Rule 2: The Practice
Rule 2-1. Preparation of Record
The record for a Court of Appeal shall be prepared by the clerk of the trial court
from which the appeal is taken, in accordance with the requirements set forth in
this Rule. If a Court of Appeal directs that a record be prepared for a nonappealable
matter to be considered under its supervisory jurisdiction, the record in such matters
also shall be prepared in accordance with the requirements set forth in this Rule.
Amended Oct. 2, 2006, effective Nov. 1, 2006.
2-1.1. Number of Copies
The clerk of the trial court shall prepare a certified copy of the original record
and one duplicate record for the Court of Appeal.
2-1.2. Production of Record
The certified copy and the duplicate, which may be typewritten or produced by any
acceptable copying or duplicating process, shall be prepared on white, unglazed,
opaque paper of legal size, so as to produce a clear black image on white paper,
with a margin at the top of each page of 2", and side margins of 1". The impression
must be on one side of the paper only, and must be double-spaced, except for matter
customarily single-spaced and indented. Illegible copies and photocopies produced
on wet copiers are not acceptable. All copies must be legible. The duplicate record
shall include all matters contained in the certified copy of the original record,
except matters which are not reproducible.
2-1.3. Cover Inscription
The records shall be bound in strong, flexible, looseleaf covers, 9" X 14 1/2",
fastened at the top, so as to open flat at the top.
On the outside of the front cover of each volume, there shall be inscribed with
proper separation of lines and spaces, and in the following order:
- the title of the court to which the record is directed;
- the docket number of the case in the Court of Appeal (to be given and entered by
the clerks of the Courts of Appeal);
- the number of the volume of the record;
- the title of the case (the same title given in the trial court);
- the status of the parties;
- the name of the court and of the parish from which the case came, the number of
the case in the court below, the division of the court, and the name of the judge
who rendered the ruling or judgment to be reviewed;
- the names of counsel, with addresses and phone numbers, and the names of the parties
represented; and
- the date of the filing of the record (to be entered by the clerks of the Courts
of Appeal).
2-1.4. Copy of Front Cover and Indexes
The first volume of the record shall contain:
- a copy of its front cover required to be prepared in accordance with Rule 2-1.3;
- a chronological index of the contents, which shall specify the volume and page
on which the minutes of the trial court, each paper or filing, and the note of evidence
appear by item, date, and page of all filings (papers) in the record;
- an alphabetical index of the contents, which shall specify the volume and page
on which the minutes of the trial court, each paper of filing, and the note of evidence
appear by item, date, and page of all filings (papers) in the record; and
- a chronological index of the documents and exhibits filed in evidence (showing
on whose behalf filed).
Amended March 29, 2012, effective July 1, 2012.
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Revision Comment: 2012 Electronic Pocket Part Update Appellate courts are scanning records into document management systems. The front cover of the record is required to be “strong” with a list of information inscribed thereon. Scanners cannot handle the “strong” cover material so this rule is being revised to require a regular paper copy of the first volume's front cover to be included in the record to facilitate scanning.
2-1.5. Minute Entries of Trial Court
The record shall contain an extract of the pertinent minute entries of the trial
court, and shall show the date of each entry, the action taken by the trial court,
and the trial court judge presiding. In criminal cases, the extracts from the minute
entries shall include, in chronological order, these items:
- opening of the court;
- impaneling of the grand jury by which the indictment was found (if prosecution by
indictment);
- list of challenges for cause;
- list of peremptory challenges;
- list of petit jurors selected;
- list of evidence;
- list of witnesses;
- time when jury retired to deliberate, and time returned to render verdict;
- jury's verdict;
- trial court's judgment, ruling, and sentence;
- motion and order for appeal;
- the names of the defendant(s) and all attorney(s) when present.
Amended Oct. 3, 1994, effective Jan. 1, 1995; amended March 22, 2001, effective Jan.
1, 2002.
2-1.6. Order of Pleadings
All motions and pleadings, together with documents and exhibits attached, and orders
of court pertaining thereto, shall be placed in the record in the order in which
they are made or filed, except that answers to interrogatories (or similar inquiries)
shall immediately follow the interrogatories.
The record in criminal cases shall also contain the indictment (information) and
pleas in the order made, returned or filed.
2-1.7. Order of Documents and Other Evidence
The record shall include exact legible copies of all documentary evidence and other evidence (including depositions filed in evidence) in the order in which such evidence was filed. If it is necessary that the original of any evidence be filed, such original must be filed separately and not attached to the record; however, there must be proper reference in the record showing such filing. No record of another case (or prior record in the same titled and numbered case) shall be included in the record, unless such other record has been introduced in evidence (at trial) in the case on appeal or on writs, in which event such other record shall accompany the record as an exhibit.
2-1.8. Order of Other Items
Other items in the record shall be arranged in the following order:
- written reasons for judgment, transcribed oral reasons for judgment, or order (if
any);
- judgment or order (interlocutory and final); and, in criminal cases, all orders,
including the verdict, judgment and sentence;
- petition (motion) and order for appeal, and bond (if any);
- assignments of error in criminal cases in numerical order, and the trial judge's
per curiams (if any), each of which should follow the respective assignment of error.
