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RULE 5. PROCEDURES FOR WRITS AND APPEALS IN CERTAIN CASES INVOLVING MINORS

Abolition of prior Rule 5

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:

(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.

 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) (1) 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.

(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 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.

Rules 5-5 to 5-8.  Abolished effective January 1, 1995.