Rule 1-1. Binder or Cover for Records in Appeals
Effective for appeals lodged on or after January 1, 1987, all records shall be bound in strong, flexible, looseleaf binders or covers of 25 pt. pressboard material. The front cover shall be 9″ x 14-1/2″ and the back cover shall be 9″ x 15-1/4″, so as to allow a 3/4″ tab on the back cover. Covers shall have 1″ hinged flaps with two reinforced holes, 4-1/4″ center to center and 9/16″ top to center, end-tab scored for label placement, and shall be fastened at the top, so as to open flat at the top.Adopted Nov 26, 1986. Filed Nov 26, 1986
Rule 2-1. Jurisdictional Index
The clerk of each trial court in the parishes of this circuit shall include in the record of each appeal to this court a jurisdictional index in the form shown as Appendix A – Civil Jurisdictional Index, and as Appendix B – Criminal Jurisdictional Index. The jurisdictional index required by this rule is in addition to the indices required by Rule 2-1.4, URCA.Adopted by Court Conference Feb 27, 1984. Filed Feb 27, 1984.
Rule 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 mail to the appellate court the notice of appeal required by the Code of Civil Procedure or the Code of Criminal Procedure.Adopted by Court Conference May 1, 1996. Filed May 1, 1996.
Rule 2-2.2. Additional Notice Requirements in Election Cases;
Responsibility of Appellant and Clerk of the Trial Court
RECALLED September 25,2014
Rule 2-2.3. Minimal Requirements for Civil Appellate Record
While parties may designate portions of the record on appeal under the authority of C.C.P. Art. 2128 and URCA 2-1.17, the following items shall be included in the record when pertinent to the case being appealed regardless of the written designation by parties:
- Petitions – original, supplemental and/or amending naming all parties
- Answers and cross-pleadings
- Signed pauper order, if claimed
- Any judgment which dismisses a party or parties to the suit (partial judgments under La.C.C.P. Art. 1915)
- All signed final or partial judgment(s) complained of (being appealed) and any reasons for judgment (transcribed oral reasons or written reasons)
- All notices of judgment(s)
- Motions for new trial or judgment notwithstanding the verdict
- Disposition of new trial or judgment notwithstanding the verdict motions
- Notices of new trial or judgment notwithstanding the verdict dispositions
- Motion(s) and order(s) for appeal, notices of return date and/or proof of costs paid
- Motions/letters requesting designation of the appellate record if such request was made, and the concise statement required by La. C.C.P. Art. 2129.
- Motion(s) and signed order(s) of consolidation if applicable (copies of order should be placed in both records)
- All minute entries required by Rule 2-1.5
Adopted by Court Conference Oct, 17, 2002. Promulgated in Compliance with URCA Rule 1-1 and filed into the Minutes of the Court, Oct 17, 2002
Rule 2-3. Failure to File Briefs, Criminal Cases
If counsel in a criminal case does not file a brief within the time specified either by Rules 2-12.7 or 2-12.8, URCA, or by the court, the court may order counsel to file a brief within a delay fixed by the court. If counsel fails to file a brief within the delay ordered by the court under this special rule, the court may cite counsel for contempt and impose penalties as provided by CCrP Arts. 17-25.Adopted by Court Conference as Rule 2-2, Apr 6, 1984. Renumbered as Rule 2-3 effective May 1, 1996.
Rule 2-4. Criminal Appeals, Written Assignments of Error, sanctions for failure to file timely
As required by C.Cr.P. Art. 844, a written designation of the assignments of error to be urged on appeal in a criminal case shall be filed with this court on or before the date of the filing of appellant’s brief and shall include certification that a copy of the assignment has been provided to the trial judge. When filed with the appellant’s brief, the assignments of error will not be included in the page limitations as stated in URCA Rule 2-12.2(1).
