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Rules
for Louisiana District Courts |
TITLE III
RULES FOR CRIMINAL PROCEEDINGS IN DISTRICT COURTS
Includes Amendments through November 3, 2004
(November 3, 2004 Amendments effective January 1, 2005)
Chapter 14 ALLOTMENT OF CASES
Rule 14.0 Allotment of Cases
(a) The clerk of court shall randomly allot all criminal cases, unless an exception is established by law or these rules. The method of random allotment established by each district court, or by each parish within a district where applicable, is described in Appendix 11. The method of randomly allotting traffic offenses prosecuted under Title 32 of the Louisiana Revised Statutes, wildlife offenses prosecuted under Title 56 of the Louisiana Revised Statutes, and appeals from courts of limited jurisdiction is described in Appendix 12.
(b) In districts having a designated drug fast track court, except drug courts established pursuant to R.S. 13:5301-5304, et seq., all drug cases shall be allotted to the drug court. If the drug court has more than one division, the clerk shall randomly allot drug cases to the divisions of the drug court, by the method described in Appendix 11.
Adopted April 1, 2002, effective April 1, 2002.
Rule 14.1 Allotment - Defendant With More than One Felony Case
(a) Unless a different method is set forth in Appendix 13, if a defendant has a felony case pending and previously allotted, any new felony arrest for that defendant shall be allotted to the division to which the pending felony was allotted. This felonies-following-felonies rule also applies to any pending felony arrests for a co-defendant with a new arrest and billed as a co-defendant.
(b) For purposes of this rule, a felony case remains pending until any of the following events has occurred:
(1) the statute of limitations runs;
(2) a change of booking is made, reducing the case to a misdemeanor;
(3) a bill of information or indictment is filed or amended, reducing the case to a misdemeanor;
(4) the District Attorney’s office enters a nolle prosequi in a case; or
(5) a finding of guilt (with sentence having been imposed), not guilty, or not guilty by reason of insanity is entered on the record.
Adopted April 1, 2002, effective April 1, 2002.
Rule 14.2 Motions Before Allotment
When a motion for a preliminary examination, a motion to suppress evidence, motion to fix or reduce bail, or any other petition or motion, including a petition for a writ of habeas corpus, is filed prior to the filing of an indictment or bill of information, the petition or motion shall be assigned a docket number and allotted in the manner established by Rule 14.0(a), unless the case has previously been assigned a docket number and allotted.
Adopted April 1, 2002, effective April 1, 2002.
Rule 14.3 Transfer of Allotted Case
Any case that has been allotted may be transferred from one division to another division for good cause, or by written consent of all parties, including the state, the defense and the court. Consent transfers must be by written order signed by both the transferring judge and the receiving judge.
If all parties do not consent, a show cause hearing shall be held, the burden to show good cause upon the moving party. The hearing shall be before a judge ad hoc, selected in the manner set forth for motions to recuse under Louisiana Code of Criminal Procedure Article 675.
Adopted April 1, 2002, effective April 1, 2002.
Rule 14.4 Transfer When a Bond Reduction or Preliminary Hearing is Pending
If, after the filing and fixing of a date and time for a bond reduction or preliminary hearing, it is discovered that the case has been improperly or inappropriately allotted and the case is to be transferred to another division, the division transferring the case shall transfer it but only after the designated date and time of the bond reduction or preliminary examination hearing. This rule does not prevent a judge from transferring pending motions to the proper division when a motion is improperly or inappropriately scheduled for hearing by a division for the purposes of forum shopping or when the receiving division agrees or desires to hear the motions.
Adopted April 1, 2002, effective April 1, 2002.
Chapter 15 ASSIGNMENT OF CASES AND PRELIMINARY MOTIONS
Rule 15.0 Assignment of Cases, Filing of Motions, Pre-Trial and Status Conferences
The method of scheduling pre-trial and status conferences, and handling other pretrial matters in criminal cases, shall be determined by each district court as set forth in Appendix 14.
Adopted April 1, 2002, effective April 1, 2002; amended November 3, 2004, effective January 1, 2005.
Rule 15.1 Filing and Service of Motions
All motions, ex parte or otherwise, must be filed with the clerk of court and served on all opposing parties, except as otherwise provided by law. Service on the district attorney shall be accomplished by mailing a copy to the district attorney, unless the court has adopted an alternate method of service. Those courts that have adopted an alternative method of service on the district attorney are listed in Appendix 15.
An indigent defendant may file ex parte motions, as allowed by law, to the allotted judge, but must provide notice of the motion to the state. The state may file an opposition to the hearing being held ex parte and/or to the substance of the motion.
Adopted April 1, 2002, effective April 1, 2002; amended November 3, 2004, effective January 1, 2005.
Comment
See State v. Touchet, 642 So.2d 1213 (La. 9/6/94) and Code of Crim. Proc. 739.
