TMI—TF: too much information—too fast
Timeliness of writ application in court of appeal

Time to oppose an LASC writ application: 15 30 days

Here’s a rule change I just found out about.1 Before April 1, 2024, the time to file an opposition to a writ application in the Louisiana Supreme Court was 15 days after filing of the writ application. But effective April 1, Rule X § 6 now gives the opposing party 30 days to file an opposition. This expanded time to file an opposition comes with the caveat that “[n]o extensions of this deadline shall be granted unless the party can demonstrate through clear and convincing evidence that the delay was the result of circumstances beyond its control.” An official comment explains the LASC’s rationale for this amendment:

The court is cognizant that in many cases, the prior fifteen-day opposition deadline was too short for opposing parties to adequately respond to issues raised in the application, which has resulted in the filing of motions for extension of time. While the court encourages the filing of oppositions, motions for extension can delay consideration and affect the court’s ability to rule upon applications in a timely fashion. To balance these competing concerns, the fifteen-day opposition deadline has been increased to thirty days, with the condition that no extensions will be permitted. The only exception to this prohibition is for truly exceptional situations where the party can demonstrate through clear and convincing evidence that the inability to file the opposition timely was due to circumstances beyond the party’s control. Circumstances within a party’s control, such as errors in calendaring the delay or conflicting obligations, shall not constitute a basis for extension under this rule.  


1 Hat tip to my colleague Martin Stern for this.


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