UNIFORM RULES

LOUISIANA COURTS OF APPEAL

RULE 1. THE COURT

RULE 2. THE PRACTICE

RULE 3. THE SPECIAL APPEALS

RULE 4. WRITS

RULE 5.  PROCEDURES FOR WRITS AND APPEALS IN CERTAIN CASES INVOLVING MINORS

COMMENTS ON RULES

UNIFORM APPLICATION FOR POST-CONVICTION RELIEF 

RULE 1.  THE COURT

Rule 1-1.  Promulgation and Effective Date of Rules; Amendments

1-1.1. Promulgation and Effective Date.

The Rules of Court shall be entered in the minutes of the court. They shall be promulgated by mailing a copy thereof to the clerk of court of each parish in the respective Court of Appeal Circuits and shall be published in the manner which the court deems most effective and practicable. They shall become effective on July 1, 1982.

1-1.2. Amendments.

Amendments of these Rules shall be promulgated and published in the same manner, and shall become effective as of the date fixed therein.

Rule 1-2.  Title and Scope of Rules

These Rules shall govern practice and procedure in all appeals and in all writ applications to the Louisiana Courts of Appeal, and shall be known as the 'Uniform Rules of Louisiana Courts of Appeal

Rule 1-3. Scope of Review

The scope of review in all cases within the appellate and supervisory jurisdiction of the Courts of Appeal shall be as provided by > LSA-Const. Art. 5, § 10(B), and as otherwise provided by law. The Courts of Appeal will review only issues which were submitted to the trial court and which are contained in specifications or assignments of error, unless the interest of justice clearly requires otherwise.

Rule 1-4. Sessions of Court

Unless the court orders otherwise, each Court of Appeal will hold sessions at its legal domicile.

Rule 1-5. Panels

The court ordinarily will sit in rotating panels, each composed of 3 Judges, as may be directed by the Chief Judge. In civil cases, when a judgment or ruling of a trial court is to be modified or reversed and one judge dissents, the case shall be reargued or resubmitted before a panel of at least 5 Judges if required by the constitution or by the local rules of the particular appellate circuit.  When an appeal is taken from an election case objecting to candidacy or contesting an election, the case shall be heard by the court as directed by law.  When authorized by law, or when the court deems it necessary to promote justice or expedite the business of court, the court may sit in panels of more than 3 judges or en banc.

As amended the 6th day of October, 2003

Back To Top 

RULE 2.  THE PRACTICE

Rule 2-1. Preparation of Record

The record for a Court of Appeal shall be prepared by the clerk of the trial court from which the appeal is taken, or to which the writ is directed, in accordance with the requirements set forth in this Rule.

Rule 2-1.1. Number of Copies.

The clerk of the trial court shall prepare a certified copy of the original record and one duplicate record for the Court of Appeal.

2-1.2. Production of Record.

The certified copy and the duplicate, which may be typewritten or produced by any acceptable copying or duplicating process, shall be prepared on white, unglazed, opaque paper of legal size, so as to produce a clear black image on white paper, with a margin at the top of each page of 2", and side margins of 1". The impression must be on one side of the paper only, and must be double-spaced, except for matter customarily single-spaced and indented. Illegible copies and photocopies produced on wet copiers are not acceptable. All copies must be legible. The duplicate record shall include all matters contained in the certified copy of the original record, except matters which are not reproducible.

2-1.3. Cover Inscription.

The records shall be bound in strong, flexible, looseleaf covers, 9" X 14 1/2", fastened at the top, so as to open flat at the top.

On the outside of the front cover of each volume, there shall be inscribed with proper separation of lines and spaces, and in the following order:

(1) the title of the court to which the record is directed;

(2) the docket number of the case in the Court of Appeal (to be given and entered by the clerks of the Courts of Appeal);

(3) the number of the volume of the record;

(4) the title of the case (the same title given in the trial court);

(5) the status of the parties;

(6) the name of the court and of the parish from which the case came, the number of the case in the court below, the division of the court, and the name of the judge who rendered the ruling or judgment to be reviewed;

(7) the names of counsel, with addresses and phone numbers, and the names of the parties represented; and

(8) the date of the filing of the record (to be entered by the clerks of the Courts of Appeal).

2-1.4. Indexes

The record shall contain a chronological index and an alphabetical index of the contents, which shall specify the volume and page on which the minutes of the trial court, each paper or filing, and the note of evidence appear. The chronological index shall be by item, date, and page of all filings (papers) in the record, and the alphabetical index shall be by item and page of all filings (papers) in the record.

