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RULE 3.  THE SPECIAL APPEALS

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 October 3, 1994, effective January 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 October 2, 1989, effective January 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 October 2, 1989, effective January 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 October 2, 1989, effective January 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.

(a) Within 24 hours after any document 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. 

(b) 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.

(c) 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.

(d) 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 October 4, 1999,  effective October 4, 1999; amended October 2, 2006, effective November 1, 2006; amended September 30, 2012, effective January 1, 2013.