Rule 2: The Practice
Rule 2-1. Preparation of Record
The record 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 pursuant to its supervisory jurisdiction, the record shall likewise be prepared in accordance with the requirements set forth in this Rule. In such matters, the Court of Appeal may order that preparation of the record be expedited.
2-1.1. Number of Copies
The clerk of the trial court shall prepare a certified copy and a duplicate copy of the original record, or a record in electronic form, subject to and in accordance with the local rules of the individual Courts of Appeal.
2-1.2. Production of Record
The certified copy and the duplicate copy, unless in electronic form, shall be typewritten or produced by any acceptable printing, copying, or duplicating process, and 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 inches, and side margins of 1 inch. The impression shall be on one side of the paper only, and must be double-spaced, except for matters customarily single-spaced and indented. Illegible copies and photocopies are not acceptable. The duplicate record shall include all matters contained in the certified copy of the original record, except items which are not reproducible. The record in electronic form shall conform to these requirements as well.
2-1.3. Cover Inscription
The record, unless in electronic form, shall be bound in strong, flexible, loose-leaf covers, 9 inches by 14½ inches, fastened at the top, so as to open flat.
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 or administrative body and of the parish from which the appeal originates, the docket number of the case in the court or administrative body, the division/section of the court or administrative body, and the name of the judge or official who rendered the ruling or judgment to be reviewed;
- the names of counsel, with mailing addresses and phone numbers, and the names of the parties represented;
- the names of unrepresented parties, with mailing addresses and phone numbers; and
- the date of the lodging of the record in the Court of Appeal (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 front cover in compliance with Rule 2-1.3;
- a chronological index of the contents of the entire record, which shall specify the volume and page of the minutes of the trial court, any paper or filing, and any note of evidence by item, date, and page in the record;
- an alphabetical index of the contents of the entire record, which shall specify the volume and page of the minutes of the trial court, any paper or filing, and any note of evidence by item and page in the record; and
- a chronological index of the documents and numbered exhibits filed in evidence (showing on whose behalf filed). Proffered evidence shall be enclosed in a sealed envelope and shall be properly identified and marked with the name of the party making the proffer.
2-1.5. Minute Entries of Trial Court
The record shall contain the minute entries of the trial court, and indicate the date of each entry, the action taken by the trial court, and the trial court judge presiding. In criminal cases, the minute entries shall include, in chronological order, these items:
- the opening of the court;
- the impaneling of the grand jury by which the indictment was found (if prosecution by indictment);
- the list of challenges for cause;
- the list of peremptory challenges;
- the list of petit jurors selected;
- the list of evidence;
- the list of witnesses;
- the time when the jury retired to deliberate, and the time returned to render verdict;
- the jury’s verdict;
- the trial court’s judgment, ruling, and sentence;
- any post-trial motions filed and the disposition thereof;
- the Louisiana Uniform Commitment Order of sentencing;
- the motion and order for appeal; and
- the names of the defendant(s) and all attorney(s) when present.
2-1.6. Order of Pleadings
All pleadings, together with documents and exhibits attached thereto, and orders of court pertaining thereto, shall be placed in the record in the order in which they are filed, except that answers to interrogatories (or similar inquiries) shall immediately follow the interrogatories.
The record in criminal cases shall also contain the indictment or the bill of information, and any pleas thereto 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 into 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 clearly marked with an exhibit number and the date of filing, and shall 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 into evidence at the trial court in the case on appeal, or on writs, and 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:
- the written reasons for judgment or transcribed oral reasons for judgment (if any);
- the judgment or order (final and interlocutory); and, in criminal cases, all orders, including the verdict, judgment, sentence, and disposition with respect to post-verdict motions; and
- the petition or motion and order for appeal, and bond (if any).
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. 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. The transcriptions shall be 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 offered and the volume and page where offered. The index shall also give the volume and page of any oral reasons for judgment.
In criminal cases, the record shall also contain all or any portion of the following if designated by the defendant, the state, or the trial judge: the 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.