(If the evidence necessary to form a basis for an assignment of error has been transcribed
elsewhere in the record, such as in a full transcript of the proceedings, it may
be incorporated by reference to the appropriate volume and page of the record, so
as to avoid unnecessary duplication in the record).
Amended Oct. 3, 1994, effective Jan. 1, 1995.
2-1.9. Transcript of Testimony
The verbatim transcript of oral testimony of the witnesses in the order in which
it is taken shall be included in the record, preceded by an index setting forth
the names of witnesses in the order called by the respective parties and the volume
and pages of their examination on direct, on cross-examination, on re-direct, on
re-cross and in rebuttal. This index shall also list and identify the exhibits,
and offers of proof, and show by whom presented and the volume and page where offered.
The index shall also give the volume and page of any oral reasons for judgment.
The transcript of testimony shall indicate the party in whose behalf each witness
was called (whether on direct, on cross-examination, or in rebuttal), and by whom
examined or cross-examined.
In criminal cases, the record must also contain all or any portion of the following
designated by the defendant, the state, or the trial judge: preliminary hearing;
voir dire examination of prospective jurors; statements, rulings, orders, and jury
instructions by the trial court; objections, questions, statements and arguments
of counsel. If the voir dire examination of prospective jurors is requested, it
shall be accompanied with an index setting forth the names of the prospective jurors
in the order called and the volume and page numbers of their examination. This index
shall also list whether the prospective juror was challenged, whether the challenge
was for cause or peremptory, who raised the challenge and whether the juror was
released or accepted.
All transcripts filed with a Court of Appeal must comply with the Transcript Format
Rules promulgated by the Louisiana Supreme Court.
Amended Oct 3, 1994, effective Jan. 1, 1995; amended and effective Oct. 4, 1999.
2-1.10. Numbering of Pages
The pages in the record shall be consecutively numbered. If the record contains
more than a total of 250 pages, it shall be bound in separate volumes, each containing
not more than 250 pages. To the extent practicable, the extract of minute entries,
motions and pleadings, documents, written reasons for judgment, judgments, and appeal
pleadings and orders (also bonds, if any), shall be included in the first volume
of the record, with the transcript of testimony and other evidence in subsequent
volumes. The pages of the duplicate record shall be numbered to correspond with
those of the certified copy of the original record.
2-1.11. Items to be Omitted.
Subpoenas, notices, and returns may be omitted from the record, unless they are
at issue. Such items may be supplied upon timely application to this court by any
party, upon showing their materiality.
2-1.12. Bulky Exhibits
Bulky or cumbersome documents, exhibits, and other physical or corporeal evidence
should not be filed with the record, unless otherwise ordered by the court. They
may be included in specially marked envelopes, or other containers, with a list
and identification of the enclosed items attached thereto, with proper reference
noted on the record. Offers of proof (or proffers) should be included in separate
specially marked envelopes, properly identified. The duplicate record need not reproduce
such items, but reference thereto should be made.
2-1.13. Separate Records
Separate records shall be prepared of each case even though consolidated with another
case for trial. Each of such records shall be enclosed in a separate cover, with
proper references indicating the consolidation thereof. The transcript of testimony
in the consolidated cases may be included in only one of the records. Documentary
evidence applicable to only one of the consolidated cases shall be enclosed in the
appropriate record.
2-1.14. Use of Another Record
Any record lodged in this court may, with leave of court, be used, without necessity
of duplication, in any other case on appeal or on writ.
2-1.15. Certificate of Clerk
The certified copy of the original record and the duplicate record shall each bear
the certificate of the clerk of the trial court as to the completeness and authenticity
thereof. The notice of appeal from the trial court shall also certify the amount
of court costs.
Amended March 30, 1989.
2-1.16. Responsibility of Clerk
It is the responsibility of the clerk of the trial court from which a case is appealed,
or to which writs are directed, to prepare the record for a Court of Appeal. To
assist in its preparation, the clerk of the trial court may require of its court
reporter a legible copy of the transcript of testimony, and of the appellant (or
party seeking review by this court) legible copies of all pleadings, depositions,
and other papers to be included in the record. In preparing the record for a Court
of Appeal, the clerk of the trial court shall insure that depositions included as
an exhibit consist of one page of deposition testimony per physical page and do
not contain reduced images of multiple pages placed on one page. If any deposition
introduced into evidence in the case does not meet this standard, the party who
introduced the deposition shall provide a certified true copy of the substandard
document in the required format.
Amended Oct 1, 2001, effective Jan. 1, 2002.
2-1.17. Designated Record
Notwithstanding the foregoing requirements, the parties may designate, in writing,
portions of the record to constitute the record in a Court of Appeal.
Rule 2-2. Notice Of Appeal; Filing of Record
Changes effective January 1, 2013 unless otherwise noted
2-2.1. Notice of Appeal
Within seven (7) days of the granting of an order of appeal, the clerk of the trial
court shall transmit to the appellate court and the judicial administrator of the Supreme
Court, the notice of appeal required by the Code of Civil Procedure or the Code
of Criminal Procedure.
Adopted April 11, 1996. Amended April 7, 2005; Sept. 30, 2012, effective Jan. 1, 2013.