Failure to timely comply with the above rule shall result in rejection of the appellant’s brief as authorized by URCA – Second Circuit Supplemental Rule 2-5 and/or shall subject either or both the appellant and his counsel to sanctions as provided in C.Cr.P. Art. 844(C).Amended and Adopted by Court Conference Sep 16, 1999 – Filed Sep 16, 1999. Promulgated in accordance with URCA Rule 1-1 and Effective – Sep 27, 1999
Rule 2-5. Rejection of Briefs not in compliance with URCA
The Clerk of the Second Circuit Court of Appeal will reject all briefs which do not conform to the requirements of Uniform Rules of the Courts of Appeal – Rules 2-12.1 through 2-12.6, Rules 2-14.1, 2-14.2, and the Second Circuit Local Supplementing Uniform Rules 2-4, 15 and 15.1. (Note URCA Rule 2-12.13). The Clerk of the Second Circuit Court of Appeal may reject a brief if the requirement of the Second Circuit Local Supplementing Uniform Rule 2-8(2) is not met. (Note URCA Rule 2-12.12).
If the Clerk must reject a brief which was received by mail, the brief will be returned at the filing parties’ expense.
If a brief is rejected and the party subsequently corrects the insufficiency and resubmits the brief for filing within seven (7) days from the date of rejection or by the current brief due date, whichever is greater, the brief will be considered timely for purposes of oral argument only. (Note URCA Rule 2-12.12).
For all other purposes, a brief that is rejected by the Clerk on the last day of any delay set by this Court will be considered untimely.Adopted by Administrative Court Conference of June 18, 1998. Promulgated in Compliance with URCA Rule 1-1 June 26, 1998. Amended and Promulgated as Amended September 27, 1999. Amended and Promulgated as Amended May 11, 2017, Effective May 31, 2017. Amended and Promulgated as Amended September 19, 2019, Effective September 19, 2019
Rule 2-6. Criminal Pro Se Briefing Notice
In all criminal appeals, counsel for the defendant shall complete the pro se briefing notice issued by this office and attached to the notice of lodging and briefing order. Counsel shall attach the original completed pro se briefing form to a copy of the brief to be filed with this court and mail the notice and copy of the brief to the defendant. The date of notice and mailing to the defendant shall not be later than the date the brief is filed with this court.
A copy of the completed form shall also be attached to counsel’s brief and submitted to this court for filing within the briefing delays established by the clerk of court. Any brief submitted by counsel will be rejected by the clerk of court if a copy of the form is not attached to the brief at the time of its submission to this court or if the form is incomplete.Adopted by Court Conference Apr 23, 2008. Filed with the Clerk of Court Apr 23, 2008. Promulgated May 2, 2008, Effective May 1, 2008.
Amended by Court Conference Aug 7, 2008. Filed Aug 8, 2008. Promulgated Aug 8, 2008
Rule 2-7. Criminal Certificate of Service – Defense and Pro Se Briefs
All criminal defense briefs filed with this court shall contain a Certificate of Service, properly setting forth service has been made upon opposing counsel and the defendant showing how and when such service was accomplished.
All pro se filings with this court shall contain a Certificate of Service indicating that service has been made on current counsel of record for the defendant, if any, and counsel for the State showing how and when such service was accomplished.
Any filings submitted without the proper certificate of service may be rejected by the clerk of court and returned to the filing party (Rule 2-5)Adopted by Court Conference Apr 23, 2008. Filed with the Clerk of Court Apr 23, 2008. Promulgated May 2, 2008, Effective May 1, 2008.
Amended by Court Conference Aug 7, 2008. Filed Aug 8, 2008. Promulgated Aug 8, 2008
Rule 2-8. Withdrawal and Return of the Record
- Appeal records may only be withdrawn from the clerk’s office prior to being submitted to docket, except as permitted in subsection (3) herein. Exhibits to appeal records may not be removed from the court, but may only be reviewed in the clerk’s office. Appeal records may be withdrawn and shipped, at the party’s cost; however, under no circumstance will an appeal record be shipped out of state.
- The appellate record must be returned with the appellate brief in order for the brief to be considered timely filed. Failure to return the record timely may result in rejection of the filing, imposition of late fees and forfeiture of oral argument, and any other sanctions deemed necessary by the Court. See, Uniform Rules-Courts of Appeal, Rule 2-12.12.
- The appellate record shall not be withdrawn from the clerk’s office after a case has been submitted on docket except for (a) the purpose of preparation of applications for rehearing to this court, or (b) the purpose of preparation of a writ application to the Louisiana Supreme Court. In either case the record shall be returned by the counsel withdrawing same in not more than five (5) days.
Adopted May 16, 2019, effective May 31, 2019.
