Rule I - Supreme Court Rules - Louisiana Supreme Court

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<h3 style="text-align:center;">RULES OF SUPREME COURT OF LOUISIANA </h3><h4 style="text-align:center;">Part A. Practice and Procedure </h4><h4>RULE I. GENERAL FILING AND CONFIDENTIALITY REQUIREMENTS</h4>Section 1. General Filing RequirementsA.&nbsp;&nbsp;&nbsp; The requirements set forth below apply to all filings submitted to the Supreme Court of Louisiana. Attorneys and self-represented litigants shall also consult the specific filing-type requirements contained in the subsequent Supreme Court of Louisiana Rules. The Clerk of Court shall not accept any filing that is not in compliance with all applicable Rules. An applicant whose filing is rejected shall have seven (7) days from the date of rejection to submit a compliant pleading or document, accompanied by the filing fee prescribed in Rule II. A compliant refiled document shall retain the date and time of the original filing.B.&nbsp;&nbsp;&nbsp; Pursuant to La. Code Civ. Proc. art. 253(B)(2) &amp; (3) and La. Code Crim. Proc. art. 14.1(B), all filings filed by an attorney licensed in the State of Louisiana and in good standing with the Supreme Court of Louisiana shall only be filed in person in paper form or transmitted electronically. Filings by all other litigants may only be mailed or hand-delivered. No filings shall be submitted by facsimile transmission or email.C.&nbsp;&nbsp;&nbsp; All filings submitted in paper form shall be filed in original and duplicate with the Clerk of Court and must be accompanied by the appropriate filing fee as set forth in Rule II. To the extent practicable, the original and duplicate filings shall be prepared on white, legal-size paper. With the exception of matters that are customarily indented, margins of at least &frac34; inch, but no more than 1 &frac14; inches, shall be maintained on the left, right and bottom of all pages. Margins of at least 1 &frac12; inches, but no more than 2 inches, shall be maintained at the top of each page. Filings shall be bound in at least one place along the top margin (metal fasteners or staples are preferred). No part of the text shall be obscured by the binding. The text shall be double-spaced. No less than 12-point typeface, but no more than 14-point typeface, shall be used. The pages in the filing shall be consecutively numbered, except that exhibits and attachments may be indexed and tabbed on the right side of the page.D.&nbsp;&nbsp;&nbsp; All filings shall state on the front cover or the first page the following: 1.&nbsp;&nbsp;&nbsp; the words, SUPREME COURT OF LOUISIANA; 2.&nbsp;&nbsp;&nbsp; the docket number of the case in this Court, once assigned by the Clerk of Court; 3.&nbsp;&nbsp;&nbsp; the title of the case as it appears on the docket of this Court; 4.&nbsp;&nbsp;&nbsp; the name or title of the court and the name of the parish from which the case originated, a statement whether the filing is an appeal or in response to a writ, and the name of the lower court judge who rendered the adverse ruling (for example: "Appeal from the Thirty-Fifth Judicial District Court, Parish of Grant, John Smith, District Judge", or "Writ of Review to the Court of Appeal, Third Circuit, Parish of Grant"); and 5.&nbsp;&nbsp;&nbsp; a statement showing on whose behalf the filing is submitted, and whether as plaintiff, defendant, intervenor, amicus curiae, or otherwise, and whether as appellant, appellee, applicant, petitioner, relator or respondent, and whether the filing is original or supplemental, and whether in support of or in opposition to a writ, motion, rehearing, or otherwise, or on the merits. In all criminal matters, the inmate&rsquo;s Louisiana Department of Corrections identification number shall be listed on the cover page of the filing.E.&nbsp;&nbsp;&nbsp; Neither the Clerk of Court&rsquo;s Office nor its electronic filing portal provides formal service or notice to any party in any case. Accordingly, it is the filer&rsquo;s obligation to transmit, mail or deliver a copy of the filing to all counsel and all unrepresented parties. When filing a writ application in accordance with Rule X, the filer shall also transmit, mail or deliver a copy of the writ application to the lower court judge. In any case involving a ruling of a court of appeal, a copy of the writ application to this Court shall be simultaneously filed with the clerk of that court of appeal, which copy need only include the memorandum directed to this Court.F.&nbsp;&nbsp;&nbsp; All filings shall be signed by the applicant or the applicant's attorney of record, who shall verify the allegations of the application and certify that a copy of the application has been transmitted, mailed or delivered to all other counsel and unrepresented parties. The names, physical addresses, email addresses, and cellular numbers of all counsel and unrepresented parties involved in the proceeding, in addition to the names of any party each counsel represents, shall be listed in the verification or in an attachment thereto.G.