2-2.2. Additional Notice Requirements in Election Cases; Responsibility of Appellant
and Clerk of Trial Court
**REPEALED EFFECTIVE SEPETEMBER 30, 2012.**
2-2.3. Filing of Record
In all cases appealed or in which a writ is granted, a certified copy of the original
record and one duplicate record shall be filed timely in the office of the clerk
of the Court of Appeal by the clerk of the trial court on or before the date fixed
for the return of the appeal or of the writ, or such extension thereof as may be
granted in accordance with law.
Former Rule 2-2, redesignated as Rule 2-2.3, April 11, 1996.
Rule 2-3. Criminal Appeals from Courts of Limited Jurisdiction Wherein Testimony
was Electronically Recorded
In all cases appealed to a Court of Appeal from a judgment rendered in a criminal
case by a parish, city, or municipal court, where the testimony of witnesses was
electronically recorded, such electronic recording shall, before filing of the appeal,
be transcribed, and a certified copy of the original transcription and one duplicate
shall be prepared and filed in accordance with Rules 2-1 and 2-2.
Rule 2-4. Fees
The clerks of the Courts of Appeal shall charge the fees prescribed by law.
Rule 2-5. Docketing of Cases; Notification
2-5.1. Docketing
Cases shall be docketed by the clerk in the order in which they are filed, under
the same title used in the trial court.
2-5.2. Notification
Upon the filing of the record and the docketing of the case, the clerk shall forthwith
notify counsel of record and each party not represented by counsel of the date of the filing and docketing.
Amended Sept. 30, 2012, effective Jan. 1, 2013.
Rule 2-6. Withdrawals of Records
A record may be withdrawn from the office of the clerk of a Court of Appeal by counsel
of record upon giving receipt therefore to the clerk. The record shall be returned
within such reasonable period of time as may be fixed by the clerk at the time of
withdrawal. A party not represented by counsel is not permitted to withdraw a record,
but may make arrangements with the clerk to review the record at reasonable times
in the clerk's office, or in the office of the clerk of the trial court. Records
are subject to recall by the court at any time.
Rule 2-7. Motions, Pleadings, Instructions to Clerk, Agreements of Parties
2-7.1. Motions in Open Court
Motions which may be made in open court shall be made at the beginning of the daily
session, before the first case is called for argument or submission.
2-7.2. Requirements of Other Motions
All other motions or pleadings (e.g., peremptory exceptions and answers to appeals) filed originally in a Court of Appeal shall be typewritten and double-spaced on white paper of legal size, with proper margins, and shall bear the number and title of the case in the appellate court, the nature of the motion or pleading, the name of counsel filing the motion or pleading, and the name of the party on whose behalf it is filed. The motion or pleading shall bear a certificate showing that a legible copy thereof has been delivered or mailed to opposing counsel of record, and to each opposing party not represented by counsel, and showing the date of service thereof. All motions filed in a Court of Appeal shall include a proposed order.
Amended Oct. 3, 1994, effective Jan. 1, 1995; amended April 10, 2014, effective May 1, 2014.
2-7.3. Filing
Unless made in open court, an original and 4 copies of each motion or pleading shall
be filed, numbered, and docketed in the clerk's office for the clerk to present
to the court for consideration. Unless previously filed, numbered, and docketed,
such motion or pleading will not be considered by the court.
2-7.4. Summary Dismissal
The court may summarily dismiss untimely or improperly filed motions and pleadings.
2-7.5. Instructions and Agreements
Instructions to the clerk, or agreements between the parties or their counsel, of
which the court is expected to take cognizance, shall be in writing, signed by the
parties or counsel, and filed in the clerk's office.
Rule 2-8. Motion to Dismiss or Remand, Pre-docketing Dismissals; Abandonment
2-8.1. Motion to Dismiss or Remand
Motions to dismiss or to remand appeals shall comply with the provisions of Rule 2-7. Such motions shall be submitted to the court by the clerk without oral argument; provided, however, the court may, in its discretion, fix any such motion for oral argument, or refer the motion to the argument on the merits. The motion may include a request to suspend briefing delays until such time as a ruling is made on the motion to dismiss or remand. If the court grants the request for suspension of briefing delays and later denies the motion to dismiss or remand, the court shall set new briefing delays. The act of filing the motion to suspend briefing delays does not suspend the delays; a suspension is effective only as ordered by the Court.
2-8.2. Service of Motion
A copy of a motion to dismiss or to remand an appeal, together with a copy of the accompanying brief, if any, shall be served in accordance with the provisions of Louisiana Code of Civil Procedure art. 1313 to opposing counsel of record and to each opposing party not represented by counsel.
Amended Oct. 7, 2013, effective Jan. 1, 2014.
2-8.3. Joint Motion
Any appeal may be summarily dismissed or remanded by order of the court where there
has been a joint motion filed by all interested parties or their counsel of record,
which shall set forth the reason for such action and which shall be supported by
appropriate affidavits that the facts alleged are true and correct.
2-8.4. Ex Parte Motion
Where there has been no timely answer to the appeal, or other formal action to amend
or modify the judgment appealed, the appellant may, by ex parte motion, have the
appeal dismissed, with leave of court.