Adopted by Administrative Court Conference of May 19, 2022. Promulgated in Compliance with URCA Rule 1-1 May 19, 2022. Amended and Promulgated as Amended May 19, 2022, Effective June 1, 2022
Rule 3-1. Number of Copies for Application for Rehearing and Support Briefs
All filings, in appeals or writs, shall require an original and a duplicate. However, when filings are made electronically (pursuant to Rule 5-2 and Appendix F) or via facsimile (pursuant to Rule 5-1), that filing will be deemed the original and a duplicate is not required.Adopted by Court Conference Nov 26, 1986. Filed Nov 26, 1986.
Adopted by Administrative Court Conference of May 19, 2022. Promulgated in Compliance with URCA Rule 1-1 May 19, 2022, effective June 1, 2022
Rule 4-1. Fees to be Charged by the 2nd Circuit Clerk of Court
The Clerk of the Second Circuit Court of Appeal shall charge and collect the following fees authorized by statute and by this court rule, effective July 1, 2024.
Rule 5-1. Facsimile Filings
Facsimile filings will only be accepted by this court in the case of an emergency writ. The rules governing acceptance of facsimile filings are contained in Appendix C.Adopted by Court Conference – Aug 26, 1993
Rule 5-2. Electronic Filing
Electronic filings (“e-filings”) will be accepted by this court. The rules governing acceptance of e-filings are contained in Appendix F.Adopted by Court Conference – Sep 16, 2021. Effective Nov 1, 2021.
Rule 6-1. Expedited Appeal Involving Minors
THIS RULE WAS RECALLED DUE TO THE ADOPTION OF RULE 5, UNIFORM RULES OF LOUISIANA COURT OF APPEAL. PLEASE SEE UNIFORM RULES, RULE 5. (external link)
Rule 7. Motions to Dismiss in Criminal Cases
Any Motion to Dismiss submitted in a criminal case shall contain an affidavit signed by the defendant indicating he has been advised of the Motion to Dismiss and agrees to the dismissal of the appeal or writ application. Any Motion to Dismiss received without this affidavit will not be considered by this court and will be returned unfiled.Adopted by Court Conference Mar 25, 1999. Filed Mar 25, 1999. Promulgated in compliance with URCA Rule 1-1 Mar 25, 1999
Rule 8. Inclusion of Bar Roll Numbers on Appellate Records and Filings
In addition to the requirements for the cover inscription provided by Rule 2.1-3(7) and 2-12.3(i) of the URCA, the cover inscription shall contain, after the name of each counsel of record, the bar roll number of the attorney.Adopted by Court Conference Mar 25, 1999. Filed Mar 25, 1999. Promulgated in compliance with URCA Rule 1-1 Mar 25, 1999
Rule 9 – Motion to Waive Oral Argument; sanctions:
Counsel’s failure to appear for oral argument once a timely request for argument has been filed and the case docketed for oral argument causes inconvenience to the Court and to opposing counsel. Accordingly, it will be the policy of the Court to require counsel to file a written motion requesting leave of Court to waive oral argument. An original and one copy of the motion are to be filed with the Clerk of Court not later than seven days prior to the date of the scheduled argument. Counsel’s motion shall contain a statement advising if the request to waive argument is limited to the moving party. If the motion is made on behalf of any other party, it shall also be signed by counsel for that party. The motion to waive oral argument shall contain certification of service listing all parties and all counsel as required by URCA Rule 2-12.2. The Court will act promptly on the motion and the Clerk of Court will give expeditious notice of the Court’s decision to all parties.
If counsel fails to timely file such motion with the Clerk of Court and fails to appear for the scheduled argument, a fine of up to $200 may be imposed and, if imposed, shall be paid by counsel within thirty days from the date of assessment.Adopted by Court Conference Oct 21, 1999 – Filed Oct 21, 1999. Promulgated in accordance with URCA Rule 1-1 and Effective Oct 22, 1999
Adopted by Administrative Court Conference of May 19, 2022. Promulgated in Compliance with URCA Rule 1-1 May 19, 2022, effective June 1, 2022. Amended and Promulgated as Amended May 19, 2022, Effective June 1, 2022
Rule 10. Unpublished Opinions Posted to the Internet
Act No. 644 of the Regular Session 2006 enacted Code of Civil Procedure Article 2168 which provides for the posting of unpublished opinions on Internet websites and provides that such opinions may be cited as authority.