There shall also be a chronological index of the documents and exhibits filed in evidence (showing on whose behalf filed).

2-1.5. Minute Entries of Trial Court

The record shall contain an extract of the pertinent minute entries of the trial court, and shall show the date of each entry, the action taken by the trial court, and the trial court judge presiding. In criminal cases, the extracts from the minute entries shall include, in chronological order, these items:

(1) opening of the court;

(2) impaneling of the grand jury by which the indictment was found (if prosecution by indictment);

(3) list of challenges for cause;

(4) list of peremptory challenges;

(5) list of petit jurors selected;

(6) list of evidence;

(7) list of witnesses;

(8) time when jury retired to deliberate, and time returned to render verdict;

(9) jury's verdict;

(10) trial court's judgment, ruling, and sentence;

(11) motion and order for appeal;

(12) the names of the defendant(s) and all attorney(s) when present.

2-1.6. Order of Pleadings.

All motions and pleadings, together with documents and exhibits attached, and orders of court pertaining thereto, shall be placed in the record in the order in which they are made or filed, except that answers to interrogatories (or similar inquiries) shall immediately follow the interrogatories.

The record in criminal cases shall also contain the indictment (information) and pleas in the order made, returned or filed.

2-1.7. Order of Documents and Other Evidence.

The record shall include exact copies of all documentary evidence and other evidence (including depositions filed in evidence) in the order in which such evidence was filed. If it is necessary that the original of any evidence be filed, such original must be filed separately and not attached to the record; however, there must be proper reference in the record showing such filing. No record of another case (or prior record in the same titled and numbered case) shall be included in the record, unless such other record has been introduced in evidence (at trial) in the case on appeal or on writs, in which event such other record shall accompany the record as an exhibit.

2-1.8. Order of Other Items

Other items in the record shall be arranged in the following order:

(1) written reasons for judgment, transcribed oral reasons for judgment, or order (if any);

(2) judgment or order (interlocutory and final); and, in criminal cases, all orders, including the verdict, judgment and sentence;

(3) petition (motion) and order for appeal, and bond (if any);

(4) assignments of error in criminal cases in numerical order, and the trial judge's per curiams (if any), each of which should follow the respective assignment of error. (If the evidence necessary to form a basis for an assignment of error has been transcribed elsewhere in the record, such as in a full transcript of the proceedings, it may be incorporated by reference to the appropriate volume and page of the record, so as to avoid unnecessary duplication in the record).

2-1.9. Transcript of Testimony

The verbatim transcript of oral testimony of the witnesses in the order in which it is taken shall be included in the record, preceded by an index setting forth the names of witnesses in the order called by the respective parties and the volume and pages of their examination on direct, on cross-examination, on re-direct, on re-cross and in rebuttal. This index shall also list and identify the exhibits, and offers of proof, and show by whom presented and the volume and page where offered. The index shall also give the volume and page of any oral reasons for judgment. The transcript of testimony shall indicate the party in whose behalf each witness was called (whether on direct, on cross-examination, or in rebuttal), and by whom examined or cross-examined.

In criminal cases, the record must also contain all or any portion of the following designated by the defendant, the state, or the trial judge: preliminary hearing; voir dire examination of prospective jurors; statements, rulings, orders, and jury instructions by the trial court; objections, questions, statements and arguments of counsel.  If the voir dire examination of prospective jurors is requested, it shall be accompanied with an index setting forth the names of the prospective jurors in the order called and the volume and page numbers of their examination.  This index shall also list whether the prospective juror was challenged, whether the challenge was for cause or peremptory, who raised the challenge and whether the juror was released or accepted. 

All transcripts filed with a Court of Appeal must comply with the Transcript Format Rules promulgated by the Louisiana Supreme Court.

2-1.10. Numbering of Pages

The pages in the record shall be consecutively numbered. If the record contains more than a total of 250 pages, it shall be bound in separate volumes, each containing not more than 250 pages. To the extent practicable, the extract of minute entries, motions and pleadings, documents, written reasons for judgment, judgments, and appeal pleadings and orders (also bonds, if any), shall be included in the first volume of the record, with the transcript of testimony and other evidence in subsequent volumes. The pages of the duplicate record shall be numbered to correspond with those of the certified copy of the original record.

2-1.11. Items to be Omitted.

Subpoenas, notices, and returns may be omitted from the record, unless they are at issue. Such items may be supplied upon timely application to this court by any party, upon showing their materiality.

2-1.12. Bulky Exhibits.