2-8.5. Pre-docketing Dismissals
In cases where the parties desire to dismiss or to remand an appeal in which jurisdiction
of the appellate court has attached, but in which the record on appeal has not yet
been lodged and docketed, the court may nevertheless consider a joint motion to
such effect, provided the parties submit their motion signed by all counsel of record,
together with, in the case of a motion to dismiss the appeal, the statement of counsel
that all costs incurred in the trial court have been paid, or that counsel will
be responsible for the payment of same. The motion shall be accompanied by a certificate
from the clerk of the trial court indicating that the motion to dismiss or to remand
has been signed by all counsel of record and by each party not represented by counsel.
It shall show that the appeal bond, if required, has been filed or, in the case
of a pauper suit, indicate the lack of necessity for an appeal bond.
2-8.6. Abandonment of Civil Appeal
For civil appeals, if an appellant does not file a brief within the time prescribed
by Rule 2-12.7 or any extension thereof granted by the court as provided by Rule
2-12.8, a notice shall be transmitted by the clerk to counsel for the appellant, or to
the appellant if not represented, that the appeal shall be dismissed 30 days thereafter
unless a brief is filed in the meantime. If an appellant does not file a brief within
30 days after such notice is transmitted, the appeal shall be dismissed as abandoned.
Provided, however, that irrespective of the time limit provided in Rule 2-12.7 for
the appellee to file a brief, the appellee's brief shall be filed within 20 days
from the due date shown on the notice of abandonment.
Amended Oct. 7, 1991; amended Oct. 3, 1994, effective Jan. 1, 1995; amended Oct.
1, 2001; amended Sept. 30, 2012, effective Jan. 1, 2013.
2-8.7. Suspension of Briefing Delays
A party may by written motion request that the Court of Appeal suspend briefing delays for good cause. If the court grants the request for suspension of the briefing delays, the clerk shall set new briefing delays as directed by the Court. The act of filing the motion to suspend briefing delays does not suspend the delays; a suspension is effective only as ordered by the Court.
Added Oct. 3, 1994, effective Jan. 1, 1995. Amended April 10, 2014, effective May 1, 2014.
Rule 2-9. Substitution of Parties
The rules and procedures for substitution of parties provided by LSA-C.C.P. Arts.
801-807 shall regulate the substitution of parties.
Rule 2-10. Withdrawal of Counsel
2-10.1. Withdrawal
No counsel may withdraw without leave of the appellate court once the trial court
is divested of jurisdiction.
Amended Oct. 3, 1994, effective Jan. 1, 1995.
2-10.2. Motion and Order
Withdrawal shall be upon motion and order of the appellate court.
Amended Oct. 3, 1994, effective Jan. 1, 1995.
Rule 2-11. Assignment on Calendar
2-11.1. Assignment as Docketed
Unless otherwise provided by law, or the court orders otherwise, the clerk shall
assign cases for hearing on the calendar in the order in which they are docketed.
2-11.2. Special Assignment
A special assignment may be given by the court in any case where the state or any
subdivision thereof is a party, or in any matter impressed with the public interest,
or in any case where the interest of justice clearly requires an immediate or special
hearing.
2-11.3. Summary Disposition
Cases may be assigned for summary disposition with or without oral argument when
the court so orders.
Amended effective Dec. 1, 1984.
2-11.4. Request for Oral Argument
Appeals in all cases shall be submitted for decision without oral argument unless a written request for permission to orally argue is filed in the clerk's office by a party within thirty (30) days after the filing of the record in the court and permission is granted. Pursuant to this rule, the request for oral argument must be in the form of a motion or a letter. A request made within a party's brief will NOT suffice. A request for oral argument by only one of the parties is acceptable. Ordinarily, timely requests for oral argument will be granted, except in cases assigned for summary disposition. When permission for oral argument has been granted to one party, the right to oral argument extends to all parties, unless the right to orally argue had been forfeited.
Amended effective Dec. 1, 1984; amended Oct. 3, 1994, effective Jan. 1, 1995, amended effective April 15, 2010; amended Oct. 7, 2013, effective Jan. 1, 2014.
2-11.5. Cases Carried Over
A case assigned for oral argument that is not reached or in which the argument is
not completed on the assigned day, shall go over to the next argument day, unless
the court reassigns the case for a particular day.
2-11.6. Continuance
No case fixed for argument or submission on the calendar may be continued, except
in extraordinary situations which the court deems to justify a continuance.
2-11.7. Submission Without Oral Argument
Any case docketed in this court may be submitted at any time for decision without
oral argument, on joint motion of all parties or counsel of record.
2-11.8. Court's Authority to Hear Argument
The court shall retain its authority to order oral argument in any case.
2-11.9. Calendar Of Assignments
The clerk shall post the calendar of assignments for hearing and transmit it to all
counsel of record, and to any party not represented by counsel, not less than 30
days prior to the date fixed for the hearing of a case on the calendar, provided,
however, that the 30 day notice herein required shall not be applicable where there
will be no oral argument. The clerk shall note on the calendar the dates and hours
of sessions of court.
Amended effective Oct. 7, 1991; amended Sept. 30, 2012, effective Jan. 1, 2013.
Rule 2-12. Briefs
2-12.1. Filing
Each party shall file an original and 7 copies of the brief in every case. All parties
must file briefs in every criminal appeal.
Amended Oct. 3, 1994, effective Jan. 1, 1995.
2-12.2. Preparation of Briefs
- The provisions of this Section shall apply to briefs submitted in appeals and to briefs or supporting memoranda submitted in connection with motions, applications for supervisory writs and applications for rehearing.
