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October 11, 2006

Amendments to Uniform Rules of La. Courts of Appeal

The Louisiana Conference of Court of Appeal Judges has approved several amendments to the Uniform Rules of Louisiana Courts of Appeal, effective November 1, 2006. You can download a copy of the amendments by clicking here. Lawyers who file appeal briefs or writ applications will want to be aware of the following amendments:

1. Rule 2-13 has been amended to state that if you file by mail, proof of timely filing includes a postmark, a receipt for mailing, or, if you file by FedEx, UPS, or other "bonafide commercial service," an official receipt from the commercial service. "Any other date stamp, such as a private commercial mail meter stamp, shall not be used to establish timeliness."

2. Rule 3-2 has been amended to speed up communication in election cases, to allow various notices to be sent by e-mail "if directed by the Court of Appeal."

3. Starting November 1, writ applications and attachments must be hole punched and bound in two places along the top margin, preferably with 4 1/4 inch metal file fasteners such that no part of the text on any page is obscured, and in sections consisting of no more than 250 pages ...." Also, the statement of the case must "includ[e] the status of the case at the time the writ application is filed, in order to reflect any trial dates or hearing dates that are pending ...." See amendment to Rule 4-5.

4. Once the writ application is filed, if any trial or hearing date is set, or any date included in the writ application is changed or continued, the applicant must notify the Court of Appeal within three business days, either by fax or (if directed by the Court of Appeal) by e-mail. Within one week of the setting or scheduling change, the applicant must file a supplement to the writ application with the new information.

Posted by RPW at October 11, 2006 04:40 PM
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