2-1.10. Numbering of Pages
The pages in the record, whether in paper or electronic form, shall be consecutively numbered. If the paper 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 minute entries, pleadings, documents, written reasons for judgment, judgments, 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. Prior to the submission of the case for decision, any party may move to supplement the record with the omitted items upon showing that the items are material to a decision in the case.
2-1.12. Bulky Exhibits
Bulky or cumbersome documents, exhibits, and other physical or corporeal evidence shall not be filed with the record, unless otherwise ordered by the Court of Appeal. 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 in the record. Offers of proof (or proffers) shall be included in separate specially marked envelopes, properly identified. The duplicate record need not reproduce such items, but reference thereto shall be made.
2-1.13. Separate Records
Separate records shall be prepared of each case even though consolidated with another case for trial. Each record 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 the Court of Appeal may, with leave of court, be used, without necessity of duplication, in any other appeal or writ application.
2-1.15. Certificate of Clerk
The certified and duplicate copies of the original record shall each bear the certificate of the clerk of the trial court as to their completeness and authenticity. The trial court shall also certify the amount of court costs.
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. 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, the clerk of the trial court shall ensure 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. If the deposition is presented in electronic form, such as a CD or flash drive, it shall be placed in an envelope clearly marked with the exhibit number, the date of filing, the name of the deponent, and the party that introduced the deposition into evidence.
2-1.17. Designated Record
Notwithstanding the foregoing requirements, and subject to the minimum requirements provided by local rules of the Courts of Appeal, the parties may designate, in writing, portions of the record to constitute the record on appeal, as provided by law. If the Court of Appeal determines that it cannot undertake a proper analysis of the case on appeal without additional pleadings and/or transcripts, the court may require that additional pleadings and/or transcripts be supplemented into the record. The appellant shall be responsible for any cost associated with transcribing additional portions of the record not originally included in a designated record, and any cost associated with supplementing the record with the additional pleadings and/or transcripts.
Rule 2-2. Notice Of Appeal; Transmission of Record
2-2.1. Notice of Appeal
Within seven (7) days of the order of appeal, the clerk of the trial court shall transmit to the Court of Appeal 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.
2-2.2. Transmission of Record
In all appeals, the certified copy of the original record shall be timely transmitted to the office of the clerk of the Court of Appeal by the clerk of the trial court on or before the return date, or on or before any extension of the return date as may be granted in accordance with law. If the Court of Appeal orders the transmittal in conjunction with a request for supervisory review, a certified copy of the trial court record, in paper or electronic form, and one duplicate copy of the trial court record if in paper form, shall be provided by the clerk of the trial court to the clerk of the Court of Appeal within the time frame fixed by the Court of Appeal.
2-2.3. Notice of Lodging
Upon the lodging of the record on appeal, the clerk of the Court of Appeal shall forthwith notify counsel of record and each party not represented by counsel of the date of the lodging.
Rule 2-3.Criminal Appeals or Writ Applications from Courts of Limited Jurisdiction Wherein Testimony was Electronically Recorded
In all cases brought by appeal or writ application 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 or the writ application, 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
Cases shall generally be docketed by the clerk in the order in which they are lodged.
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 pursuant to the procedures established by 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 shall not be permitted to withdraw a record, but may make arrangements with the clerk to review the record at reasonable times in the clerk’s office. 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, or at the time the case is called for argument or submission.
2-7.2. Requirements of Other Motions
All other 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 Court of Appeal, the nature of the motion or pleading, the name of counsel filing the pleading, or the name of the self-represented litigant if unrepresented, and the name of the party on whose behalf it is filed. The pleading shall bear a certificate indicating 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.
2-7.3. Filing
Unless made in an electronic filing, an original and such number of copies of the pleading as the local rule of each court requires, shall be filed with the clerk of court. No other pleadings shall be considered by the court.
2-7.4. Summary Dismissal; Re-submission
- The court may summarily dismiss untimely or improperly filed motions or exceptions.
- The court may reject a proposed filing of a motion with other than a singular or alternative nature and, in lieu of, require the filing of separate motions.
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, and dated 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 shall 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 article 1313 to opposing counsel of record and to each opposing party not represented by counsel.