- Briefs may be printed, typewritten, or produced by any copying or duplicating process which produces a clear black image on white paper. Illegible copies and photocopies produced on wet copiers are not acceptable. Briefs may be typewritten or otherwise acceptably produced on either letter or legal-size, white, unglazed, opaque paper, with a margin of 1” on each side, using only one side of each page. The text of briefs shall be double-spaced except for matters which are customarily single-spaced. The pages in the briefs shall be numbered consecutively.
- The language used in the brief shall be courteous, free from vile, obscene, obnoxious, or offensive expressions, and free from insulting, abusive, discourteous, or irrelevant matter or criticism of any person, class of persons or association of persons, or any court, or judge or other officer thereof, or of any institution. Any violation of this Subsection shall subject the author, or authors, of the brief to punishment for contempt of court, and to having such brief returned.
- The preparation of briefs shall be subject to the following requirements and limitations:
- Original briefs on 8 1/2″ x 14″ paper shall not exceed thirty-one pages; reply briefs on such paper shall not exceed thirteen pages. Original briefs on 8 1/2″ x 11″ paper shall not exceed forty-one pages; reply briefs on such paper shall not exceed eighteen pages. These limitations do not include pages containing the table of contents required by Rule 2-12.4, Subsection A(l) and the table of authorities required by Rule 2-12.4, Subsection A(2).
- The size type in all briefs will be: (a) Roman or Times New Roman 14 point or larger computer font, normal spacing; or (b) no more than 10 characters per inch typewriter print. A margin of at least one inch at the top and bottom of each page shall be maintained. Footnotes may be single-spaced but shall not be used to circumvent the spirit of this rule.
- A motion for leave to file a brief in excess of the page limitation of this rule must be filed at least ten days in advance of the due date of the brief. Such a motion will be granted only for extraordinary and compelling reasons.
Amended April 3, 1986, effective July 1, 1986; amended Oct. 5, 1992; amended Oct.
3, 1994, effective Jan. 1, 1995; amended March 22, 2001, effective Jan. 1, 2002; amended Oct. 7, 2013, effective Jan. 1, 2014.
2-12.3. Cover Inscription
Briefs shall state on the cover or on the title page the following:
- the title of the court to which it is directed;
- the docket number of the case in the court;
- the title of the case as it appears on the docket of the court;
- the name or title of the court and the parish from which the case came;
- the name of the judge who rendered the judgment or ruling complained of;
- a statement as to whether the case comes before the court on appeal or in response
to a writ;
- a statement identifying the party on whose behalf the brief is filed and the party's
status before the court;
- the nature of the brief, whether original, in reply, or supplemental;
- the name of counsel, with address and telephone number, by whom the brief is filed,
and a designation of the parties represented, and a designation of "appeal counsel";
- the designation of whether the case is a civil, criminal, juvenile, or special proceeding
(state particular type of proceeding).
2-12.4. Appellant's Brief
- The brief of the appellant shall contain, under appropriate headings and in the order indicated:
- a table of contents with page references;
- a table of authorities, including cases alphabetically arranged, statutes and other authorities, with references to the pages of the brief where the authorities are cited;
- a jurisdictional statement setting forth the constitutional and statutory basis for the court to exercise appellate jurisdiction, with citations to applicable provisions. The jurisdictional statement shall also include the dates of the judgment appealed and of the motion and order for appeal to establish the timeliness of the appeal and the following, as applicable:
- an assertion that the appeal is from a final appealable judgment and, if the appealability is dependent upon a designation by the trial court, a reference to the specific page numbers of the record where the designation and reasons for the designation are to be found, or
- an assertion that the appeal is from an interlocutory judgment or order which is appealable as expressly provided by law, or
- an assertion of information establishing the court of appeal's jurisdiction on some other basis;
- a concise statement of the case indicating the nature of the case, the action of the trial court and the disposition;
- assignments of alleged errors;
- a listing of issues presented for review;
- a statement of facts relevant to the assignments of error and issues for review, with references to the specific page numbers of the record;
- a short summary of the argument, i.e., a succinct, clear and accurate statement of the arguments made in the body of the brief;
- the argument, which shall contain:
- appellant's contentions, with reference to the specific page numbers of the record and citations to the authorities on which the appellant relies,
- for each assignment of error and issue for review, a concise statement of the applicable standard of review, which may appear in the discussion or under a separate heading placed before the discussion, and
- for each assignment of error and issue for review which required an objection or proffer to preserve, a statement that the objection or proffer was made, with reference to the specific page numbers of the record; and
- a short conclusion stating the precise relief sought.
-
- A copy of the judgment, order, or ruling complained of, and a copy of either the trial court's written reasons for judgment, transcribed oral reasons for judgment, or minute entry of the reasons, if given, shall be appended to the brief of the appellant. If reasons for judgment were not given, the brief shall so declare.
- Citation of Louisiana cases shall be in conformity with Section VIII of the Louisiana Supreme Court General Administrative Rules. Citations of other cases shall be to volume and page of the official reports (and when possible to the unofficial reports). It is recommended that where United States Supreme Court cases are cited, all three reports be cited, e.g., Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
- The court may disregard the argument on an assignment of error or issue for review if suitable reference to the specific page numbers of the record is not made.
