RULES OF THE
EXAMPLE OF ORDER
IT IS ORDERED THAT:
Section 1. On motion of any party, or on its own motion, the Court may order a pre-trial conference. The pre-trial procedure shall be in accordance with Article 1551 of the Code of Civil Procedure. At the pre-trial conference, all counsel must be fully prepared to inform the Court on all matters pertinent to the issues. The pre-trial conference shall be by telephone, unless a conference is requested by one of the parties and/or ordered by the Court. It shall be the duty of the party who requested the conference to arrange the necessary phone connections, for the time set by the Court. If trial counsel is unable to attend the pre-trial conference, he shall send someone in his stead who will be authorized to enter in stipulations, agreements, admissions of fact or law and be able to discuss all issues of the case, including the possibility of settlement.
RULE VIII. MEMORANDUM REQUIRED WITH EXCEPTIONS AND MOTIONS FOR SUMMARY JUDGMENT.
Section 1. All exceptions and motions for summary judgment shall be accompanied by a
brief written statement of the facts and reasons in support of the exception or motion and a memorandum of authorities on which the party relies. Copies shall be furnished to opposing counsel. Each party opposing the exception or motion for summary judgment shall serve and file, no later than one (1) day before the hearing, a brief statement of the facts and reasons advanced in opposition to the exception or motion and a memorandum of authorities relied on. Any exception or motion for summary judgment which is filed without a memorandum of authorities annexed shall be dismissed. Attorneys appearing without having timely filed the required memorandum of authorities may not be permitted to argue.
RULE IX. PRE-TRIAL BRIEFS.
Section 1. Except for good cause shown, a pre-trial brief shall be submitted by the parties to a trial on the merits at least five (5) working days prior to trial. It will not be necessary to file such a brief in connection with rules for alimony or child support, or suits on notes or open accounts unless there are unusual or complicated issues of law or fact to be considered. Briefs shall set forth the facts expected to be proved, the issues involved and the law pertaining thereto in that order. Supplemental briefs may be filed at anytime. Failure to file a brief will result in such disciplinary action as the Court may deem necessary.
RULE X. SUBMITTING OF CASES AND FILING OF BRIEFS.
Section 1. A case or other matter shall be considered as fully submitted for a decision immediately upon the conclusion of trial or hearing.
Section 2. If the Court, in an exceptional case, orders post-trial or post-hearing briefs, or orders the transcript prepared, plaintiff shall be allowed a maximum of twenty (20) days in which to file a brief; defendant shall be allowed a maximum twenty (20) days from the filing or lapse of time for filing plaintiff’s brief (whichever occurs sooner) within which to file a brief. If the defendant timely files a brief, plaintiff shall be allowed a maximum of ten (10) days to file a rebuttal brief. When briefs are ordered, the case or matter shall be considered fully submitted on the day following the day of the latest timely filing of a brief or, at the latest, the day following the last day for filing of briefs. The Court may, upon application in writing and for good cause, extend the time for filing a brief for a reasonable period, not to exceed the original time granted.
Section 3. If a transcript of the evidence, in an exceptional case, is deemed essential and is ordered by the Court, it shall be filed within thirty (30) days following the conclusion of trial or hearing. When necessary, for good cause shown, one (1) extension may be granted by the Court not to exceed an additional fifteen (15) days for filing of the transcript.
Section 4. When post-trial or post-hearing briefs have been ordered, counsel has the responsibility of obtaining the record from the Clerk, and shall return same to the Clerk with the filing of their brief or upon the expiration of the permitted delays, whichever is sooner. After all briefs have been filed, or after the expiration of all delays for the filing of briefs, the Clerk shall deliver the record to the Judge who presided at the trial of the case.
Section 5. All briefs shall be filed with the Clerk of Court who shall note on the brief the date of receipt. A copy of all briefs shall be mailed or delivered to the trial judge. The Judge may refuse to receive or consider a brief filed after the delay for filing such brief has expired.
Section 6. A copy of each brief filed in a pending case must either be handed or mailed to all opposing counsel by the attorney filing same at or prior to the time the brief is filed with the court, which fact shall be made to appear by a certificate of the attorney to that effect endorsed on the brief.
RULE XI. TRIALS AND HEARINGS, GENERALLY.
Section 1. At all trials or hearings and upon first addressing the Court or taking any part in such trials or hearings, counsel shall announce his or her name and the name of the party or parties he or she represents.
Section 2. Only one counsel for each separate interest shall conduct the examination of any one witness, present argument or urge objections with respect to the testimony of that witness, except with leave of court.
Section 3. Before referring to or using or offering into evidence any exhibit, (whether book, paper, document, model, diagram, or any other type of exhibit), counsel shall first ensure that it is marked for identification.