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 in the motion 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 by any other party, the appellant may, by ex parte motion, request that the appeal be dismissed. The appeal shall be dismissed only by order of the court.
2-8.5. Pre-lodging Dismissals
In cases where the parties desire to dismiss or to remand an appeal in which jurisdiction of the Court of Appeal has attached, but in which the record on appeal has not yet been lodged, the court may nevertheless consider a joint motion to such effect, provided the parties submit their motion signed by all counsel of record, and by each party not represented by counsel, 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 of Appeal 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 subject to dismissal 30 days thereafter unless a brief is filed within the 30-day period. If an appellant does not file a brief within 30 days after such notice is transmitted, the appeal shall be subject to dismissal 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 brief shall be filed within 20 days from the due date shown on the notice of abandonment.
2-8.7. Suspension of Briefing Delays
A party may by written motion request that the Court of Appeal suspend the 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 the briefing delays shall not suspend the delays; a suspension is effective only as ordered by the court.
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
No counsel may withdraw without leave of the Court of Appeal once the trial court is divested of jurisdiction. The motion to withdraw shall be signed by the attorney seeking the withdrawal.
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 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.
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 lodging of the record in the court and permission is granted. Pursuant to this Rule, the request for oral argument shall be in the form of a motion or a letter. A request for oral argument made within a party’s brief shall not be considered. A timely request for oral argument by one party shall be applicable to all parties. 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 shall extend to all parties, unless the right to orally argue had been forfeited.
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 shall be continued, except in extraordinary situations which the court deems to justify a continuance.
2-11.7. Submission Without Oral Argument
Any case docketed may be submitted at any time for decision without oral argument on the court’s own motion, or on the joint motion of all parties entitled to oral argument.
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. Notification of Docketing
The clerk shall post each docket 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 oral argument/submission; provided, however, that the 30-day notice required herein shall not be applicable if otherwise ordered by the court. The clerk shall note on the docket the dates and hours of sessions of court.
Rule 2-12. Briefs
2-12.1. Filing
Unless the brief is electronically filed, each party shall file an original and such number of copies of the brief in every case as the local rule of each court requires. All parties shall file briefs in every criminal appeal.
2-12.2. Preparation of Briefs
- 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 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 inch 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 submitted in appeals shall be subject to the following requirements and limitations:
- Original appellant and appellee briefs on paper measuring 8½ inches by 14 inches shall not exceed thirty-one pages; reply briefs on such paper shall not exceed thirteen pages. Original appellant and appellee briefs on paper measuring 8½ inches by 11 inches 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(1) and the table of authorities required by Rule 2-12.4, Subsection A(2).
- The size type in all briefs shall be: (a) 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 shall be filed in advance of the due date of the brief. Such a motion shall be granted only for extraordinary and compelling reasons and shall have no effect on the due date of the brief.
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 notice of lodging;
- the name or title of the court and the parish from which the case originated;
- 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 under the supervisory jurisdiction of the court;
- 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; and
- the name of counsel, with mailing address, email address, and telephone number, by whom the brief is filed, and a designation of the parties represented.
2-12.4. Appellant 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;
- the 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.
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- 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 not consider 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 shall be briefed. The court may deem as abandoned any assignment of error or issue for review which has not been briefed.
2-12.5. Appellee Brief
The brief of the appellee shall contain appropriate and concise responses and arguments to the assignments of error, contentions, and arguments of the appellant and shall conform to the requirements for the appellant 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).
2-12.6. Reply Brief
The appellant may file a reply brief, if he has timely filed an appellant brief, but it shall be strictly confined to rebuttal of points urged in the appellee brief. No further briefs shall be filed except by order of the 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 presented by the case which is pertinent to the issues raised in the case pending before the court; and (3) a citation to the page where this point has been raised in briefs before the 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.
- 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 requesting permission to file a supplemental brief.
2-12.7. Time to File
The brief of the appellant shall be filed not later than 25 calendar days after the lodging of the record in the court, and the brief of the appellee shall be filed not later than 45 calendar days after the lodging 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 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 accordance with 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 accordance with the provisions of the appropriate Rule regarding the appellee.
