Uniform Rules - Rule 1 Print
Friday, 07 August 2009 12:04

Back to Uniform Rules Menu

 

RULE 1.  THE COURT

 

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 effective 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 October 7, 1991; Amended October 6,  2003.

 

 

Last Updated on Friday, 30 April 2010 07:25