&nbsp;&nbsp;&nbsp; If more than one attorney represents a party, one attorney shall be designated in the first pleading filed on behalf of that party as "Lead Counsel." This attorney may designate other enrolled counsel to sign pleadings. All notices and communications shall be directed to Lead Counsel. The designation of &ldquo;Lead Counsel&rdquo; may be changed at any time by ex parte motion.H.&nbsp;&nbsp;&nbsp; Exhibits containing digital media shall be submitted on two (2) flash drives, constituting an original and duplicate, and conform to the electronic filing requirements located in Section 2 of this Rule. Flash drives shall be filed in durable, clearly labeled envelopes. The media files uploaded to the flash drive must be clearly titled to reflect the content of the submission. The contents of the flash drive shall be indexed within the related filing or in a separate index simultaneously submitted with the flash drive.Section 2. General Electronic Filing Requirements [additionally, see Rule XLII]A.&nbsp;&nbsp;&nbsp; The Supreme Court of Louisiana shall provide technical support for its electronic filing portal during normal business hours. The failure of technical support to resolve a technical issue arising on the user&rsquo;s side shall not be considered in determining the timeliness of any electronic filing. B.&nbsp;&nbsp;&nbsp; An electronically filed document shall be considered timely filed if the electronic filing process is completed through the electronic filing portal at any time before 12:00 AM, Midnight, Central Time on or before the date on which the filing is due, unless another specific time is mandated by order, rule, or statute. In the event an electronic filing is untimely due to a technical failure, the attorney may seek relief from the Court only after the filing has been properly submitted in compliance with all applicable rules. Relief shall be requested by motion setting forth the nature and circumstances of the technical failure.C.&nbsp;&nbsp;&nbsp; Electronic signatures on electronically filed documents must include the notation, &ldquo;/s/&rdquo;, and the attorney&rsquo;s name in the space where the attorney&rsquo;s signature would otherwise appear on the electronically filed document. Signature(s) on an electronically filed document shall have the same legal effect as any signature(s) on a conventionally filed document.D.&nbsp;&nbsp;&nbsp; Electronically filed documents shall be submitted in PDF-A format and shall not exceed 250 pages or 175 megabytes. Documents exceeding these limits may be divided into multiple files and submitted in compliance with this Rule.E.&nbsp;&nbsp;&nbsp; Filings that contain digital media shall be submitted in either .MP3, .MP4, .JPG, or .WAV format types.F.&nbsp;&nbsp;&nbsp; The Clerk of Court&rsquo;s Office shall not accept digital media that is encrypted or that requires third-party software installation.G.&nbsp;&nbsp;&nbsp; Digital media that cannot be electronically filed shall be mailed or hand-delivered to the Clerk of Court&rsquo;s Office on two (2) flash drives, constituting an original and duplicate. Flash drives shall be filed in durable, clearly labeled envelopes. The digital media files shall be clearly labeled and indexed to reflect the contents of the submission. H.&nbsp;&nbsp;&nbsp; Paper copies of electronically filed documents are not required and shall not be submitted unless requested by the Court.Section 3. Timeliness RequirementsA.&nbsp;&nbsp;&nbsp; Mailed Filings by Self-Represented Litigants1.&nbsp;&nbsp;&nbsp; Pursuant to La. Code Civ. Proc. art. 253(B)(2) &amp; (3) and La. Code Crim. Proc. art. 14.1(B), attorneys licensed in the State of Louisiana and in good standing with the Supreme Court of Louisiana shall not file by United States Postal Service mail delivery or commercial mail service delivery such as Federal Express or United Parcel Service. 2.&nbsp;&nbsp;&nbsp; Self-represented litigants may use mail services for filings. Properly mailed submissions shall be deemed timely filed if mailed on or before the last day of the delay for filing. If the filing is received by mail on the first legal day following the expiration of the legal deadline, there shall be a rebuttable presumption that it was timely filed. In all cases where the presumption does not apply, the date reflecting timeliness of the mailing shall be shown only by an official postmark, cancellation stamp, official receipt, or certificate from the United States Postal Service or a commercial mail service, such as Federal Express or United Parcel Service. Any other date stamp, including but not limited to, a private commercial mail meter stamp or automated postal label, shall not be used to establish timeliness.B.