Bulky or cumbersome documents, exhibits, and other physical or corporeal evidence should not be filed with the record, unless otherwise ordered by the court. They may be included in specially marked envelopes, or other containers, with a list and identification of the enclosed items attached thereto, with proper reference noted on the record. Offers of proof (or proffers) should be included in separate specially marked envelopes, properly identified. The duplicate record need not reproduce such items, but reference thereto should be made.

2-1.13. Separate Records.

Separate records shall be prepared of each case even though consolidated with another case for trial. Each of such records shall be enclosed in a separate cover, with proper references indicating the consolidation thereof. The transcript of testimony in the consolidated cases may be included in only one of the records. Documentary evidence applicable to only one of the consolidated cases shall be enclosed in the appropriate record.

2-1.14. Use of Another Record.

Any record lodged in this court may, with leave of court, be used, without necessity of duplication, in any other case on appeal or on writ.

2-1.15. Certificate of Clerk.

The certified copy of the original record and the duplicate record shall each bear the certificate of the clerk of the trial court as to the completeness and authenticity thereof. The notice of appeal from the trial court shall also certify the amount of court costs.

2-1.16. Responsibility of Clerk.

It is the responsibility of the clerk of the trial court from which a case is appealed, or to which writs are directed, to prepare the record for a Court of Appeal. To assist in its preparation, the clerk of the trial court may require of its court reporter a legible copy of the transcript of testimony, and of the appellant (or party seeking review by this court) legible copies of all pleadings, depositions, and other papers to be included in the record.  In preparing the record for a Court of Appeal, the clerk of the trial court shall insure that depositions included as an exhibit consist of one page of deposition testimony per physical page and do not contain reduced images of multiple pages placed on one page.  If any deposition introduced into evidence in the case does not meet this standard, the party who introduced the deposition shall provide a certified true copy of the substandard document in the required format.

2-1.17. Designated Record.

Notwithstanding the foregoing requirements, the parties may designate, in writing, portions of the record to constitute the record in a Court of Appeal.

Rule 2-2. Notice Of Appeal; Filing of Record

2-2.1. Notice of Appeal.

Within seven (7) days of the granting of an order of appeal, the clerk of the trial court shall mail to the appellate court and the judicial administrator of the Supreme Court, the notice of appeal required by the Code of Civil Procedure or the Code of Criminal Procedure.

Amended - effective as of April 7, 2005

2-2.2. Additional Notice Requirements in Election Cases; Responsibility of Appellant and Clerk of Trial Court.

In any action objecting to candidacy or contesting an election, governed by the provisions of Title 18 of the Revised Statutes, the following notices to the appellate court shall be given by either or both the appellant and the clerk of court as provided below:

(1) Within 24 hours after signing of judgment, a party who is aggrieved by the judgment and who both obtains an order of appeal and provides the necessary bond, as required by the provisions of Title 18, shall give notice of the order of appeal to the clerk of the Court of Appeal by telephone and/or facsimile transmission; and

(2) Within 24 hours after an order of appeal has been obtained and a bond given, as required by the provisions of Title 18, the clerk of the trial court shall give notice of the order of appeal to the clerk of the Court of Appeal by telephone and/or facsimile transmission.

(3) The telephonic or facsimile transmission required above shall be immediately followed by the mailing of that notice to the clerk of the court of appeal.

2-2.3. Filing of Record.

In all cases appealed or in which a writ is granted, a certified copy of the original record and one duplicate record shall be filed timely in the office of the clerk of the Court of Appeal by the clerk of the trial court on or before the date fixed for the return of the appeal or of the writ, or such extension thereof as may be granted in accordance with law.

Rule 2-3. Criminal Appeals from Courts of Limited Jurisdiction Wherein Testimony was Electronically Recorded

In all cases appealed to a Court of Appeal from a judgment rendered in a criminal case by a parish, city, or municipal court, where the testimony of witnesses was electronically recorded, such electronic recording shall, before filing of the appeal, be transcribed, and a certified copy of the original transcription and one duplicate shall be prepared and filed in accordance with Rules 2-1 and 2-2.

Rule 2-4. Fees

The clerks of the Courts of Appeal shall charge the fees prescribed by law.

Rule 2-5. Docketing of Cases; Notification

2-5.1. Docketing.

Cases shall be docketed by the clerk in the order in which they are filed, under the same title used in the trial court.

2-5.2. Notification

Upon the filing of the record and the docketing of the case, the clerk shall forthwith notify counsel of record, and each party not represented by counsel, in writing, of the date of the filing and docketing.

