Rule 1: Fees
A. Pursuant to amendments to La. R.S. 13:352 which became effective on July 1, 2015, the Fifth Circuit adopts the fee schedule applicable to all civil filings in this Court. This schedule may be updated periodically according to law.
B. 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 Oct. 16, 2001; July 1, 2006.
C. The fee for a disc of the district court appellate record will be thirty-five dollars ($35.00).
Adopted effective October 1, 2015.
Rule 2: Copies
Effective January 1, 2016, all filings other than filings transmitted electronically shall be the original and three copies.
Rule 3: Deposit for Costs of Mailing
Repealed on September 22, 2015
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.
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.
Rule 7: Electronic Document Filing and Notification
Waiver of Service by Mail. Registration with this Court's Electronic Court System constitutes (1) waiver of the right to receive notice by first-class mail and the right to service by first-class mail or personal service and (2) consent to receive notice electronically and consent to electronic service. Waiver of service and notice by first-class or certified mail applies, but is not limited, to docketing information, orders, abandonment letters and writ grant decisions.
Effective April 24, 2014
Rule 7-1: Fee for Electronic Filing
Convenience Fee. A convenience fee of $35.00 will be imposed for each document or pleading which is electronically filed.
Effective May 1, 2015
Rule 8: Electronic Signatures
Electronic Signatures. The judges of this Court are authorized to use electronic signatures on all court documents in accordance with law.
Effective May 1, 2015
Rule 9: Oppositions to Writ Applications must comply with Uniform Rules, Courts of Appeal, Rule 4-5(B).
A. Any opposition to an original application for writs shall be signed by the respondent or counsel of record, and shall contain an affidavit verifying the allegations of the opposition and certifying that a copy has been transmitted or mailed to the respondent judge and to opposing counsel, and to any opposing party not represented by counsel. The affidavit shall list all parties and all counsel, indicating the parties each represents. The affidavit also shall list the addresses and telephone numbers (if available) of the respondent judge, opposing counsel and any opposing party not represented by counsel.
B. The original and duplicates shall have the pages of the opposition and attached documents and exhibits consecutively numbered. The entire submission shall be hole punched and bound in two places along the top margin, preferably with 4-1/4 inch metal file fasteners such that no part of the text on any page is obscured, and in sections consisting of no more than 250 pages. No tabs shall be used in lieu of consecutive page numbering and no tabs or extensions shall be placed outside the paper dimensions. Documents within the bound submission shall not contain any staples, clips or other fasteners.
C. All oppositions to writ applications shall contain appropriate and concise responses and arguments to the contentions and arguments made in the writ application and shall conform to the requirements for the writ application set forth in Uniform Rules–Courts of Appeal, Rule 4-5, except that duplicate copies of documents contained in the writ application need not be attached to the opposition, and that the following need not be included in the opposition unless the respondent is dissatisfied with the relator’s statements:
- the jurisdictional statement, Rule 4-5, Subsection C(2);
- the statement of the case, Rule 4-5, Subsection C(3);
- the issues and questions of law presented for determination by the court, Rule 4-5, Subsection C(4); and
- the assignments or specifications of errors, Rule 4-5, Subsection C(5).
D. Oppositions to writ applications filed electronically with this Court shall be in accordance with the rules and procedures applicable to electronic filings, and shall be in compliance with the provisions of this Rule where applicable.
Effective July 1, 2015
Rule 10: Returning of the Record
The appellate record must be returned with the appellate brief in order for the brief to be considered timely filed. When a brief is filed electronically, the record must be returned on the day the brief is filed or before close of business the following day for the brief to be accepted and considered timely filed. Failure to return the record timely may result in rejection of the filing, imposition of late fees and forfeiture of oral argument. See, Uniform Rules-Courts of Appeal, Rule 2-12.12.
Adopted effective September 22, 2015
Rule 11: Electronic Audio and Video Evidence.
1. All electronic audio and video evidence submitted to the Court shall be in the Windows Media Audio (WMA) or Windows Media Video (WMV) format to ensure that the evidence can be played on the default Windows Media Player.
2. In the event that audio or video evidence cannot be converted to the required formats, the software or codec required to view that evidence must be provided. This must include a description of the software or codec and instructions on how to install and use the software. Counsel for the parties must also inform the Clerk of Court in writing of these circumstances within five (5) days of the lodging of the record.
3. The following information must be provided with all submitted electronic evidence:
- Title of The file
- Brief Description of what is contained in the file
- Length of the file
- Number of files
- File format
- Guarantee of no virus
- The anti-virus software that was used to scan the files and the date of the virus definitions
It is the exclusive responsibility of counsel for all parties to ensure that all electronic audio and video evidence works properly before submitting it to the Court.
Adopted by the Court En Banc on May 10, 2018, effective on June 1, 2018.