Section 4. The Court, in its discretion, upon motion of counsel or upon its own motion, may require that a non-jury civil case be argued orally and submitted immediately upon the conclusion of taking testimony. The time for oral arguments shall be designated by the Court as to each party entitled to argue the matter.
RULE XII. SUBPOENAS.
Section 1. In ordering subpoenas, attorneys must give the residence of witness, or must state where the witness can be found, if within their knowledge.
Section 2. Orders for witnesses or requests for the issuance of subpoenas must be in writing and must be submitted to the Clerk of Court’s office. Subpoenas for witnesses residing in the parish where the trial is conducted shall be applied for at least seventy-two (72) hours before trial. Subpoenas for witness residing outside of the parish where the trial is being conducted shall be applied for at least ten (10) days before trial.
To expedite the trial of cases, and to insure timely subpoenaing of witnesses, attorneys desiring witnesses subpoenaed shall submit a written list of the names and complete physical addresses of the witnesses to the Clerk of Court, at least ten (10) legal days in advance of the trial for those witnesses living in the parish. Costs for subpoenas shall accompany the requests or the subpoenas shall not be issued, except as provided by law.
Section 3. The sheriffs and their deputies shall make personal service of subpoenas for witnesses where possible; otherwise, they must state in their return what efforts were made to make such service.
RULE XIII. RECORDS.
Section 1. Only attorneys at law shall be permitted to withdraw records and they shall abide by the Clerk of Court’s procedure for checking out records. All records shall be returned to the Clerk of Court’s office within seventy-two (72) hours of being removed. All attorneys at law from out of town must have an order signed by the Judge allowing them to check out a record and said record must be returned to the Clerk of Court, in person, no later than seven (7) days from the date removed.
RULE XIV. DOMESTIC RELATIONS PROCEEDINGS; MEDIATION.
Section 1. All petitions seeking ex parte order for provisional custody of children shall be accompanied by a separate affidavit of the party seeking custody setting forth how long the child or children have been in the petitioner’s custody and in what manner the physical custody was obtained.
Section 2. In each separation or divorce case where an answer is filed by the defendant in
propria persona, the trial may not proceed unless either the defendant is present in Court, or the plaintiff shows by competent evidence that the defendant was notified in writing of the date and hour scheduled for the trial which notice must have been given to defendant not less than (10) days prior to the date of the trial.
Section 3. The fixing of child support shall be in accordance with LSA R.S. 9:315, et seq. The parties shall complete the worksheet set forth in LSA R.S. 9:315.14. Each party shall attach to the worksheet the verified income statement and documentation required by LSA R.S. 9:315.2A. This worksheet shall be signed by both parties and their attorneys and shall be filed in the record.
Section 4. Whenever any party requests joint custody, each party shall, not later than twenty-four (24) hours prior to the trial of issue, file in the court record and submit a copy to the presiding Judge a plan of implementation.
The plan of implementation shall include provisions for:
(a) The residence of the child;
(b) Financial support;
(d) Holidays, birthdays and vacation visitation;
(f) Religious Training;
(g) Access to the child’s records;
(h) Medical and dental care;
(i) Communication between the child and parents; and
(j) Conflict resolution.
Section 5. When it appears on the fact of a petition or motion that custody or visitation is an issue for decision, the Court may require the parties to mediate. In any custody or visitation proceeding, if the rule is contested on the date fixed in the Order, when the case is called, a pre-trial conference will be held. If no settlement is agreed upon, the Court may require the parties to mediate their differences. The mediator shall be selected by the Court.
The Court may apportion the costs of the mediation between the parties. Unless otherwise ordered by the Court, costs of mediation shall be equally divided between and paid by the parties. All mediation will be handled on a fee schedule based on income.
Noncompliance with the provisions of the order of Mediation will subject such party to the contempt powers of the Court.
Upon resolution of the controversies by the parties, the mediator shall prepare and provide to each party a written, signed and dated agreement, verified by the mediator, setting forth the settlement terms of the controversies. If an agreement is reached by the parties through mediation, a consent judgment and/or plan of mediation incorporating the agreement shall be prepared by respective counsel for each of the parties. The consent judgment and/or plan of mediation shall be submitted to the Court for its approval and signature.
Section 6. When custody or visitation is or appears to be an issue for decision, each party shall provide to the Court prior to the time fixed for trial of the rule a verified income statement showing gross income and adjusted gross income, together with documentation of current and past earnings. The documentation shall include a copy of each party’s most recent federal tax return. Failure to provide the statement and documentation shall result in the party being assessed the maximum mediation cost per hour pursuant to the income-based fee schedule.
RULE XV. LOUISIANA PROTECTIVE ORDER REGISTRY.