Rule 2-6. Withdrawals of Records

A record may be withdrawn from the office of the clerk of a Court of Appeal by counsel of record upon giving receipt therefore to the clerk. The record shall be returned within such reasonable period of time as may be fixed by the clerk at the time of withdrawal. A party not represented by counsel is not permitted to withdraw a record, but may make arrangements with the clerk to review the record at reasonable times in the clerk's office, or in the office of the clerk of the trial court. Records are subject to recall by the court at any time.

Rule 2-7. Motions, Pleadings, Instructions to Clerk, Agreements of Parties

2-7.1. Motions in Open Court .

Motions which may be made in open court shall be made at the beginning of the daily session, before the first case is called for argument or submission.

2-7.2. Requirements of Other Motions

All other motions or pleadings (e.g., peremptory exceptions and answers to appeals) filed originally in a Court of Appeal shall be typewritten and double-spaced on white paper of legal size, with proper margins, and shall bear the number and title of the case in the appellate court, the nature of the motion or pleading, the name of counsel filing the motion or pleading, and the name of the party on whose behalf it is filed. Unless the motion or pleading bears a certificate showing that a legible copy thereof has been delivered or mailed to opposing counsel of record, and to each opposing party not represented by counsel, and showing the date of service thereof, it shall not be filed or docketed. All motions filed in a Court of Appeal shall include a proposed order.

2-7.3. Filing.

Unless made in open court, an original and 4 copies of each motion or pleading shall be filed, numbered, and docketed in the clerk's office for the clerk to present to the court for consideration. Unless previously filed, numbered, and docketed, such motion or pleading will not be considered by the court.

2-7.4. Summary Dismissal

The court may summarily dismiss untimely or improperly filed motions and pleadings.

2-7.5. Instructions and Agreements.

Instructions to the clerk, or agreements between the parties or their counsel, of which the court is expected to take cognizance, shall be in writing, signed by the parties or counsel, and filed in the clerk's office.

Rule 2-8. Motion to Dismiss or Remand, Pre-docketing Dismissals; Abandonment

2-8.1. Motion to Dismiss or Remand.

Motions to dismiss or to remand appeals shall comply with the provisions of Rule 2-7. Such motions shall be submitted to the court by the clerk without oral argument within 10 days following the date of filing; provided, however, the court may, in its discretion, fix any such motion for oral argument, or refer the motion to the argument on the merits. The mover to dismiss or to remand may file a brief with the motion, and the opponent may file an opposition brief within 7 days of the filing of the motion.

2-8.2. Service of Motion.

A copy of a motion to dismiss or to remand an appeal, together with a copy of the accompanying brief, if any, shall be delivered or mailed to opposing counsel of record, and to each opposing party not represented by counsel.

2-8.3. Joint Motion.

Any appeal may be summarily dismissed or remanded by order of the court where there has been a joint motion filed by all interested parties or their counsel of record, which shall set forth the reason for such action and which shall be supported by appropriate affidavits that the facts alleged are true and correct.

2-8.4. Ex Parte Motion.

Where there has been no timely answer to the appeal, or other formal action to amend or modify the judgment appealed, the appellant may, by ex parte motion, have the appeal dismissed, with leave of court.

2-8.5. Pre-docketing Dismissals.

In cases where the parties desire to dismiss or to remand an appeal in which jurisdiction of the appellate court has attached, but in which the record on appeal has not yet been lodged and docketed, the court may nevertheless consider a joint motion to such effect, provided the parties submit their motion signed by all counsel of record, together with, in the case of a motion to dismiss the appeal, the statement of counsel that all costs incurred in the trial court have been paid, or that counsel will be responsible for the payment of same. The motion shall be accompanied by a certificate from the clerk of the trial court indicating that the motion to dismiss or to remand has been signed by all counsel of record and by each party not represented by counsel. It shall show that the appeal bond, if required, has been filed or, in the case of a pauper suit, indicate the lack of necessity for an appeal bond.

2-8.6. Abandonment of Civil Appeal

For civil appeals, if an appellant does not file a brief within the time prescribed by Rule 2-12.7 or any extension thereof granted by the court as provided by Rule 2-12.8, a notice shall be mailed by the clerk to counsel for the appellant, or to the appellant if not represented, that the appeal shall be dismissed 30 days thereafter unless a brief is filed in the meantime. If an appellant does not file a brief within 30 days after such notice is mailed, the appeal shall be dismissed as abandoned. Provided, however, that irrespective of the time limit provided in Rule 2-12.7 for the appellee to file a brief, the appellee's brief shall be filed within 20 days from the due date shown on the notice of abandonment.

