Rule X - 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 X. WRIT APPLICATIONS</h4>Section 1. Writ Grant Considerations A.&nbsp;&nbsp;&nbsp; The grant or denial of an application for writs rests within the sound judicial discretion of this Court. The following, while neither controlling nor fully measuring the Court's discretion, indicate the character of the reasons that will be considered, one or more of which must ordinarily be present in order for an application to be granted:1.&nbsp;&nbsp;&nbsp; Conflicting Decisions. The decision of a court of appeal conflicts with a decision of another court of appeal, this Court, or the Supreme Court of the United States, on the same legal issue. 2.&nbsp;&nbsp;&nbsp; Significant Unresolved Issues of Law. A court of appeal has decided, or sanctioned a lower court's decision of, a significant issue of law which has not been, but should be, resolved by this Court. 3.&nbsp;&nbsp;&nbsp; Overruling or Modification of Controlling Precedents. Although the decision of the court of appeal is in accord with the controlling precedents of this Court, the controlling precedents should be overruled or substantially modified. 4.&nbsp;&nbsp;&nbsp; Erroneous Interpretation or Application of Constitution or Laws. A court of appeal has erroneously interpreted or applied the constitution or a law of this state or the United States and the decision will cause material injustice or significantly affect the public interest. 5.&nbsp;&nbsp;&nbsp; Gross Departure from Proper Judicial Proceedings. The court of appeal has so far departed from proper judicial proceedings or so abused its powers, or sanctioned such a departure or abuse by a lower court, as to call for an exercise of this Court's supervisory authority. B.&nbsp;&nbsp;&nbsp; The application for writs shall address, in concise fashion, why the case is appropriate for review under the considerations stated in subsection (A) above, in accordance with Sections 3 or 4 of this Rule. Section 2. Writ Application Filing Requirements A.&nbsp;&nbsp;&nbsp; All writ applications submitted in this Court shall include a completed writ application filing sheet. The completed writ application filing sheet should follow the cover sheet in the submission. The writ application filing sheets are published in the Appendices to the Rules of the Supreme Court of Louisiana.B.&nbsp;&nbsp;&nbsp; Applicants requesting priority consideration or a stay order must certify that all counsel and unrepresented parties have been notified by telephone or other equally prompt means of communication that the writ application has been or is about to be filed in this Court. The application must be served on all parties by a means equal to the means used to effect filing in this Court. (If filing in this Court is by overnight mail, the same means shall be sufficient for service on all parties at interest. If filing is by hand to this Court, service must be made on all parties at interest by an equally prompt method.) 1.&nbsp;&nbsp;&nbsp; All writ applications seeking priority consideration or a stay order shall include, in addition to a completed writ application filing sheet, a completed civil or criminal priority filing sheet. The civil or criminal priority filing sheet shall precede the writ application filing sheet in the writ application. The civil and criminal priority filing sheets are published in the Appendices to the Rules of the Supreme Court of Louisiana. 2.&nbsp;&nbsp;&nbsp; A separate motion and proposed order must be filed when requesting priority consideration or a stay order. Such motions are subject to the filing fees prescribed in Rule II. C.&nbsp;&nbsp;&nbsp; The applicant shall immediately notify the Court if the need for supervisory review changes due to any circumstance. For filings made simultaneously with the court of appeal, counsel shall immediately notify this Court of any action taken by the court of appeal. Failure to notify the Court under these circumstances shall subject the applicant to punishment for contempt of the authority of the Court. Section 3. Civil Writ Applications A.&nbsp;&nbsp;&nbsp; In civil cases, a writ application shall be accompanied by the filing fee set forth in La. R.S. 13:126 and shall contain:1.&nbsp;&nbsp;&nbsp; An index of all items contained therein, including the required lower court judgments as stated in Section 3(E) of this Rule and other pleadings or documents as stated in Section 3(F) of this Rule; 2.&nbsp;&nbsp;&nbsp; A statement of which of the considerations set forth in Section 1(A) of this Rule is present in the case; 3.&nbsp;&nbsp;&nbsp; A memorandum, not exceeding twenty-five (25) pages in length, containing:a.&nbsp;&nbsp;&nbsp; A concise statement of the case summarizing the nature of the case and prior proceedings; b.&nbsp;&nbsp;&nbsp; An assignment of errors in the opinion, judgment, ruling or order complained of; c.&nbsp;&nbsp;&nbsp; A summary of the argument which should be a succinct but accurate and clear condensation of the argument actually made within the body of the memorandum; it should not be a mere repetition of the headings under which the argument is arranged; and d.&nbsp;&nbsp;&nbsp; An argument of each assignment of error on the facts and law, addressing particularly why the case is appropriate for review under the considerations stated in Section 1(A) of this Rule.4.