Section 1. In accordance with La. R.S. 46:2136.2 (C), all temporary restraining orders, protective orders, and judgments containing orders of protection issued pursuant to any motion, rule, petition, or reconventional demand, as well as motions to modify, dissolve or dismiss said orders or judgments, shall be submitted to the Court on the forms mandated by law. Copies of forms may be obtained from the Clerk of Court, the Louisiana Protective Order Registry, 1555 Poydras Street, Ste. 1540, New Orleans, Louisiana 70112-3701, or its web site at http://www.lajao.org.
Section 2. Before a dismissal judgment is signed, all costs must be paid in full.
RULE XVI. INSTRUCTIONS TO COURT OFFICERS AND STIPULATIONS.
Section 1. Court Reporter.
The official Court Reporter shall attend each session of the Court and preform such duties as prescribed by law or assigned by the presiding Judge.
Request by counsel for the transcript of any proceeding in Court shall be by oral motion in open court entered upon the Minutes or by written request therefor directed to the Court Reporter and all costs associated therewith must be paid in advance before any transcription begins.
Section 2. Clerk of Court.
The Clerk of Court or his officially delegated deputy acting as Minute Clerk shall be in attendance at all times while the Court is in session.
The minutes of each session shall be entered into a permanent Minute Book.
The Clerk of Court is not required to accept any civil suit or pleading therein which does not comply with the Uniform Rules of the Court of Appeal.
Section 3. All instructions and orders to the Sheriff and Clerk must be in writing and, if required, shall be produced in Open Court.
Section 4. All stipulations or agreements of counsel must be signed and filed in the record, or they must be announced in Open Court, taken down by the Court Reporter and a transcript of such stipulations or agreements filed in the record.
RULE XVII. WITHDRAWAL OF REPRESENTATION BY COUNSEL.
Section 1. All motions to withdraw as counsel must be presented to the judge for review and signature.
Section 2. Prior to the mailing or serving of a notice by the Court for the purpose of assigning the case for hearing or trial, any attorney may, by ex parte order, be permitted to withdraw his/her representation of a party litigant.
Section 3. Following the mailing or serving of such hearing or trial notice, an attorney may withdraw his/her representation of a party litigant only upon contradictory motion and hearing and for good cause shown. All opposing counsel, unrepresented parties, and the party whom the attorney represents shall be served with a copy of the motion and order to show cause why mover should not be permitted to withdraw. The Court shall not grant the motion if doing so would necessitate the delaying or reassignment of the case for trial.
Section 4. An attorney seeking to withdraw by ex parte order shall give notice of same to all counsel of record and shall certify in his motion that the client has been advised of his withdrawal and that the other provisions of this rule in reference to notice to other parties have been complied with, that there is no pending trial or hearing that will be delayed because of the withdrawal of counsel, and shall provide an address where the client may be served directly with future notices. In all cases of withdrawal, the attorney shall advise the party he was previously representing, by certified mail, that he is no longer counsel to him and shall further advise him of the status of the case on the Court’s docket. Evidence of such notification shall be filed in the record of the pending procedure.
Section 5. Nothing in this rule shall be construed to prevent the substitution of counsel for a litigant at any time prior to commencement of hearing or trial, provided that the motion to substitute is signed by both the withdrawing attorney and the one to be enrolled.
RULE XVIII. ENROLLING AND WITHDRAWING AS COUNSEL IN CRIMINAL CASES.
Section 1. Counsel in criminal cases may enroll by written or oral motion. Withdrawal of counsel shall only be allowed for good cause shown after contradictory hearing with the District Attorney’s office. Failure of a defendant to pay attorney fees shall not automatically be considered good cause for withdrawal.
RULE XIX. FILING OF PLEADINGS BY USE OF FACSIMILE MACHINE.
Section 1. When deemed necessary by the filing attorney, this Court will accept motions and pleadings sent to the Court by use of facsimile machine. If the copy is accepted by the Court, the original motion or pleading must be filed in the Clerk of Court’s Office within five (5) legal days from the date the facsimile copy was filed.
RULE XX. DEAD DOCKET AND DISMISSAL.
Section 1. Each year, on the last day of June, all civil suits in which no action has been taken or no order has been entered for at least one (1) year preceding that date shall be transferred to the Dead Docket. In all such cases transferred to the Dead Docket, refunds shall be made of the unexpended deposits of court costs, if the deposits exceed the costs; or, if the accrued costs exceed the deposit, upon notification by the Clerk of Court, the plaintiff shall make a sufficient deposit to cover such excess. When a case has been transferred to the Dead Docket, no further action shall be taken until the case has been restored to the current docket.