2-8.7. Suspension of Briefing Delays

A party may by written motion request that the Court of Appeal suspend briefing delays until such time as a ruling is made by the appellate court on any pending motion to dismiss or remand. If the court grants the request for suspension of the briefing delays and later denies the motion to dismiss or remand, the court shall set new briefing delays.

Rule 2-9. Substitution of Parties

The rules and procedures for substitution of parties provided by > LSA-C.C.P. Arts. 801-> 807 shall regulate the substitution of parties.

Rule 2-10. Withdrawal of Counsel

2-10.1. Withdrawal

No counsel may withdraw without leave of the appellate court once the trial court is divested of jurisdiction.

2-10.2. Motion and Order

Withdrawal shall be upon motion and order of the appellate court.

Rule 2-11. Assignment on Calendar

2-11.1. Assignment as Docketed.

Unless otherwise provided by law, or the court orders otherwise, the clerk shall assign cases for hearing on the calendar in the order in which they are docketed.

2-11.2. Special Assignment.

A special assignment may be given by the court in any case where the state or any subdivision thereof is a party, or in any matter impressed with the public interest, or in any case where the interest of justice clearly requires an immediate or special hearing.

2-11.3. Summary Disposition.

Cases may be assigned for summary disposition with or without oral argument when the court so orders.

2-11.4. Request for Oral Argument

Appeals in all cases shall be submitted for decision without oral argument, unless a written request for permission to argue orally is filed in the clerk's office by a party within fourteen (14) days after the filing of the record in the court, and permission is granted. Ordinarily timely requests for oral argument will be granted, except in cases assigned for summary disposition. When permission for oral argument has been granted to one party, the right to oral argument extends to all parties, unless the right to argue orally has been forfeited. A request for oral argument in letter form by one of the parties is acceptable.

2-11.5. Cases Carried Over.

A case assigned for oral argument that is not reached or in which the argument is not completed on the assigned day, shall go over to the next argument day, unless the court reassigns the case for a particular day.

2-11.6. Continuance.

No case fixed for argument or submission on the calendar may be continued, except in extraordinary situations which the court deems to justify a continuance.

2-11.7. Submission Without Oral Argument.

Any case docketed in this court may be submitted at any time for decision without oral argument, on joint motion of all parties or counsel of record.

2-11.8. Court's Authority to Hear Argument.

The court shall retain its authority to order oral argument in any case.

2-11.9. Calendar Of Assignments

The clerk shall post the calendar of assignments for hearing and mail it to all counsel of record, and to any party not represented by counsel, not less than 30 days prior to the date fixed for the hearing of a case on the calendar, provided, however, that the 30 day notice herein required shall not be applicable where there will be no oral argument. The clerk shall note on the calendar the dates and hours of sessions of court.

Rule 2-12. Briefs

2-12.1. Filing

Each party shall file an original and 7 copies of the brief in every case. All parties must file briefs in every criminal appeal.

2-12.2. Preparation of Briefs

Briefs may be printed (or lithographed), typewritten, or produced by any copying or duplicating process which produces a clear black image on white paper. Illegible copies and photocopies produced on wet copiers are not acceptable. Briefs may be typewritten or otherwise acceptably produced on either letter or legal-size, white, unglazed, opaque paper, with a margin of 1" on each side, using only one side of each page.  Briefs may be backed with a flexible or plastic manuscript cover, such as the customary "Blue back".  The text of briefs shall be double-spaced except for matters which are customarily single-spaced.  The pages in the briefs shall be numbered consecutively.

The requirements listed above shall apply to briefs submitted in appeals and in briefs or supportive memoranda submitted in connection with motions, applications for supervisory writs, applications for rehearing and shall be subject to the following requirements and limitations:

1. Original briefs on 8 1/2" X 14" paper shall not exceed twenty-eight pages; reply briefs on such paper shall not exceed thirteen pages. Original briefs on 8 1/2" X 11" paper shall not exceed thirty-eight pages; reply briefs on such paper shall not exceed eighteen pages.  These limitations do not include pages containing the cover, jurisdictional statement, syllabus, specification or assignment of errors, and issues presented for review.

2. The size type in all briefs will be (a) Roman or Times New Roman 14 point or larger computer font, normal spacing; or (b) no more than 10 characters per inch typewriter print.  A margin of at least one inch at the top and bottom of each page shall be maintained.  Footnotes may be single-spaced but shall not be used to circumvent the spirit of the rule.

3. A motion for leave to file a brief in excess of the page limitation of this rule must be filed at least ten days in advance of the due date of the brief. Such a motion will be granted only for extraordinary and compelling reasons.