&nbsp;&nbsp;&nbsp; Writ Applications [additionally, see Rule X]1.&nbsp;&nbsp;&nbsp; An application seeking review of a judgment of the court of appeal shall be made within thirty (30) days of the mailing of the notice of the original judgment of the court of appeal. However, if a timely application for rehearing has been filed in the court of appeal in those instances where a rehearing is allowed, the application shall be made within thirty (30) days of the mailing of the notice of denial of rehearing or the judgment on rehearing. When the court of appeal considers a request for reconsideration of the court&rsquo;s denial of a writ application, the thirty-day (30) period for seeking review in this Court shall commence on the date of the notice of the writ denial. No extension of these deadlines shall be granted. 2.&nbsp;&nbsp;&nbsp; Pursuant to La. Code Civ. Proc. art. 2166(D), when a party files a timely application for a writ of certiorari to the Supreme Court of Louisiana within the delays provided, any other party may also apply for certiorari within thirty (30) days of the transmission of the notice of judgment of the court of appeal, or within ten (10) days of the transmission by the Supreme Court Clerk of the acknowledgment letter of the first application for certiorari in the case, whichever is later. 3.&nbsp;&nbsp;&nbsp; An application seeking expedited review of a judgment of the court of appeal shall be filed not more than ten (10) days after the mailing of notice of judgment by the court of appeal. Failure to comply with this rule without good cause may be grounds for denial of expedited review (with review of the merits in regular course if the application is otherwise timely) and/or imposition of sanctions against the party seeking expedited review.Official Comment Applications requesting expedited review place a considerable burden on the resources of the Court and its staff. The Court&rsquo;s ability to address such applications in an orderly fashion can be significantly impaired when applicants elect to wait until the last day of the thirty (30) day period following the court of appeal&rsquo;s disposition to request expedited attention in this Court. Although this Rule does not change the general thirty (30) day filing period set forth in La. Code Civ. Proc. art. 2166, it makes it clear that any request for expedited review must be made promptly. If an application seeking priority review is not filed within at least ten (10) days following the court of appeal&rsquo;s disposition and the applicant fails to show good cause for the delay, the Court retains the discretion to summarily deny the request for priority review and/or impose other sanctions pursuant to La. Code Civ. Proc. art. 2164. &nbsp;C.&nbsp;&nbsp;&nbsp; Writ Application Oppositions and Reply to Oppositions [additionally, see Rule X]1.&nbsp;&nbsp;&nbsp; An opposition to a writ application must be filed within thirty (30) days of the date of the acknowledgement letter issued by this Court. No extension of this deadline shall be granted unless the party, by motion, can demonstrate through clear and convincing evidence that the delay was the result of circumstances beyond its control or for other extraordinary circumstances. 2.&nbsp;&nbsp;&nbsp; The Court does not encourage the filing of reply memoranda. If a party contends that the filing of a reply is essential to the Court&rsquo;s consideration of the writ application, a reply memorandum may be filed in response to an opposition. The reply memorandum must be filed within ten (10) days of the filing of the opposition and shall be accompanied by the filing fee set forth in Rule II.D.&nbsp;&nbsp;&nbsp; Appeals [additionally, see Rule X] When an application is sought to review the action or inaction of a lower court in (a) a case in which the court of appeal does not have supervisory jurisdiction, or (b) a case in which the court of appeal has supervisory jurisdiction but the applicant seeks to file an application directly or simultaneously in this Court (which application shall not ordinarily be considered by this Court absent extraordinary circumstances), the lower court shall fix a reasonable time within which the application shall be filed in this Court, and the lower court may in the court's discretion stay further proceedings. Upon proper showing, the lower court or this Court may by order extend the time for such filing. Any application not filed in this Court within the time so fixed or extended may not be considered, unless the party, by motion, can demonstrate through clear and convincing evidence that the delay was the result of circumstances beyond its control or for other extraordinary circumstances. E.&nbsp;&nbsp;&nbsp; Motions [additionally, see Rule V] Oppositions to motions must be filed within seven (7) days of the filing of the motion. However, if priority consideration or a stay order is requested, the opposition to the motion must be filed immediately upon receipt of a copy of the motion.F.