RULES OF SUPREME COURT OF LOUISIANA

PART A. PRACTICE AND PROCEDURE

RULE V. MOTIONS AND OTHER PLEADINGS; MOTIONS TO DISMISS; MOTIONS TO SEAL

Section 1. Motions to be made in open court that relate to a matter to be orally argued that day shall be made before the case is called for argument or submission. [amended effective July 17, 2007]


Section 2. All motions or pleadings (such as an answer to the appeal) filed originally in this court shall bear the number and the title of the case, and shall be accompanied by the filing fee set forth in Rule IV. Eight copies shall be filed with the original. Unless filed in open court, they shall be filed in the office of the Clerk of Court with a certificate that they have been transmitted, mailed or delivered to the opposing counsel. [Amended effective July 1, 2013]


Section 3. A motion to dismiss proceedings shall be submitted to the court by the clerk without oral argument on the tenth day following that on which the motion is filed, provided that the court may, at its discretion, fix any such motion for oral argument or may refer the motion to the argument on the merits. The mover to dismiss may file a brief with his motion, and the opponent(s) shall file opposing brief, if any, within seven days of the filing, unless the motion to dismiss is set down for oral argument or referred to the merits.


Section 4. Any appeal or other pending review proceedings may be summarily dismissed by order of the court where there has been a joint motion filed by all interested parties or their attorneys which shall set forth the reason for the dismissal applied for and is supported by appropriate affidavits that the facts alleged in the motion are true and correct. In the absence of a timely answer to the appeal or other formal action by an opponent to amend or modify the judgment of which review is sought, the appellant, applicant, or relator alone may, by formal motion to dismiss, on leave of court, forthwith abandon his appeal or other proceeding and obtain its dismissal.

Section 5. Motions to Seal. When a Motion to Seal is filed, the motion and the documents, subject of motion, will be filed under seal and will remain under seal until the court takes action on the motion. If the motion is granted, the order will become public and the motion and documents will remain under seal. If the motion is denied, the motion and documents will be available to the public unless the court order allows the filing party to retrieve the motion and documents. Motions and documents filed under seal will only be viewable by authorized court personnel unless otherwise indicated in the order to seal.
[added effective July 17, 2007]