2-12.3. Cover Inscription

Briefs shall state on the cover or on the title page the following:

(a) the title of the court to which it is directed;

(b) the docket number of the case in the court;

(c) the title of the case as it appears on the docket of the court;

(d) the name or title of the court and the parish from which the case came;

(e) the name of the judge who rendered the judgment or ruling complained of;

(f) a statement as to whether the case comes before the court on appeal or in response to a writ.

(g) a statement identifying the party on whose behalf the brief is filed and the party's status before the court;

(h) the nature of the brief, whether original, in reply, or supplemental;

(i) the name of counsel, with address and telephone number, by whom the brief is filed, and a designation of the parties represented, and a designation of 'appeal counsel';

(j) the designation of whether the case is a civil, criminal, juvenile, or special proceeding (state particular type of proceeding).

2-12.4. Appellant's Brief

The brief of the appellant or relator shall set forth the jurisdiction of the court, a concise statement of the case, the action of the trial court thereon, a specification or assignment of alleged errors relied upon, the issues presented for review, an argument confined strictly to the issues of the case, free from unnecessary repetition, giving accurate citations of the pages of the record and the authorities cited, and a short conclusion stating the precise relief sought.

A copy of the judgment, order, or ruling complained of, and a copy of either the trial court's written reasons for judgment, transcribed oral reasons for judgment, or minute entry of the reasons, if given, shall be appended to the brief of the complaining litigant on appeal. If reasons for judgment were not given, the brief shall so declare.

Citation of Louisiana cases shall be in conformity with Section VIII of the Louisiana Supreme Court General Administrative Rules. Citations of other cases shall be to volume and page of the official reports (and when possible to the unofficial reports). It is recommended that where United States Supreme Court cases are cited, all three reports be cited, e.g., > Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). When a decision from another state is cited, a copy thereof should be attached to the brief.

The argument on a specification or assignment of error in a brief shall include a suitable reference by volume and page to the place in the record which contains the basis for the alleged error. The court may disregard the argument on that error in the event suitable reference to the record is not made.

All specifications or assignments of error must be briefed. The court may consider as abandoned any specification or assignment of error which has not been briefed.

The language used in the brief shall be courteous, free from vile, obscene, obnoxious, or offensive expressions, and free from insulting, abusive, discourteous, or irrelevant matter or criticism of any person, class of persons or association of persons, or any court, or judge or other officer thereof, or of any institution. Any violation of this Rule shall subject the author, or authors, of the brief to punishment for contempt of court, and to having such brief returned.

2-12.5. Appellee's Brief.

The brief of the appellee shall conform to the requirements for the appellant's brief as set out in the preceding Rule, except that a statement of the jurisdiction, the facts and of the issues need not be included unless the appellee considers the statements of the appellant to be insufficient or incorrect. It should contain appropriate and concise answers and arguments and reference to the contentions and arguments of the appellant.

2-12.6. Reply Brief.

The appellant may file a reply brief, if he has timely filed an original brief, but it shall be strictly confined to rebuttal of points urged in the appellee's brief. No further briefs may be filed except by leave of court.

2-12.7. Time to File

The brief of the appellant shall be filed not later than 25 calendar days after the filing of the record in the court, and the brief of the appellee shall be filed not later than 45 calendar days after the filing of the record in the court. The reply brief, if any, of the appellant shall be filed not later than 10 calendar days after the appellee's brief is filed.

In the case of a timely order of appeal being obtained by a litigant subsequent to an earlier order of appeal obtained by a different litigant, the brief on behalf of the litigant whose order of appeal bears the earlier date shall be due in point of time under the provisions of the appropriate rule regarding the appellant. The brief on behalf of the litigant whose order of appeal bears the later date shall be due in point of time under the provisions of the appropriate rule regarding the appellee.

2-12.8. Extensions of Time.

An extension of time within which to file the brief may be granted by the court for good cause shown on written motion filed with the clerk of the court on or before the date the brief was due. If an extension of time is granted to an appellant to file the original brief, time for filing the appellee's brief is extended for a period of twenty days from the date of the extended time granted the appellant, without the necessity of a motion or request by the appellee. To preserve the right to oral argument, an appellee must file the brief within the extended twenty-day period, whether or not the appellant's brief is timely filed. An extension of time may not be granted if such extension will retard the hearing or determination of the case.

2-12.9. Specially-assigned Cases.

In cases specially assigned for argument, the briefs shall be filed as ordered by the court.

2-12.10. Briefs on Motions or Writ Applications.

Briefs in support of motions or applications for writs shall be filed with the motion or writ application. Briefs in opposition thereto shall be filed prior to decision by the court, or as may be ordered by the court.