- All assignments of error and issues for review must be briefed. The court may consider as abandoned any assignment of error or issue for review which has not been briefed.
Amended April 3, 1986, effective July 1, 1986; amended Oct. 3, 1994, effective Jan. 1, 1995; amended Oct. 2, 2006, effective Nov. 1, 2006; amended Oct. 7, 2013, effective Jan. 1, 2014; amended April 10, 2014, effective May 1, 2014.
2-12.5. Appellee's Brief
The brief of the appellee shall contain appropriate and concise responses and arguments to the contentions and arguments of the appellant and shall conform to the requirements for the appellant's brief set forth in Rule 2-12.4, except that the following need not be included unless the appellee is dissatisfied with the appellant’s statements:
- the jurisdictional statement, Rule 2-12-4, Subsection A(3);
- the statement of the case, Rule 2-12-4, Subsection A(4);
- assignments of alleged errors, Rule 2-12-4, Subsection A(5);
- the listing of issues, Rule 2-12.4, Subsection A(6);
- the statement of facts, Rule 2-12.4, Subsection A(7);
- the statement of the standard of review, Rule 2-12.4, Subsection A(9)(b);
- the statement of the objection or proffer, Rule 2-12.4, Subsection A(9)(c); and
- a copy of the judgment or order and a copy of the trial court’s written or transcribed oral reasons, Rule 2-12.4, Subsection B(1).
Amended Oct. 2, 2006, effective Nov. 1, 2006; amended Oct. 7, 2013, effective Jan. 1, 2014; amended April 10, 2014, effective May 1, 2014.
2-12.6. Reply Brief
The appellant may file a reply brief, if he has timely filed an original brief,
but it shall be strictly confined to rebuttal of points urged in the appellee's
brief. No further briefs may be filed except by leave of court.
2-12.6.1 Citation of Supplemental Authorities
- If pertinent and significant authorities come to a party’s attention after all original and reply briefs have been filed - or after oral argument but before decision - a party may promptly advise the clerk by letter, with a copy to all other parties, setting forth the citations.
- The letter shall be limited to: (1) the name and citation of the opinion or authority;
(2) the issue raised by the case which is pertinent to the issues raised in the case pending before this Court; and
(3) a citation to the page number of where this point has been raised in briefs before this Court or, if not raised in briefs and dealt with in oral argument only, where and how this issue arose during oral argument. The letter shall not include attachments, including but not limited to the documents cited within the letter.
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The body of the letter shall not exceed two pages (letter size). Any response must be made promptly and must be similarly limited. This section 2-12.6.1 letter shall not contain argument; if a party desires to make an argument or to exceed two pages (letter size), the party shall file a motion for permission to file a supplemental brief.
Adopted April 6, 2006. Amended April 10, 2014, effective May 1, 2014.
2-12.7. Time to File
The brief of the appellant shall be filed not later than 25 calendar days after
the filing of the record in the court, and the brief of the appellee shall be filed
not later than 45 calendar days after the filing of the record in the court. The
reply brief, if any, of the appellant shall be filed not later than 10 calendar
days after the appellee's brief is filed.
Unless otherwise directed by the court in the notice of lodging, in the case of
a timely order of appeal being obtained by a litigant subsequent to an earlier order
of appeal obtained by a different litigant, the brief on behalf of the litigant
whose order of appeal bears the earlier date shall be due in point of time under
the provisions of the appropriate rule regarding the appellant. The brief on behalf
of the litigant whose order of appeal bears the later date shall be due in point
of time under the provisions of the appropriate rule regarding the appellee.
Amended Oct. 7, 2002.
2-12.8. Extensions of Time
An extension of time within which to file the brief may be granted by the court
for good cause shown on written motion filed with the clerk of the court on or before
the date the brief was due. If an extension of time is granted to an appellant to
file the original brief, time for filing the appellee's brief is extended for a
period of twenty days from the date of the extended time granted the appellant,
without the necessity of a motion or request by the appellee. To preserve the right
to oral argument, an appellee must file the brief within the extended twenty-day
period, whether or not the appellant's brief is timely filed. An extension of time
may not be granted if such extension will retard the hearing or determination of
the case.
Amended Oct. 5, 1987, effective Dec. 1, 1987.
2-12.9. Specially-assigned Cases
In cases specially assigned for argument, the briefs shall be filed as ordered by
the court.
2-12.10. Briefs on Motions or Writ Applications
Briefs in support of motions or applications for writs shall be filed with the motion
or writ application. Briefs in opposition thereto shall be filed prior to decision
by the court, or as may be ordered by the court.
2-12.11. Amicus Curiae Briefs
Amicus curiae briefs may be filed only upon motion by the applicant and order of
the court. The motion shall identify the interest of the applicant, state that the
applicant has read the briefs of the parties, and state specific reasons why applicant's
brief would be helpful to the court in deciding the cases. An amicus curiae may
not request oral argument.
2-12.12. Untimely Briefs; Sanctions
If the brief on behalf of any party is not filed by the date that the brief is due,
the party's right to oral argument shall be forfeited. The court may also impose
other sanctions including, but not limited to, dismissal of the appeal when the
appellant does not file a brief as provided for in Rule 2-8.6.