&nbsp;&nbsp;&nbsp; A verification, as required by Rule I, Section 1(F); and 5.&nbsp;&nbsp;&nbsp; The dated lower court judgment, order, or ruling, including any written or transcribed reasons for judgment, and the dated court of appeal&rsquo;s order and opinion, including any rulings or opinions on rehearing or applications, shall be attached to the writ application and properly indexed. B.&nbsp;&nbsp;&nbsp; If it is essential to demonstrate why the application should be granted, an appendix containing other pleadings or documents may be filed; however, briefs previously filed in the court of appeal shall not be included. The appendix shall be bound separately from the writ application and shall not exceed twenty-five (25) pages. It shall be filed in original only, with an index reflecting the contents bound at the beginning of the appendix. If the page limit is to be exceeded, a motion requesting leave of Court must be filed simultaneously with the writ application. Such motions are subject to the filing fees prescribed in Rule II. C.&nbsp;&nbsp;&nbsp; The Court may, sua sponte, require the application be supplemented with any missing item or any other documentation, information, or materials deemed necessary for the Court&rsquo;s consideration of the matter.&nbsp; &nbsp; D.&nbsp;&nbsp;&nbsp; Applications in cases where an application has been previously filed and is pending may refer to the documents or exhibits attached to the previous application without the necessity of submitting additional copies. &nbsp; Official Comments Excessive and irrelevant pleadings and documents included with writ applications are burdensome to the Court and are strongly discouraged. In cases where the applicant believes the inclusion of exhibits is absolutely necessary to his or her argument, the applicant should limit the scope of those materials to ensure they relate to the subject matter of the application. For example, if an applicant attaches a deposition, it should be limited to those pages which clearly relate to the subject matter of the application. Ordinarily, there is no need to attach pleadings filed in the lower courts, such as petitions, answers, exceptions, appellate briefs, etc. In no event shall the applicant file more than twenty-five (25) pages of other pleadings or documents. The filing of condensed deposition or trial transcripts, reducing multi-page exhibits to one page, and other artifices designed to circumvent the twenty-five (25) page limit are prohibited and shall be grounds for rejecting the other pleadings and documents. If the Court determines additional materials are necessary for its review, the Court may request supplementation. &nbsp; Section 4. Criminal Writ Applications In criminal cases, a writ application shall contain: A.&nbsp;&nbsp;&nbsp; An index of all items contained therein, including the required lower court judgments as stated in Section 4(E) of this Rule and other pleadings or documents as stated in Section 4(F) of this Rule;B.&nbsp;&nbsp;&nbsp; A statement of which of the considerations set forth in Section 1(a) of this Rule is present in the case; C.&nbsp;&nbsp;&nbsp; A memorandum, not exceeding twenty-five (25) pages, or in a capital post-conviction case, not exceeding fifty (50) pages, providing: 1.&nbsp;&nbsp;&nbsp; A concise statement of the case summarizing the nature of the case and prior proceedings; 2.&nbsp;&nbsp;&nbsp; An assignment of errors in the opinion, judgment, ruling or order complained of; 3.&nbsp;&nbsp;&nbsp; A summary of the argument which should be a succinct but accurate and clear condensation of the argument actually made within the body of the memorandum; it should not be a mere repetition of the headings under which the argument is arranged; and 4.&nbsp;&nbsp;&nbsp; An argument of each assignment of error on the facts and law, addressing particularly why the case is appropriate for review under the considerations stated in Section 1(A) of this Rule.D.&nbsp;&nbsp;&nbsp; A verification, as required by Rule I, Section 1(F); E.&nbsp;&nbsp;&nbsp; A copy of the dated judgment, order or ruling and opinion or reasons for judgment, if any, of the court of appeal, including rulings and opinions on rehearing or applications shall be attached to the writ application and properly indexed; and F.&nbsp;&nbsp;&nbsp; An appendix, separately bound from the writ application, containing: 1.&nbsp;&nbsp;&nbsp; A copy of the charging document filed in the court of original jurisdiction, if specifically relevant to the writ application; 2.&nbsp;&nbsp;&nbsp; A copy of the minutes of the proceedings in the lower court, if specifically relevant to the judgment or order under review; 3.&nbsp;&nbsp;&nbsp; Copies of briefs of all parties filed in the court of appeal relevant to the issues raised by the application; 4.&nbsp;&nbsp;&nbsp; A copy of the order of the trial judge fixing the time for filing the application in this Court, if such be required by Rule I, Section 3, and of any extension thereof, or if a copy is not readily available, an affidavit of the applicant or counsel indicating the contents of the order and explaining why the order is not available; 5.