1994, effective January 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 October 3, 1994, effective January 1, 1995.

Last Updated on Wednesday, 02 January 2013 17:24

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