2-12.13. Non-conforming Briefs; Sanctions
Briefs not in compliance with these Rules may be stricken in whole or in part by
the court, and the delinquent party or counsel of record may be ordered to file
a new or amended brief.
Rule 2-13. Timely Filing of Papers; Timeliness
All papers and required copies to be filed in a Court of Appeal shall be legible and shall be filed with the clerk. Filing maybe accomplished by delivery or by mail addressed to the clerk. The filing of such papers shall be deemed timely when the papers are mailed on or before the due date. If the papers are received by mail on the first legal day following the expiration of the delay, there shall be a rebuttable presumption that they were timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or cancellation stamp or by official receipt or certificate from the United States Postal Service or bonafide commercial mail services such as Federal Express or United Parcel Service, made at the time of mailing which indicates the date thereof. Any other dated stamp, such as a private commercial mail meter stamp, shall not be used to establish timeliness.
Amended Oct. 7, 2002; amended Oct. 2, 2006, effective Nov. 1, 2006; amended April 10, 2014, effective May 1, 2014.
Rule 2-14. Service of Legible Copies; Certificate
2-14.1. Service of Legible Copies
At or before the time of filing, legible copies of all papers filed in a Court of Appeal by any party shall be served in accordance with the provisions of Louisiana Code of Civil Procedure art. 1313 to opposing counsel of record and to each opposing party not represented by counsel.
Amended Oct. 7, 2013, effective Jan. 1, 2014.
2-14.2. Certificate
The fact of such service shall be evidenced by a certificate listing all parties and all counsel, indicating the parties each represents, and showing when and by what means such service was accomplished.
Amended Oct. 2, 1995, effective Jan. 1, 1996; amended Oct. 7, 2013, effective Jan. 1, 2014.
Rule 2-15. Oral Argument
2-15.1. Order of Argument
The appellant shall have the right to open and close the argument. Where there are
2 or more appellants in the same case, the court will decide when the case is called
for argument who shall open and who shall close the argument, unless the parties
agree upon the order of presentation.
2-15.2. Length of Time
The parties shall be allowed a period of time not to exceed 40 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.
2-15.3. Reading From Briefs
Argument should not be read from a prepared text. Counsel shall not be permitted
to read from briefs, except matters, such as quotations, which are customarily read.
2-15.4. Textual Materials and Exhibits
- Textual Materials. A book, treatise, or other textual material not conveniently
available to the court, used as authority during argument by counsel, shall, on
request of court, be deposited with the court until the case is decided. By leave
of court, a photocopy of the pertinent material may be substituted in lieu of the
book, the treatise, or other textual material.
- Exhibits for Demonstration. All models, maps, charts, diagrams, or other
exhibits used for purposes of illustration, demonstration, or explanation during
oral argument before the court (but not made a part of the record) and deposited
thereafter with the court shall be removed by the party or counsel responsible for
such use and deposit within 30 days after written notice given by the clerk. Failure
to remove timely shall authorize the clerk to destroy the exhibit or make other
disposition thereof as the court may deem proper.
Rule 2-16. Decisions of the Appellate Courts
The decision of the appellate court may be expressed in one of the following forms:
a full opinion, a concise memorandum opinion, or a summary disposition conforming
to the provisions of this rule. All opinions and summary dispositions shall contain
the names of the judges who rendered the opinion or summary disposition.
Adopted Dec. 22, 2003, effective Jan. 1, 2004.
2-16.1. Opinions of the Appellate Courts.
Opinions of the appellate courts, whether authored or per curiam, shall be formal
opinions or memorandum opinions.
- A case may be disposed of by formal opinion when at least one of the following
criteria is satisfied. The decision involved:
- establishes a new rule of law or alters or modifies an existing rule;
- involves a legal issue of continuing public interest;
- criticizes or explains existing law;
- applies an established rule of law to a factual situation significantly different
from that in published opinions of the courts of this state;
- resolves an apparent conflict of authority; or,
- constitutes a significant and non-duplicative contribution to legal literature
because it contains:
- an historical review of law;
- a review of legislative history; or,
- a review of conflicting decisions among the courts or other jurisdictions.
- Where the panel unanimously agrees that a case does not qualify for disposition
by formal opinion, the case may be disposed of by a concise memorandum opinion.
A memorandum opinion shall succinctly state:
- the court from which the appeal comes;
- the germane facts, including the ruling of the lower court;
- the issues and contentions of the parties when appropriate;
- the reasons for the decision;
- the judgment of the appellate court; and
- a statement that the memorandum opinion is issued in compliance with URCA Rule
2-16.1.B
Amended Dec. 22, 2003, effective Jan. 1, 2004.
2-16.2. Summary Disposition
- In any case in which the panel unanimously determines no jurisprudential purpose
would be served by a written opinion and that any one or more of the following dispositive
circumstances exist, the decision of the court may be made by summary disposition.
A summary disposition may be utilized when:
- the appellate court lacks jurisdiction;
- the disposition is clearly controlled by case law precedent, statute, or rules of
court;
- the appeal is moot;
- the issues involve no more than an application of well-settled rules to recurring
fact situations;
- the opinion or findings of fact and conclusions of law of the trial court or agency
adequately explain the decision;
- no error of law appears on the record;
- the trial court or agency did not abuse its discretion;
- the record does not demonstrate that the decision of the trier of fact is clearly
wrong (manifestly erroneous);
- the record demonstrates that the evidence in support of a criminal jury verdict
is not insufficient; or,
- the panel otherwise unanimously determines summary disposition is appropriate in
accordance with the law and evidence.
