The Louisiana First Circuit sent this announcement by e-mail to members of the LSBA Appellate Section. I am reproducing it here for anyone who didn’t receive the e-mail. In essence, the court is moving toward electronic notification in lieu of notification by mail.
The Louisiana First Circuit Court of Appeal instituted a voluntary Email Notification Program in November, 2009. For the past three years, the program has been enormously successful. Over 2,100 attorneys and parties without counsel have registered for the program and less than 1% have cancelled. In January, the First Circuit is taking the final step to fully implement emailing as an official transmission method for notices of judgment and dispositions of the Court.
The prior law provided that the delay for applying for a rehearing or a writ of certiorari to the Supreme Court runs from the mailing of the notice of judgment and opinion of the appellate court. During the 2012 Regular Session of the Legislature, Act 290 was passed to amend Code of Civil Procedure articles 2166 and 2167 and Children’s Code article 1143. Coordinating changes to the Uniform Rules of Louisiana Courts of Appeal, posted to the announcement section on the First Circuit website, www.la-fcca.org, were adopted in October to take effect January 1, 2013. The changes to the law and rules provide that as of January 1st, the delay for applying for a rehearing or a writ of certiorari to the Supreme Court will run from the date of transmission of the notice of judgment. “Transmission” is defined as the sending by U.S. mail, email, or fax.
Beginning January 1st, the First Circuit clerk’s office will issue a “Notice of Judgment and Disposition” with each opinion and writ application decision issued by the Court. This Notice will comply with the First Circuit’s newly adopted Local Rule 6. Local Rule 6 states that U.S. mailing addresses are to be included on the Notice, but if the Notice is sent to a person by email or fax, the email address or fax number will be printed below the U.S. mailing address for that person. Furthermore, Local Rule 6 states that the clerk will transmit the notice by only ONE of the three transmission methods. Local Rule 6 insures that all litigants are made aware of who received the notice, when, and by what transmission method.
Email notification is sent from email@example.com with the First Circuit docket number in the subject line and with an electronic image in PDF format of the issuance attached. The advantages for ENotification registrants is that they receive their transmissions from the Court much more quickly than those who opt for U.S. mail. Furthermore, the opinion or disposition of the Court is attached to the email, so the recipient can immediately review it without having to take the extra steps to access the Court’s website. From the Court’s perspective, the ENotification program has significantly reduced costs for postage, printing and copying and has helped the Court deal with recent budget cuts. For more information or to sign up for Enotification, check out the First Circuit website at www.la-fcca.org or call the clerk’s office at 225-382-3000.
Hope you all decide to participate!
Christine L. Crow
Clerk of Court, First Circuit Court of Appeal
P.O. Box 4408
Baton Rouge, Louisiana 70821
I, for one, welcome this change; electronic notification is more timely and, lately, more reliable than notification by mail.