La. 3 Cir. Citation Manual
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La. 2nd Circuit rule for expedited writ applications

Common sense says that, if you file a writ application seeking expedited consideration, you should file as soon as you can. The longer you take to file, the more of a time crunch you’re imposing on the court of appeal, which the court’s judges won’t appreciate.

Earlier this year, the Louisiana Second Circuit adopted a local rule codifying that bit of common sense. Local Rule 17 requires a writ application seeking expedited consideration to 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.” In the accompanying comment, the court explains the rationale for the rule, a rationale applicable to any writ application in any court seeking expedited consideration:

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.

In adopting this local rule the Second Circuit appears to be following the Louisiana Supreme Court’s example. The LASC has a 10-day rule for writ applications seeking expedited consideration. (See this 10 Aug. 2022 blog post about that.)

Obviously, you shouldn’t antagonize the judges if you want them to look favorably on your writ application. Instead, enhance your ethos by showing the judges that you value their time.

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