2-12.11. Amicus Curiae Briefs.

Amicus curiae briefs may be filed only upon motion by the applicant and order of the court. The motion shall identify the interest of the applicant, state that the applicant has read the briefs of the parties, and state specific reasons why applicant's brief would be helpful to the court in deciding the cases. An amicus curiae may not request oral argument.

2-12.12. Untimely Briefs; Sanctions

If the brief on behalf of any party is not filed by the date that the brief is due, the party's right to oral argument shall be forfeited. The court may also impose other sanctions including, but not limited to, dismissal of the appeal when the appellant does not file a brief as provided for in Rule 2-8.6.

2-12.13. Non-conforming Briefs; Sanctions.

Briefs not in compliance with these Rules may be stricken in whole or in part by the court, and the delinquent party or counsel of record may be ordered to file a new or amended brief.

Rule 2-13. Timely Filing of Papers

All papers to be filed in a Court of Appeal shall be filed with the clerk. Filing may be accomplished by delivery or by mail addressed to the clerk. The filing of such papers shall be deemed timely when the papers are mailed on or before the due date. If the papers are received by mail on the first legal day following the expiration of the delay, there shall be a rebuttable presumption that they were timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or by official receipt or certificate from the United States Postal Service made at the time of mailing which indicates the date thereof.

Rule 2-14. Service of Legible Copies; Certificate

2-14.1. Service of Legible Copies.

Legible copies of all papers filed in a Court of Appeal by any party shall, at or before the time of filing, be delivered or mailed by the party to all other parties, or counsel of record.

2-14.2. Certificate

The fact of such service shall be evidenced by a certificate listing all parties and all counsel, indicating the parties each represents, and showing how and when such service was accomplished.

Rule 2-15. Oral Argument

2-15.1. Order of Argument.

The appellant shall have the right to open and close the argument. Where there are 2 or more appellants in the same case, the court will decide when the case is called for argument who shall open and who shall close the argument, unless the parties agree upon the order of presentation.

2-15.2. Length of Time.

The parties shall be allowed a period of time not to exceed 40 minutes, divided equally between opposing parties, unless additional time is allowed by the court for sound reason, or the court deems additional time is needed for proper presentation of the case. Counsel is not required to use all of the allotted time. The time for argument may be shortened in the discretion of the court. When there is a conflict of interests between appellants or between appellees, the court will decide upon the apportionment of the time allowed them for argument, unless they agree upon the apportionment.

2-15.3. Reading From Briefs.

Argument should not be read from a prepared text. Counsel shall not be permitted to read from briefs, except matters, such as quotations, which are customarily read.

2-15.4. Textual Materials and Exhibits

(a) Textual Materials. A book, treatise, or other textual material not conveniently available to the court, used as authority during argument by counsel, shall, on request of court, be deposited with the court until the case is decided. By leave of court, a photocopy of the pertinent material may be substituted in lieu of the book, the treatise, or other textual material.

(b) Exhibits for Demonstration. All models, maps, charts, diagrams, or other exhibits used for purposes of illustration, demonstration, or explanation during oral argument before the court (but not made a part of the record) and deposited thereafter with the court shall be removed by the party or counsel responsible for such use and deposit within 30 days after written notice given by the clerk. Failure to remove timely shall authorize the clerk to destroy the exhibit or make other disposition thereof as the court may deem proper.

Rule 2-16.  Decisions of the Appellate Courts

The decision of the appellate court may be expressed in one of the following forms:  a full opinion, a concise memorandum opinion, or a summary disposition conforming to the provisions of this rule.  All opinions and summary dispositions shall contain the names of the judges who rendered the opinion or summary disposition.

                As amended January 1, 2004.

2-16.1.  Opinions of the Appellate Courts.

Opinions of the appellate courts, whether authored or per curiam, shall be formal opinions or memorandum opinions.

A.  A case may be disposed of by formal opinion when at least one of the following criteria is satisfied.  The decision involved:

(1)  establishes a new rule of law or alters or modifies an existing rule;

(2)  involves a legal issue of continuing public interest;

(3)  criticizes or explains existing law;

(4)  applies an established rule of law to a factual situation significantly different from that in published opinions of the courts of this state;

(5)  resolves an apparent conflict of authority; or,

(6)  constitutes a significant and non-duplicative contribution to legal literature because it contains:

    (a)  an historical review of law;

    (b)  a review of legislative history; or,

    (c)  a review of conflicting decisions among the courts or other jurisdictions.