2-12.8. Extensions of Time
An extension of time within which to file a 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 is due. If an extension of time is granted to an appellant to file the appellant brief, time for filing the appellee brief shall be extended for a period of twenty days from the date of the extended time granted the appellant, without the necessity of a motion by the appellee. An extension of time may not be granted if such extension will retard the hearing or determination of the case.
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
Briefs in support of motions shall be filed with the motion. 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 the applicant’s brief would be helpful to the court in deciding the case. 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, such 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. Filing of Documents; Timeliness
All documents and required copies to be filed in a Court of Appeal shall be legible and shall be filed with the clerk. Filing may be accomplished by personal delivery or by mail addressed to the clerk. Filing may also be accomplished by facsimile or by electronic filing, if permitted by local rule. The filing of such documents by mail shall be deemed timely when the documents are mailed on or before the due date. If the documents 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. The filing of such documents by facsimile or by electronic filing shall be deemed timely if the facsimile or electronic filing is received by the clerk on or before the due date.
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 documents filed in a Court of Appeal by any party shall be served in accordance with the provisions of Louisiana Code of Civil Procedure article 1313 to opposing counsel of record and to each opposing party not represented by counsel.
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.
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 shall 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 the court deems additional time is needed for proper presentation of the case. Counsel, or self-represented litigants, shall not be required to use all of the allotted time. The time for argument may be shortened at the discretion of the court. When there are conflicts of interest between appellants or between appellees, the court shall 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, or self-represented litigants, 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 the court, be deposited with the court until the case is decided. With permission of the court, a photocopy of the pertinent material may be substituted in lieu of the book, 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 is given by the clerk. Failure to timely remove the item shall authorize the clerk to destroy the exhibit or make other disposition thereof as the court may deem proper. All such items not deposited with the court shall be removed by the end of the court’s session that day.
Rule 2-16. Decisions of the Courts of Appeal
The decisions of the Court of Appeal 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.
2-16.1. Opinions of the Courts of Appeal
Opinions of the Court of Appeal, 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 formal opinion:
- 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 Court of Appeal; and
- a statement that the memorandum opinion is issued in compliance with Rule 2-16.1(B).
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 Court of Appeal 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 the 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 Court of Appeal. The disposition may provide for dismissal, affirmance, remand, reversal, or any combination thereof as is 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 Court of Appeal 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).”
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 therefor are made in writing within the delays for rehearing following the rendition of the opinion.
2-16.4. Copies of Opinions
In every case, one copy of the opinion, when rendered, shall be transmitted by mail or electronic transmission to the trial judge, the clerk of the trial court, all appeal counsel of record, and all parties not represented by counsel.
Rule 2-17. Notice Of Judgment
2-17.1. Notice
Notice of judgment a Court of Appeal shall be transmitted by the clerk to all counsel of record, and to all parties not represented by counsel.
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.
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 with permission of the court, an application for rehearing shall not exceed 10 pages. An original and such number of copies as the local rule of each court requires shall be filed, unless the application for rehearing is filed electronically. 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 shall be filed with the clerk on or before fourteen days after the rendition of the judgment.
- In cases governed by the Code of Civil Procedure, an application for rehearing shall be filed with the clerk on or before fourteen days after transmission of the notice of the judgment.
- No extension of time for filing an application for rehearing shall be granted.
2-18.3. Support Brief
The applicant shall file the brief in support of the application for rehearing at the time the application for rehearing is filed. Unless the brief is filed electronically, the applicant shall file an original and such number of copies of the brief as the local rule of each court requires.
2-18.4. Additional Time for Brief
An applicant for rehearing may request additional time to file a brief in support of the application by filing a written motion with the clerk at the time the application for rehearing is filed. The court may grant the request for additional time for good cause shown.
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.
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 documents required by the Rules of Court to be transmitted by the clerk shall be sent to counsel of record for each party, and to any party not represented by counsel, to the mailing address, email address, or facsimile number on record with the clerk.