&nbsp;&nbsp;&nbsp; Briefs [additionally, see Rule IV]1.&nbsp;&nbsp;&nbsp; In all cases in which a writ application has been granted, except those specially assigned for arguments, the brief of the applicant or relator shall not be filed later than twenty-five (25) days after the date that the writ was granted, and the brief of the respondent shall not be filed later than forty-five (45) days after the date that the writ was granted. 2.&nbsp;&nbsp;&nbsp; In all appeals, the brief of the appellant shall not be filed later than thirty (30) days after the lodging of the record in this Court and the brief of the appellee shall not be filed later than sixty (60) days after the lodging of the record in this Court. 3.&nbsp;&nbsp;&nbsp; The briefing schedule for disciplinary proceedings shall be governed by Supreme Court Rule XIX, Section 11(G). 4.&nbsp;&nbsp;&nbsp;&nbsp; All briefs filed in this Court shall be accompanied by a certificate of service showing that a copy was transmitted, delivered or mailed to all opposing counsel and self-represented litigants.G.&nbsp;&nbsp;&nbsp; Elections An application for a writ to review a decision of the court of appeal on an objection to a candidacy or on an election contest, shall be made, as provided by La. R.S. 18:1409 and La. R.S. 18:1413, within forty-eight (48) hours, including Sundays and other legal holidays, after judgment is rendered by the court of appeal. However, if the forty-eighth (48) hour falls on a Sunday or other legal holiday, then noon of the next legal day shall be deemed to be the expiration of the time interval.H.&nbsp;&nbsp;&nbsp; Rehearing Applications and Oppositions to Rehearing Applications [additionally, see Rule IX]1.&nbsp;&nbsp;&nbsp; An application for rehearing shall be filed on or before the fourteenth (14) calendar day after the mailing of the notice of judgment. No extension of this deadline shall be granted. 2.&nbsp;&nbsp;&nbsp; Oppositions to an application for rehearing must be filed within seven (7) days of the date of the acknowledgment letter issued by this Court. No extension of this deadline shall be granted. Section 4. Confidentiality RequirementsA.&nbsp;&nbsp;&nbsp; Minor Children The identity of all minor children subject to any and all proceedings in this Court related to the protection of children, whether civil, criminal, or otherwise, shall remain confidential in all filings. The filer shall use initials in place of the name of any minor child.B.&nbsp;&nbsp;&nbsp; Protected Categories of Information The following types of information are deemed confidential and shall not be disclosed in filings or made available for public inspection:1.&nbsp;&nbsp;&nbsp; full names of minors, victims of abuse, sex offenses, and human trafficking&ndash;related offenses; 2.&nbsp;&nbsp;&nbsp; records in juvenile and children&rsquo;s cases; 3.&nbsp;&nbsp;&nbsp; medical records; 4.&nbsp;&nbsp;&nbsp; student records; 5.&nbsp;&nbsp;&nbsp; financial records, including bank records or statements; 6.&nbsp;&nbsp;&nbsp; tax return information; and 7.&nbsp;&nbsp;&nbsp; any other record or information otherwise declared confidential by law or court order.C.&nbsp;&nbsp;&nbsp; Filer&rsquo;s Responsibility The filer is responsible for ensuring that private information is not included in filings. No filing shall include:1.&nbsp;&nbsp;&nbsp; full names of minors, victims of abuse, sex offenses, and human trafficking&ndash;related offenses; 2.&nbsp;&nbsp;&nbsp; the first five digits of any social security number; 3.&nbsp;&nbsp;&nbsp; tax identification numbers; 4.&nbsp;&nbsp;&nbsp; state identification numbers; 5.&nbsp;&nbsp;&nbsp; driver&rsquo;s license numbers; 6.&nbsp;&nbsp;&nbsp; financial account numbers; 7.&nbsp;&nbsp;&nbsp; full dates of birth; and 8.&nbsp;&nbsp;&nbsp; any information protected from disclosure by state or federal law.D.&nbsp;&nbsp;&nbsp; Methods of Protection The filer shall protect confidential information in all filings submitted to the Court. A filer shall indicate confidential information on their filing sheet and either:1.&nbsp;&nbsp;&nbsp; redact confidential information; 2.&nbsp;&nbsp;&nbsp; file a motion for leave to file documents under seal; or 3.&nbsp;&nbsp;&nbsp; clearly mark the confidential portions of the filing to alert the Court.E.&nbsp;&nbsp;&nbsp; Enforcement Failure to comply with this Rule may result in the Court taking corrective action, including but not limited to:1.&nbsp;&nbsp;&nbsp; sealing the noncompliant filing; 2.&nbsp;&nbsp;&nbsp; ordering the submission of a corrected filing; 3.&nbsp;&nbsp;&nbsp; imposing sanctions against the filer; and/or 4.&nbsp;&nbsp;&nbsp; any other relief deemed appropriate by the Court.&nbsp;&nbsp;
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