Rule 15.2 Appointment of Counsel
Each district court shall set forth a method for appointing counsel for indigent defendants. The method established by each district is described in Appendix 16 to these rules.
Adopted April 1, 2002, effective April 1, 2002.
Chapter 16 RECORDING OF PROCEEDINGS
Rule 16.0 Record of Proceedings
In all felony cases and in misdemeanor cases requiring the recording of testimony, the court shall provide a method for making a verbatim record of all proceedings in open court.
Adopted April 1, 2002, effective April 1, 2002.
Rule 16.1 Court Reporter
Upon request of counsel, the court reporter shall take all testimony and evidentiary hearings in misdemeanor cases.
Adopted April 1, 2002, effective April 1, 2002.
Chapter 17 APPEALS FROM COURTS OF LIMITED JURISDICTION TO DISTRICT COURT
Rule 17.0 Transcript of Proceedings
A transcript, rather than a tape recording, of the proceedings in a court of limited jurisdiction must be supplied to the district court on the appeal.
Adopted April 1, 2002, effective April 1, 2002.
Rule 17.1 Matters Considered on Appeal
The following matters and no others shall be considered on appeal:
(a) An error designated in the assignment of errors included in the record lodged with the court.
(b) An error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence.
Adopted April 1, 2002, effective April 1, 2002.
Rule 17.2 Lodging of Appeal
When the appeal has been lodged, the clerk of the district court shall notify the appellant and/or his counsel that the appellate record has been lodged with the court and that briefs or memoranda must be filed within 20 days thereafter.
Adopted April 1, 2002, effective April 1, 2002.
Rule 17.3 Briefs
Appellant must submit a brief or memorandum to the district court within 20 days of the lodging of the appeal. The prosecuting attorney of the court from which the appeal is taken shall have 10 days thereafter to submit an answering brief or memorandum. The court, at its option, may decide the case on the briefs submitted or it may set the matter for oral argument. If the appellants fail to timely file a brief, there shall be no oral argument and the assignments of error shall be considered abandoned.
Adopted April 1, 2002, effective April 1, 2002.
Rule 17.4 Allotment of Case
When lodged, the appeal shall be allotted according to the district’s method of random allotment.
Adopted April 1, 2002, effective April 1, 2002.
Rule 17.5 Minute Entry
Within fifteen days after the reviewing court renders judgment, the clerk of the reviewing court will mail a certified copy of the minute entry reflecting the reviewing court's judgment to:
(1) the judge and the clerk of the court of limited jurisdiction; and
(2) the parties or their counsel of record.
Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003, effective July 1, 2003.
Chapter 18 ARRAIGNMENT AND PLEAS
Rule 18.0 Waiver of Formal Arraignment
A defendant in a non-capital felony case may waive formal arraignment and enter a plea of not guilty without appearing in person. The motion must be in writing and must comply substantially with the form in Appendix 17.
Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003; effective July 1, 2003.
Comment
See La. Code Crim. Proc. art. 553.
Rule 18.1 Appearance by Audio-Visual Transmission
The court may authorize an incarcerated defendant in a non-capital case to appear for arraignment and enter a plea by way of simultaneous transmission through audio-visual electronic equipment.
Adopted April 1, 2002, effective April 1, 2002.
Comment
See La. Code Crim. Proc. Art 551.
Chapter 19 SIMULTANEOUS PEREMPTORY CHALLENGES
Rule 19.0 Simultaneous Peremptory Challenges
As authorized by La. Code of Crim. Proc. art. 788, a system of simultaneous exercise of peremptory challenges is hereby adopted for those district courts shown in Appendix 18. At the conclusion of the examination of prospective jurors as provided in La. Code of Crim. Proc. art. 786, those prospective jurors who have not been excused for cause shall be tendered to the state and the defendant or defendants for simultaneous exercise of peremptory challenge in writing. State and defense challenges of same prospective juror(s), will be considered an exercise of a challenge by both the state and the defense.
Adopted April 1, 2002, effective April 1, 2002.
Chapter 20 WITHDRAWAL AS COUNSEL OF RECORD
Rule 20.0 Withdrawal of Counsel
All motions by defense counsel to be relieved as counsel of record shall be heard contradictorily with the accused and the state present. Ex parte motions to withdraw shall only be heard for good cause shown.
Adopted April 1, 2002, effective April 1, 2002; amended November 3, 2004, effective January 1, 2005.
Chapter 21 NOTICE TO STATE OF POST CONVICTION RELIEF PROCEEDINGS
Rule 21.0 Clerk Shall Notice State of Post Conviction Relief Proceedings
On an application for post conviction relief, the clerk shall give notice to all parties upon the entry of an order, ruling or judgement. The clerk shall also give notice to the state of any order to respond to a defendant’s application for post conviction relief, and of any ruling rendered after any motion has been taken under advisement by the court.
Adopted April 1, 2002, effective April 1, 2002.
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