Section 2. A suit which has been transferred to the Dead Docket may be restored to the current docket upon motion of any counsel of record or party to the suit, provided that at the time such motion is made the party desiring to have the case restored to the current docket presents and files a certificate of the Clerk of Court to the effect that some action has been taken in the prosecution of the case within the preceding five (5) years.
Section 3. Not later than January 1st of each year, the Clerk of Court shall present to the Court a list of all actions that have been abandoned under Article 561 of the Louisiana Code of Civil Procedure, and which have not been dismissed, and the Judge of the Court forthwith shall enter an Order formally dismissing the same.
Section 4. All civil judgments of dismissal tendered to Judge(s) for signature shall have annexed to them a Clerk’s certification indicating that all costs have been paid. No judgment of dismissal shall be signed without the accompanied certificate unless same is waived by the Clerk of Court.
RULE XXI. APPEALS.
Section 1. The Clerk shall estimate costs and send a statement to the appellant and counsel for all parties. The appellant shall remit payment within twenty (20) days, and the Court may grant a twenty (20) day extension for good cause shown.
Section 2. After the record is prepared, the Clerk shall refund any difference or send notice regarding additional costs due, in the same manner as the original statement. Appellant must remit payment of any additional costs within twenty (20) days of mailing of notice.
Section 3. Upon its own motion or the motion of any interested party, including the Clerk of Court, the Court may find that the appellant has failed to pay costs, and the Court may:
RULE XXII. COMMUNICATION WITH JURORS.
Section 1. No attorney, party litigant, or other person shall contact any prospective juror, or a member of a prospective juror’s immediate family, for the purpose of obtaining information concerning the background of any prospective juror.
Section 2. After trial or following a verdict, no juror has any obligation to speak to any person about any case and may refuse all interviews or comments. No person may make repeated requests for interviews or questions after a juror has expressed his or her desire not to be interviewed.
Section 3. No juror or alternate juror who consents to be interviewed may disclose any information with respect to the following:
1. The specific vote of any juror other than the juror being interviewed.
2. The deliberations of the jury.
3. For the purposes of obtaining evidence of improprieties in the jury’s deliberation.
Section 4. After trial or following a verdict, no party or other attorney shall, personally or through another person, contact, interview, examine or question any juror or alternate juror or any relative, friend or associate thereof, except on leave of court granted upon good cause shown.
RULE XXIII. FORMAT OF DOCUMENTS.
Section 1. All pleadings, motions, exceptions and judgments, except public documents or similar exhibits, shall be typewritten on good white unglazed paper of legal size with a margin at the top of each page of not less than two inches and a left and right hand margin of not less than one inch. The impression must be on one side of the paper only and must be doubled spaced, except for matters customarily single-spaced and indented. All documents shall contain the title and number of the case and the nature of the filing. The required form for such filings shall substantially conform to the following example:
RICHARD DOE : 31ST JUDICIAL DISTRICT COURT VS. NO. _____________ : PARISH OF JEFFERSON DAVIS JOHN DOE : STATE OF LOUISIANA FILED:______________ : DTY CL._____________________ PETITION
Section 2. Every pleading of a party represented by an attorney shall be signed by at least one attorney of record and shall state the attorney’s individual name, office or street address, telephone number, zip code and bar roll number. All notices shall be addressed to such attorney.
Section 3. A party appearing pro se shall sign the pleading and state the party’s full name, address, telephone number and zip code.
Section 4. Any change of address must be noted in the record, with copies of such notice mailed to other counsel or parties pro se. The failure to do so will bar such attorney or party pro se from pleading the non receipt of any notice mailed to the former address.
Section 5. A motion for an extension of time shall contain a statement as to whether it is for a first or subsequent extension.
Section 6. The Judge, at his discretion, in any particular case or circumstance, by oral order may change or suspend any of said rules, or in any case or matter, may order that a procedure different from that prescribed in said rules be adopted or followed.
Section 1. All pleadings shall be taken to the Clerk of Court’s office for filing. Initial filings, including all succession maters and minor’s settlements, shall be filed with the clerk and randomly assigned a docket number. The clerk shall then deliver all filings which have an attached order or judgment to the judge. After acting on the requested relief, the judge shall return the original filing to the clerk.
RULE XXV. AMENDMENT, RESCISSION OR SUSPENSION OF RULES.
Section 1. Any or all of the above rules may be amended or rescinded, and new or additional rules, may be added, at anytime by written order of the Judge spread upon the Minutes of the Court.
Section 2. The Judge, at his discretion, in any particular case or circumstances, by oral order may change or suspend any of said rules, or in any case or matter may order that a procedure different from that prescribed in said rules be adopted or followed.
|THUS DONE AND SIGNED at Jennings, Jefferson Davis Parish, Louisiana, on this_________ day of _______________________, 2008.|
Affidavit of Financial Condition