Rule 1: Fees
A. Pursuant to La. R.S. 13:352, 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. Pursuant to La. R.S. 13:352, in all criminal cases, in all proceedings connected with criminal cases relating to a violation of state law except for bond forfeiture proceedings, and in all appeals taken from sentences imposed for the violation of municipal or parochial ordinances, the entire cost to the clerk shall be three hundred dollars ($300.00).
C. Hard copies shall be one dollar ($1.00) per page.
D. (1) Digital copies of appeal records and supervisory writ applications shall be thirty-five dollars ($35.00) each and, unless obtained through the Court’s online eAccess service, shall be provided on electronic media supplied by the Court. Click here to view fees.
(2) eAccess appeal subscriptions shall be eighty-five dollars ($85.00) per case and eAccess writ subscriptions shall be fifty dollars ($50.00) per case.
(3) Digital copies of all other documents shall be fifty cents ($0.50) per page.
E. Certification of any document shall be two dollars ($2.00) in addition to the copy fee.
F. The shipping and handling fee for the mailing of electronic media shall be ten dollars ($10.00).
Amended effective September 24, 2024.
Rule 2: Copies
A. All filings require only one original. Filings submitted electronically or via facsimile shall be deemed original and do not require hard copies.
B. In accordance with Rule 2-1.1 of the Uniform Rules of the Courts of Appeal, the clerk of the trial court shall prepare a record in electronic form or one certified copy of the original record in hard copy form. A duplicate copy shall not be prepared for lodging in this court.
Amended effective September 24, 2024.
Rule 3: Public Records
A. Louisiana Public Records law, La. R.S. 44:1, et seq., governs all public record requests in the Louisiana Fifth Circuit Court of Appeal.
B. Public record requests shall be submitted to the Clerk of Court’s Office. There are no requirements as to form.
C. Copies of public records may be obtained in hard or digital formats in accordance with the fee schedule set forth in Local Rule 1.
Amended effective July 1, 2022.
Rule 4: Untimely Briefs; Sanctions
In addition to any other sanctions imposed by court rules for untimely briefs, in every civil case, if a party’s original brief or a motion for extension of time is not filed by the date the brief is due, the brief shall be deemed late and shall not be accepted as filed without payment of a fine of One Hundred Dollars ($100.00).
Amended effective December 1, 2022.
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 effective January 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.
Please click
for a printable version of the Pro Se Briefing Notice.
Adopted effective February 1, 2009.
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 effective February 1, 2009.
Rule 7: Electronic Document Filing and Notification
Electronic Filing. Qualified counsel shall be permitted to file documents with the Court by using the Court's electronic filing system. Counsel must agree to the terms of use and comply with the instructions of the Court's eFiling system. Counsel must also comply with all Rules of the Court except as modified by the electronic filing system terms of use or instructions.
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.
Adopted effective April 24, 2014.
Rule 7-1: Fee for Electronic and Fax Filings
Convenience Fee. A convenience fee of $50.00 will be imposed for each document or pleading which is filed electronically or via facsimile.
Amended effective July 1, 2020.
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.
Adopted effective May 1, 2015.
Rule 9: Oppositions to Writ Applications
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.
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. 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 and shall conform to the requirements 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 included 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 shall be in accordance with the rules and procedures applicable to electronic filings.
Adopted effective July 1, 2015.
Rule 9-1: Scope of Supervisory Review
A. The scope of this court’s supervisory review is customarily limited to materials submitted in a writ application and any supplements thereto.
B. If a writ application omits materials required by Rule 4-5 of the Uniform Rules of the Courts of Appeal, the applicant may supplement the writ application, or the panel on its own motion may order supplementation thereof.
C. The court retains discretion to take judicial notice of materials from the official record not contained in a writ application as the court deems necessary.
Adopted effective September 24, 2024.
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
A. 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.
B. 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.
C. The following information must be provided with all submitted electronic evidence:
- Title of the file
- Brief Description of contents
- Length of the file and Number of files
- File format
- Guarantee of no virus and software/definitions date
D. It is the exclusive responsibility of counsel for the party who offered the electronic evidence to ensure compliance.
Amended effective March 21, 2023.
Rule 12: Credit Card Service Fee
A service fee of ten dollars ($10.00) shall be assessed on all credit card transactions. This service fee is considered included in the convenience fee already assessed on efilings and facsimile filings.
Adopted effective May 19, 2021.
Rule 13: Stays Relating to Bankruptcy, etc.
A party who seeks a stay order regarding bankruptcy, receivership, or liquidation shall file a motion to stay, attaching documentation. This motion shall include (1) an acknowledgement to notify the court every 180 days of status; and (2) an acknowledgement that failure to notify may subject the mover to sanctions. Mover must notify court within 30 days of stay being lifted.
Adopted effective January 1, 2022.
Rule 14: Emergency Consideration
A. A filing seeking emergency consideration shall be filed as soon as possible, but not more than ten days after issuance of the ruling. B. During business hours, provide advance notice at (504) 376-1400. C. After hours, call (504) 376-1470 or processing will begin next business day.
Adopted effective September 19, 2023.
Rule 15: Expedited Consideration
A. The court may afford expedited consideration in: Tutorship (Title VIII) and Interdiction (Title IX). B. Procedures in Rule 5-3 of the Uniform Rules shall apply.
Adopted effective June 1, 2024.
Rule 16: Panels
The Fifth Circuit sits in panels of three judges, except for: A. Five-judge panels per La. Const. Art V, Sec 8(B). B. Five-judge panels for Chapter 9 cases. C. Five-judge panels if majority cannot concur. D. En banc for abrogating precedent.
Adopted effective June 1, 2024.
Rule 17: Motions to Supplement Appeal Records
A motion to supplement a record on appeal shall be filed within thirty days of the lodging of the record. Failure to comply may lead to denial or sanctions.
Adopted effective September 24, 2024.
Rule 18: Notice of Deficiency
A. Clerk reviews submissions for compliance. B. Non-compliant submissions are filed as "Deficient". Submitting party has 3 days to cure or file a motion for leave. C. Substantive changes are not authorized. D. Computation of time includes holidays; if ending on holiday, deadline is 4:30 PM next business day.
Adopted effective February 1, 2025.
Rule 19: Format of Citations
A. Citations per La. Supreme Court Administrative Rules, Sec 8. B. Appellate records: "(R. at _)." C. Others per The Bluebook.
Adopted effective February 11, 2025.
