New local rules at the La. 5th Circuit

The Louisiana Fifth Circuit has adopted two new local rules, both effective June 1, 2024.

Under new Local Rule 15, the court will have discretion to give expedited consideration to tutorship and interdiction cases.

New Local Rule 16 governs exceptions to the norm of three-judge panels. Here’s the full text of the new rule:

RULE 16: PANELS

In accordance with Louisiana Constitution, Article V, Section 8(A), the Fifth Circuit Court of Appeal shall sit in panels of three judges, except as follows:

A. A five-judge panel is convened in accordance with Louisiana Constitution, Article V, Section 8(B).

B. A five-judge panel is convened in cases arising under Chapter 9 of Title 18 of the Louisiana Revised Statutes [election contests and challenges] unless an en banc panel is required by law.

C. A five-judge panel, and, if necessary, an en banc panel, is convened if a majority of the judges sitting in a case cannot concur to render judgment.

D. An en banc panel is convened when precedent of the court is to be abrogated.

E. A panel of more than three judges may be convened in all other cases as the court deems necessary.