In light of Act No. 644, the Court directs the clerk of court to post the text of all opinions, both opinions designated for hard copy publication and those not designated for publication, to this court’s website and to release the text of all opinions to participating publishing companies for electronic publication commencing with opinions rendered by this Court on or after August 15, 2006.Adopted by Court Conference Aug 17, 2006. Promulgated in compliance with URCA Rule 1-1, Aug 22, 2006
Rule 11. Notice of Settlement
In every civil case, appellant, either personally or through counsel, shall give this Court immediate notice of the settlement or pending settlement of a case on appeal. The notice shall include specifics as to the expected completion of the settlement and submission of joint motion to dismiss the pending appeal; the joint motion to dismiss must be filed within 30 days of the notice of settlement unless a later date is authorized by the court. When a civil case has been set for hearing on an appellate calendar and is orally argued, an appellant or counsel for appellant who fails to give the required notice within 14 days after the case is orally argued may be sanctioned for contempt. When a civil case has been set on an appellate calendar and is submitted without oral argument, an appellant or counsel for appellant who fails to give the required notice within 14 days after the last day of oral argument for that appellate calendar may be sanctioned for contempt. Notice of pending settlement shall not prevent the Court from rendering an opinion.Adopted by Court Conference Jun 14, 2007; Effective Jun 15, 2007. Promulgated in compliance with URCA Rule 1-1 and 1-2 on Jun 15, 2007
Rule 12. Appellee’s Brief RECALLED effective May 1, 2014
Rule 13. Writ Intake Form
All original writ applications filed in this court shall include a completed writ application intake form. The writ application intake form is published in the Appendix E.Adopted by Court Conference April 3, 2014. Filed with the Clerk of Court April 9, 2014. Promulgated April 9, 2014; Effective April 9, 2014
Rule 14. Electronic Signatures
The judges and clerks of this Court are authorized to use electronic signatures on all court documents in accordance with law. “Clerk” shall refer to the clerk of court as well as the clerk’s deputies and assistants.Effective September 26, 2016
Rule 15. Briefs – Certification for Attachments
All appeal briefs with attachments shall contain the following certification:
“I hereby verify that all attachments to this brief have previously been duly filed and/or accepted or proffered into evidence in the lower court, to the best of my knowledge, information and belief. I understand that failure to comply with this local rule may result in the refusal to consider said attachments. WILLFUL FAILURE TO COMPLY WITH THIS LOCAL RULE MAY SUBJECT ME TO PUNISHMENT FOR CONTEMPT OF COURT.”
No attachments will be considered if not filed and/or accepted or proffered in the lower court unless by Order of this Court for good cause shown.Adopted May 11, 2017, effective May 31, 2017; amended May 16, 2019, effective May 31, 2019.
Rule 15.1 Briefs – Certification for Briefs with No Attachments
All appeal briefs with no attachments shall contain the following certification:
“I hereby verify that there are no attachments required with this brief.”Adopted May 16, 2019, effective May 31, 2019.
Rule 16 Time to Respond to Non-Expedited Writ
When an application for supervisory writs has been filed, a party has the right to respond. However, the court may adjudicate the application at any time after receipt, with or without the benefit of a response. If within fifteen days after the date on which a non-expedited application for supervisory writs has been filed, a response has not been filed, it shall be presumed that a response will not be forthcoming. No extensions of time to file a response will be granted. Adopted by Court Conference of May 19, 2022. Promulgated in Compliance with URCA Rule 1-1 May 19, 2022, effective June 1, 2022
Rule 17 Writ Applications seeking Expedited Consideration
A writ application seeking expedited review pursuant to U.R.C.A. 4-4 (B) and (C), shall be filed as soon as possible after the trial court’s ruling, and in no event later than fifteen days from the applicable Time to File provision of U.R.C.A. 4-3, relating to civil and criminal writ applications. Failure to comply with this rule without good cause may be grounds for denial of expedited review, with review in regular course if the application is otherwise timely.
Comment
This Court’s ability to address issues raised in writ applications requesting expedited review can be significantly impaired when applicants elect to wait until the last day of the thirty-day period for seeking review to request expedited consideration. Such late-filed requests often create unnecessary emergent circumstances which place a significant burden on this Court.
Adopted by Court Conference of January 5, 2023
Promulgated in Compliance with (JRCA Rule 1-1 January 5, 2023, effective January 5, 2023
