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LOCAL RULES
LOCAL RULES OF THE FIFTH CIRCUIT COURT OF APPEAL SUPPLEMENTING AND/OR SUPERSEDING
UNIFORM RULES - COURT OF APPEAL
RULE 1. FILING FEES FOR ANSWER TO APPEAL AND MOTION FOR EXTENSION OF TIME
A filing fee in the amount of seventy-two dollars and fifty cents ($72.50) shall
be paid in connection with the filing in this court of an answer to an appeal. A
filing fee of twenty-five dollars ($25.00) shall be paid in connection with the
filing of a motion for an extension of time.
Effective July 1, 2012.
RULE 2. FEE FOR COPIES OF OPINIONS OR PARTS OF THE RECORD
The fee for copies of opinions or parts of the record made by the clerk shall be
two dollars ($2.00) per page.
Adopted effective July 1, 1991; amended effective October 16, 2001; amended effective
July 1, 2006.
RULE 3. DEPOSIT FOR COSTS OF MAILING
In every civil appeal the clerk of the trial court shall collect and forward to
the clerk of the court of appeal, in addition to the filing fee for the appeal,
the sum of ten dollars ($10.00) to defray the cost of mailing notices by the court
of appeal.
Adopted effective July 1, 1991.
RULE 4. UNTIMELY BRIEFS; SANCTIONS
In addition to any other sanctions imposed by court rules for untimely briefs, in
every civil case when the appellant's or appellee's brief is not filed by the date
the brief is due, a fine of One Hundred Dollars ($100.00) shall be imposed and shall
be paid prior to the filing of the brief.
Adopted effective Jan. 1, 1992.
RULE 5. LENGTH OF TIME
The parties shall be allowed a period of time not to exceed 30 minutes, divided
equally between opposing parties, unless additional time is allowed by the court
for sound reason, or the court deems additional time is needed for proper presentation
of the case. Counsel is not required to use all of the allotted time. The time for
argument may be shortened in the discretion of the court. When there is a conflict
of interests between appellants or between appellees, the court will decide upon
the apportionment of the time allowed them for argument, unless they agree upon
the apportionment.
Adopted Oct. 17, 1995, effective Jan. 1, 1996.
RULE 6-1. CRIMINAL PRO SE BRIEFING NOTICE
In all criminal appeals, counsel for the defendant shall complete the pro se briefing
notice (Appendix A) issued by this office and attached to the notice of lodging
and briefing order. Counsel shall attach the original completed pro se briefing
form to a copy of the brief to be filed with this court and mail the notice and
copy of the brief to the defendant. The date of notice and mailing to the defendant
shall not be later than the date the brief is filed with this court.
A copy of the completed form shall also be attached to counsel’s brief and submitted
to this court for filing within the briefing delays established by the clerk of
court. Any brief submitted by counsel will be rejected by the clerk of court if
a copy of the form is not attached to the brief at the time of its submission to
this court or if the form is incomplete.
Adopted Jan. 20, 2009, effective Feb. 1, 2009.
Please click here for a printable
version of the Pro Se Briefing Notice.
RULE 6-2. CRIMINAL CERTIFICATE OF SERVICE-DEFENSE AND PRO SE BRIEFS
All criminal defense briefs filed with this court shall contain a Certificate of
Service, properly setting forth service has been made upon opposing counsel and
the defendant showing how and when such service was accomplished.
All pro se filings with this court shall contain a Certificate of Service indicating
that service has been made on current counsel of record for the defendant, if any,
and counsel for the State showing how and when such service was accomplished.
Any filings submitted without the proper Certificate of Service may be rejected
by the clerk of court and returned to the filing party.
Adopted Jan. 20, 2009, effective Feb. 1, 2009.
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