- The court may dispose of a case by summary disposition with or without oral
argument at any time after the case is docketed in the appellate court. The disposition
may provide for dismissal, affirmance, remand, reversal or any combination thereof
as appropriate to the case.
- When a summary disposition is issued, it shall contain:
- a statement describing the nature of the case and the dispositive issues without
a discussion of the facts.
- A citation to controlling precedent, if any; and
- the judgment of the appellate court and a citation to one or more of the criteria
under this rule which supports the judgment, e.g., "Affirmed in accordance with
Uniform Court of Appeal Rule 2-16.2.A(1)."
Amended April 30, 1999, effective Oct. 4, 1999; amended Dec. 22, 2003, effective
Jan. 1, 2004.
2-16.3. Publication and Citation
- A formal opinion of a Court of Appeal shall be designated for publication unless
a majority of the panel determines otherwise.
- A memorandum opinion or a summary disposition of a Court of Appeal shall not be
designated for publication except by majority vote of the panel.
- The panel shall reconsider its decision not to publish an opinion upon the request
of the trial judge or a party, provided that the request and reasons therefore are
made in writing within the delays for rehearing following the rendition of the opinion.
Amended April 20, 1999, effective Oct. 4, 1999; amended Dec. 22, 2003, effective
Jan. 1, 2004; amended Oct. 1, 2007, effective Nov. 1, 2007.
2-16.4. Copies of Opinions
In every case, one copy of the opinion, when rendered,
shall be transmitted to the trial judge, the clerk of the trial court, all
appeal counsel of record, and all parties not represented by counsel.
Amended Sept. 30, 2012, effective Jan. 1, 2013.
2-16.5. Certificate
The clerk of this court shall file a certificate in the record showing the date
on which and to whom the copy of opinion was transmitted and the transmission method.
Amended Sept. 30, 2012, effective Jan. 1, 2013.
Rule 2-17. Notice Of Judgment
2-17.1. Notice
Notice of judgment of a Court of Appeal shall be transmitted by the clerk to all counsel of record, and to all parties not represented by counsel.
Amended Sept. 30, 2012, effective Jan. 1, 2013.
2-17.2. Certificate
The clerk shall file a certificate in the record showing the date on which and the names of all parties or persons to whom the notice of judgment was transmitted and the transmission method.
Amended March 22, 2001, effective Jan. 1, 2002; Sept. 30, 2012, effective Jan. 1, 2013.
Rule 2-18. Rehearing
2-18.1. Application for Rehearing
An application for rehearing shall state with particularity contentions of the applicant
and shall contain a concise argument in support of the application. Except by permission
of court, an application for rehearing shall not exceed 10 pages. An original and
4 copies of the application for rehearing shall be filed. Oral argument in support
of the application will not be permitted.
2-18.2. Time to File
- In cases governed by the Code of Criminal Procedure, an application for rehearing
must be filed with the clerk on or before 14 days after the rendition of the judgment.
- In cases governed by the Code of Civil Procedure, an application for rehearing must
be filed with the clerk on or before 14 days after the personal delivery or mailing
of the notice of the judgment and opinion of the court.
- No extension of time for filing an application for rehearing shall be granted.
Amended effective Aug. 30, 1983.
2-18.3. Support Brief
The applicant shall file an original and 4 copies of a brief in support of the application
for rehearing at the time the application for rehearing is filed.
Amended Oct. 3, 1994, effective Jan. 1, 1995.
2-18.4. Additional Time for Brief
If the applicant for rehearing needs additional time for filing a brief in support of the application, an extension of time within which to file the brief may be granted by the court for good cause shown on written motion filed with the clerk of the court at the time the application for rehearing is filed. The act of filing the motion to extend the time within which to file the brief does not extend the time; an extension is effective only as ordered by the Court.
Amended April 10, 2014, effective May 1, 2014.
2-18.5. Granting of Rehearing
When a rehearing is granted, the case shall be submitted, with or without oral argument,
as ordered by the court.
2-18.6. Repetitive Applications
When a case has been decided on rehearing, another application for a rehearing will
not be considered unless the applicant has not theretofore been granted a rehearing,
or unless the court has expressly granted the right to apply for another rehearing.
2-18.7. When Rehearing Will Be Considered
An application for rehearing will be considered in cases where the court has:
- Granted a writ application on the merits;
- Dismissed an appeal; or
- Ruled on the merits of an appeal.
Amended Oct. 2, 1989, effective Jan. 1, 1990; amended Oct. 3, 1994, effective Jan.
1, 1995.
Rule 2-19. Frivolous Appeal
The court may award damages for frivolous appeal in civil cases as provided by law.
Rule 2-20. Notices or Copies by Clerk, Sufficiency of
All notices or copies of papers required by these Rules to be transmitted by the clerk
shall be sent to appeal counsel of record for each party, and to any party not represented by counsel, to the United States mailing address, email address or facsimile number shown by the record or to the United States mailing address, email address or facsimile number furnished to the clerk.
Amended Sept. 30, 2012, effective Jan. 1, 2013.
