Louisiana Civil Appeals

A webinar for relatively new La. lawyers

On October 26–28, the Louisiana State Bar Association is offering the 61st Bi-Annual “Bridging the Gap” webinar, designed to bridge the gap between law school and law practice. The program offers 14 hours of CLE, including a one-hour presentation by yours truly on appellate practice. For more information about the webinar, follow this link.

Invaluable advice for LASC writ applications

I recently came across an old Louisiana Bar Journal article with invaluable advice for anyone thinking about applying for writs to the Louisiana Supreme Court: Get That Writ: Civil Writ Practice Before the Louisiana Supreme Court, 48 La. B.J. 120 (Aug. 2000), by Isaac H. Ryan and J. Todd Benson. If you’ve never read this article before, do yourself a favor: download it and read it.

One important thing the article discusses is the Louisiana Supreme Court’s own perception of its role as one of developing the law rather than correcting errors. An understanding of that role is essential in persuading the court that your case is the one out of a hundred (give or take) worthy of the court’s attention. The Louisiana Supreme Court itself discussed its own view of its role in Boudreaux v. State, DOTD, 2001-1329, p. 3 and id. nn. 5–6 (La. 2/26/02), 815 So. 2d 7, 9–10 and id. nn. 5–6.

Also worth reading are cases in which the Louisiana Supreme Court overcomes its reluctance to exercise its supervisory jurisdiction over other Louisiana courts. The theme in these cases is the Supreme Court’s respect for the independence of other courts in fulfilling their roles and to avoid usurping appellate jurisdiction not conferred on the Supreme Court by the Louisiana Constitution. These cases include the following:

• Mayeux v. Charlet, 2016-1463, p. 7 and id. n. 5 (La. 10/28/16), 203 So. 3d 1030, 1035 and id. n. 5.
• Unwired Telecom Corp. v. Parish of Calcasieu, 2003-0732, pp. 9–10 (La. 1/19/05), 903 So. 2d 392, 400–01.
• Marionneaux v. Hines, 2005-1191, pp. 4–5 (La. 5/12/05), 902 So. 2d 373, 376–77.
• State v. Wimberly, 414 So. 2d 666, 670 (La. 1982).

And of course, anyone filing a writ application in the Louisiana Supreme Court must know and follow La. Supreme Ct. Rule X § 1(a).

E-filing in the La. 2nd Circuit

The Louisiana Second Circuit has promulgated a new local rule authorizing e-filing, effective November 1, 2021. To read or download a copy of the new rule and the e-filing procedure, follow this link.

CLE materials on persuasive brief writing

Last July, I gave a CLE presentation on making every part of a brief persuasive—even the cover. This presentation built on one I participated in last March with Kelly Becker and Judge Sandra Cabrina Jenkins (La. 4th Cir.). While the March presentation was based on the Louisiana rules, the July presentation was based on the federal rules. For anyone who’s interested, here are links to the July version of the written materials and slide presentation. 

Fourth Circuit update

After I wrote my last blog post, summarizing the status of the Louisiana Courts of Appeal, I was reminded of an order issued yesterday by the Fourth Circuit, superseding its prior order closing the court indefinitely. According to yesterday’s order, the Fourth Circuit will remain closed through September 19 and will reopen on September 20. Any filings due during the closure will be timely if filed by September 27. To view the Fourth Circuit's September 7 order, follow this link.

Order by La. Courts of Appeal following Hurricane Ida

In response to Hurricane Ida, the Louisiana First, Second, and Fifth Circuits have issued orders extending deadlines to September 27. With those orders in mind, here is a circuit-by-circuit breakdown of the state of affairs in our Courts of Appeal:

• The First Circuit is closed through September 19. Any filings otherwise due between August 26 and September 26 will be timely if filed by September 27. 
• The Second Circuit is open and will hold oral arguments on September 20 and 21. But filings due through September 24 will be timely if filed by September 27.
• To my knowledge, the Third Circuit has not issued any orders related to Hurricane Ida since August 27. My guess is that the court will issue an order conforming its deadlines to the governor’s executive order of September 6.
• The Fourth Circuit remains closed indefinitely. The Fourth Circuit is closed through September 19 and will reopen on September 20. Filings otherwise due during the closure period will be timely if filed by September 27. 
• The Fifth Circuit is closed through September 19. All filings due between August 27 and September 19 will be timely if filed by September 27.

The Fourth and Fifth Circuit orders do not address filings due on September 20 through 24. The Fifth Circuit’s order was issued on September 4, two days before Governor Edwards’s September 6 executive order that suspended all legal deadlines through September 24. The Fourth Circuit’s order was issued on September 7, the day before the governor’s executive order, but may have been in the works before the court was aware of the governor’s executive order.

Hurricane Ida: Extensions of deadlines

Here is a rundown of recent orders by the Louisiana Supreme Court and Governor Edwards responding to the aftermath of Hurricane Ida.

Yesterday, Governor Edwards signed Executive Order 170 JBE 2021. Section 2.1 of this order suspends “legal deadlines in all legal proceedings in all courts, administrative agencies, and boards ... until September 24, 2021. To read or download a copy of this order, follow this link.

Last Tuesday, the Louisiana Supreme Court issued two orders:  

• An order closing the Louisiana Supreme Court through Sunday, September 19, with reopening scheduled for September 20. Any filings that otherwise would be due during the closure period will be timely if filed no later than September 20. I don’t know whether Executive Order 170 JBE 2021 supersedes this order by tacking on an extra four days. But recent experience with the early days of the COVID-19 emergency indicate that the Louisiana Supreme Court may issue a follow-up order to conform its own deadlines to the governor’s order. To view or download the Supreme Court’s order, follow this link.
• An order extending prescription, peremption, and abandonment periods for thirty days from the governor’s August 26, 2021 declaration of a state of emergency. The authority for this order comes from code articles enacted last year. Code of Civil Procedure article 562 authorizes the Supreme Court to extend the abandonment period for up to 90 days follow the governor’s declaration of a state of emergency or disaster. Civil Code article 3472.1 authorizes the Supreme Court to extend prescriptive or peremptive periods for up to 90 days following a declaration of emergency or disaster. To view or download a copy of this order, follow this link.

Hurricane Ida court closures

Greetings, everyone. For the first time since Hurricane Ida hit, I finally have a WiFi connection. So let’s catch up on the status of the Louisiana Supreme Court and our appellate courts.

• The Louisiana Supreme Court is closed through Sunday, September 19, and is scheduled to reopen on Monday, September 20. Any filings that otherwise would have been due before September 20 will be deemed timely if filed by September 20. Here’s a link to the order.
• The Louisiana First Circuit is closed through Friday, September 3. But filing deadlines are extended to September 27. Here’s a link to the order.
• The Louisiana Second and Third Circuits were closed on Monday, August 30. They’re  now re-opened for business as usual.
• The Louisiana Fourth and Fifth Circuits are closed until further notice. In the Fourth Circuit, anything due while the court is closed will be timely if filed within 3 days after the court resumes normal operations. Here’s a link to the Fourth Circuit's order. In the Louisiana Fifth Circuit, anything due while the court is closed will have to be filed no later than the day the court reopens. Here’s a link to the La. Fifth Circuit’s order. 
• The U.S. Fifth Circuit has cancelled all proceedings scheduled for August 30 through September 2. The court has also extended all pending deadlines by seven days, except for deadlines in expedited appeals. Here’s a link to the U.S. Fifth Circuit’s order.