&nbsp;&nbsp;&nbsp; The inclusion of other documents is discouraged, with the exception of transcripts of relevant judicial proceedings. The Court may require the submission of any additional documents or information that it deems useful to its consideration of the application; and 6.&nbsp;&nbsp;&nbsp; Applications in cases where an application has been previously filed and is pending may refer to the documents or exhibits attached to the previous application without the necessity of filing additional copies. The appendix shall be filed in original only, and an index reflecting the contents shall be bound at the beginning of the appendix. G.&nbsp;&nbsp;&nbsp; The Court may, sua sponte, require the application be supplemented with any missing item or any other documentation, information, or materials deemed necessary for the Court&rsquo;s consideration of the matter.&nbsp; &nbsp; Section 5. Opposition to Writ Application Oppositions serve an important purpose in assisting the Court in the exercise of its discretionary jurisdiction. As such, the Court encourages the filing of oppositions. Any party may file and serve an opposition memorandum, setting forth reasons why the application should not be granted. If opposing counsel determines that the applicant has omitted documentation or information material to the issues presented, such omission shall be brought to the Court&rsquo;s attention in the opposition memorandum. Opposing counsel may include the omitted materials in an appendix to the opposition, to the extent available, or otherwise notify the Court of the omission. Upon such notification, the Court may order the applicant to furnish the missing documentation or information in a formal response. The opposition 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. The opposition memorandum should be as brief as possible and must not exceed twenty-five (25) pages in length. The opposition memorandum shall be accompanied by the filing fee set forth in Rule II. Other pleadings or documents shall not be filed with the opposition memorandum, unless their inclusion is essential to demonstrate why the application should not be granted. In the event any other pleadings or documents are filed, they shall be bound separately from the opposition memorandum and shall not exceed twenty-five (25) pages. When the application requests priority consideration or a stay order, any party desiring to oppose such action should file the opposition to such action immediately upon receipt of a copy of the application. Official Comment The Court is cognizant that in many cases, the prior fifteen (15) day opposition deadline was too short for opposing parties to adequately respond to issues raised in the application, which has resulted in the filing of motions for extension of time. While the Court encourages the filing of oppositions, motions for extension can delay consideration and affect the Court&rsquo;s ability to rule upon applications in a timely fashion. To balance these competing concerns, the fifteen (15) day opposition deadline has been increased to thirty (30) days, with the condition that no extension shall be granted. The only exception to this prohibition is for truly exceptional situations where the party can demonstrate through clear and convincing evidence that the inability to file the opposition timely was due to circumstances beyond the party&rsquo;s control. Circumstances within a party&rsquo;s control, such as errors in calendaring the delay or conflicting obligations, shall not constitute a basis for extension under this Rule. &nbsp; Section 6. Reply to Opposition The Court does not encourage the filing of reply memoranda. Nonetheless, any party who avers the filing of a reply is essential to the Court&rsquo;s consideration of the writ application may file and serve on opposing parties a reply memorandum 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. The reply memorandum shall not exceed seven (7) pages in length, inclusive of exhibits and other documents. No response to a reply memorandum shall be allowed. &nbsp; Section 7. Granted Writ Applications A.&nbsp;&nbsp;&nbsp; When a writ has been granted, the record shall be lodged with the Clerk of Court within fourteen (14) days from the grant of the writ of review. The case shall be placed on the calendar for oral arguments and briefs shall be required in accordance with Rule IV, Section 5(A), unless otherwise ordered by the Court. In lieu of filing a brief, the applicant may, within the time prescribed by Rule IV, Section 5(A), file an additional copy of the application (with or without the supporting exhibits) and any memorandum or brief filed in support of the application. B.&nbsp;&nbsp;&nbsp; At the time the writ is granted, the Court may order peremptory relief. A party affected may apply for rehearing within the delay provided by Rule IX and the Court may, with or without application, stay the relief granted to permit consideration of any such application. Section 8. SupplementsA supplement to the writ application shall only be filed if accompanied by a separately bound motion for leave to supplement the writ application. The supplement shall not exceed twenty-five (25) pages. 
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