Local Rules

 

 

WEST'S LOUISIANA STATUTES ANNOTATED

LOUISIANA REVISED STATUTES

LOUISIANA COURT OF APPEAL FIRST CIRCUIT

LOCAL RULES OF THE COURT OF APPEAL, FIRST CIRCUIT, SUPPLEMENTING AND/OR SUPERSEDING UNIFORM RULES--COURTS OF APPEAL

RULE 1. FEES      Check the current filing fees here:    Filing Fees effective July 1, 2007

Adopted March 4, 1994, effective March 1, 1994.  Amended May 20, 2000, effective July 1, 2000.

RULE 2. FEES--ANNUAL INCREASE

            Pursuant to > La. R.S. 13:10.3(E), the annual fees charged in Rules 1-1, 1-2, 1-5, 1-6, and 1-10 may be increased each July 1 by an amount equal to the percent of increase to the nearest half-dollar in the average consumer price index as published by the United States Department of Labor, bureau of labor statistics, between the two complete calendar years preceding July of the year in which the adjustment is made.  In forwarding the fee to the First Circuit Court of Appeal, the filer should ascertain the correct fees in those categories subject to annual change.

  Adopted March 4, 1994, effective March 1, 1994.  Amended May 20, 2000, effective July 1, 2000.

  RULE 3. PREFERENCE CASES

            For civil appeals, in those instances where the law provides that the matter be considered by preference or within a specified time period in the court of appeal, the appellant shall include the relevant legal citation in his motion for appeal.  Unless a motion and order to set the case by preference is filed in the clerk's office by a party within fourteen (14) days after the filing of the record in the court, the right to set the case by preference shall be deemed to have been waived and the case shall be assigned to the regular docket of the court.

  Adopted effective Jan. 17, 2001. 

            The Court of Appeal, First Circuit, by resolution adopted March 4, 1994, adopted new Local Rules 1 and 2.  The new rules replaced Local Rules 1 to 4 adopted in 1986.  A new Local Rule 3, relating to preference cases, was adopted in 2001.

RULE 4. ABANDONMENT OF CIVIL APPEAL

A. Except as provided hereafter, when no activity occurs in an appeal for three years, the appeal shall be dismissed as abandoned, and notice thereof shall be sent to the appellant or the appellant's attorney at the last address shown on the court's records.

 

B.  If a stay order or notice thereof resulting from a bankruptcy, receivership, liquidation, or like proceeding is filed the Clerk of Court shall send a notice to the appellant that one year thereafter the appeal shall be dismissed as abandoned unless the appellant in the meantime files a motion showing why the appeal should not be dismissed.

 

C. If the court is notified that a case has been settled or that the progress of a case should be suspended for any reason the Clerk of Court shall send a notice to the appellant that ninety days thereafter the appeal shall be dismissed as abandoned unless the appellant in the meantime files a motion showing why the appeal should not be dismissed.

 

D. In the event that an appellant files a written motion pursuant to Section (B) or (C) the court may order that the appeal be dismissed as scheduled, that the time of the dismissal be extended, or that any other appropriate action be taken.            

The Court of Appeal, First Circuit, by resolution adopted March 4, 1994, adopted new Local Rules 1 and 2.  The new rules replaced Local Rules 1 to 4 adopted in 1986.

RULE 5. MINIMUM CIVIL RECORD REQUIREMENTS AND DESIGNATION

  Notwithstanding Uniform Rule 2-1.17, and regardless of whether or not a designation is made, the following items shall be included in the civil appeal record:

1) Petitions-original, supplemental, and/or amending naming all parties

2) Answers and cross-pleadings

3) Signed pauper order, if claimed

4) Any judgment dismissing a party or parties to the suit

5) Signed judgment complained of and reasons (transcribed oral or written), if any

6) All notices of judgment

7) Motions for new trial or judgment notwithstanding the verdict

8) Disposition of new trial or judgm2nt notwithstanding the verdict motions

9) Notices of new trial or judgment notwithstanding the verdict dispositions

10) Motion(s) and signed order(s) of appeal

11) Notice of return date and/or proof and date of cost paid

12) Designation(s) of the appellate record, if filed

13) Motion and signed order of consolidation, if consolidated

14) Minute entries required by Rule 2-1.5