RULES OF SUPREME COURT OF LOUISIANA
PART A. PRACTICE AND PROCEDURE
Section 1. An application for rehearing must be filed with the Clerk, along with the filing fee set forth in Rule IV, on or before the fourteenth calendar day after the mailing of the notice of judgment, and no extension of time therefor will be granted. Nine copies of the application shall be filed with the original. A copy of the application shall be mailed or delivered to opposing counsel. [Amended effective July 1, 2013]
Section 2.An application for rehearing properly mailed on or before the last day of the delay shall be deemed timely filed. If the application is received by mail on the first legal day following the expiration of the delay, there shall be a rebuttable presumption that it was timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or by official receipt or certificate from the United States Postal Service, or bonafide commercial mail services such as Federal Express or United Parcel Service, made at the time of mailing which indicates the date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label from an Automated Postal Center, shall not be used to establish timeliness.
Applications forwarded by private delivery or courier service shall be deemed timely filed only if received by the clerk on or before the last day of the delay for filing.
[Amended effective November 16, 2015]
Section 3. If the applicant
for rehearing desires further time for filing of brief in support of his application,
he shall request additional time in his application and the court may grant
or refuse such delay in its discretion.
Section 4. When a rehearing
is granted, the case may be specially fixed for argument. When called, the case
may be argued orally, on the briefs already filed, with such additional or supplemental
briefs as the parties may see fit to file before the argument and resubmission
of the case on rehearing. When a rehearing is granted, the court may order it
submitted on the briefs previously filed and such supplemental briefs as the
parties may wish to file.
Section 5. When a case
has been decided on rehearing, another application for rehearing will not be
considered unless the applicant has not theretofore applied for and been granted
a rehearing or unless the court, in deciding the case on rehearing, has expressly
reserved to the unsuccessful party or parties the right to apply for another
Section 6. An application for rehearing will not be considered when the court has merely granted or denied an application for a writ of certiorari or a remedial or other supervisory writ, or when the judgment of this court is merely overruling a motion to dismiss an appeal or a motion to recall or rescind a rule nisi, or when, for any reason, the judgment has not finally disposed of the case in this court, or when an election case has been decided as provided by Rule X, Section 5(c).