B.  Where the panel unanimously agrees that a case does not qualify for disposition by formal opinion, the case may be disposed of by a concise memorandum opinion.   A memorandum opinion shall succinctly state:

(1)  the court from which the appeal comes;

(2)  the germane facts, including the ruling of the lower court;

(3)  the issues and contentions of the parties when appropriate;

(4)  the reasons for the decision;

(5)  the judgment of the appellate court; and

(6)  a statement that the memorandum opinion is issued in compliance with URCA Rule 2-16.1.B

        As amended January 1, 2004.

2-16.2  Summary Disposition

A.  In any case in which the panel unanimously determines no jurisprudential purpose would be served by a written opinion and that any one or more of the following dispositive circumstances exist, the decision of the court may be made by summary disposition.  A summary disposition may be utilized when:

(1)  the appellate court lacks jurisdiction;

(2)  the disposition is clearly controlled by case law precedent, statute, or rules of court;

(3)  the appeal is moot;

(4)  the issues involve no more than an application of well-settled rules to recurring fact situations.

(5)  the opinion or findings of fact and conclusions of law of the trial court or agency adequately explain the decision;

(6)  no error of law appears on the record;

(7)  the trial court or agency did not abuse its discretion;

(8)  the record does not demonstrate that the decision of the trier of fact is clearly wrong (manifestly erroneous);

(9)  the record demonstrates that the evidence in support of a criminal jury verdict is not insufficient; or,

(10) the panel otherwise unanimously determines summary disposition is appropriate in accordance with the law and evidence.

B.   The court may dispose of a case by summary disposition with or without oral argument at any time after the case is docketed in the appellate court.  The disposition may provide for dismissal, affirmance, remand, reversal or any combination thereof as appropriate to the case.

C.  When a summary disposition is issued, it shall contain:

(1)  a statement describing the nature of the case and the dispositive issues without a discussion of the facts.

(2)  A citation to controlling precedent, if any; and

(3)  the judgment of the appellate court and a citation to one or more of the criteria under this rule which supports the judgment, e.g.,  "Affirmed in accordance with Uniform Court of Appeal Rule 2-16.2.A(1)."

                As amended January 1, 2004.

2-16.3  Publication and Citation.

A.   A formal opinion of a Court of Appeal shall be designated for publication unless a majority of the panel determines otherwise.

B.   A memorandum opinion or a summary disposition of a Court of Appeal shall not be designated for publication except by unanimous vote of the panel.

C.   Opinions and dispositions marked "Not Designated for Publication" shall not be cited quoted, or referred to by any counsel, or in any argument, brief, or other materials presented to any court, except in continuing or related litigation.  Opinions marked "Not Designated for Publication" shall be filed in the clerk's office as public records.

D.   The panel shall reconsider its decision not to publish an opinion upon the request of the trial judge or a party, provided that the request and reasons therefore are made in writing within the delays for rehearing following the rendition of the opinion.

                As amended January 1, 2004.

2-16.4. Copies of Opinions.

In every case, one copy of the published or unpublished opinion, when rendered, shall be delivered or mailed to the trial judge, the clerk of the trial court, all appeal counsel of record, and all parties not represented by counsel.

2-16.5. Certificate.

The clerk of this court shall file a certificate in the record showing the date on which and to whom the copy of opinion was delivered or mailed.

Rule 2-17. Notice Of Judgment

2-17.1. Notice.

Notice of judgment of a Court of Appeal shall be delivered personally or mailed by the clerk to all counsel of record, and to all parties not represented by counsel.

2-17.2. Certificate.

The clerk shall file a certificate in the record showing the date on which and the names of all parties or persons to whom the notice of judgment was delivered or mailed.

Rule 2-18. Rehearing

2-18.1. Application for Rehearing.

An application for rehearing shall state with particularity contentions of the applicant and shall contain a concise argument in support of the application. Except by permission of court, an application for rehearing shall not exceed 10 pages. An original and 4 copies of the application for rehearing shall be filed. Oral argument in support of the application will not be permitted.

2-18.2. Time to File.

(A) In cases governed by the Code of Criminal Procedure, an application for rehearing must be filed with the clerk on or before 14 days after the rendition of the judgment.

(B) In cases governed by the Code of Civil Procedure, an application for rehearing must be filed with the clerk on or before 14 days after the personal delivery or mailing of the notice of the judgment and opinion of the court.

(C) No extension of time for filing an application for rehearing shall be granted.

2-18.3. Support Brief

The applicant shall file an original and 4 copies of a brief in support of the application for rehearing at the time the application for rehearing is filed.

2-18.4. Additional Time for Brief.

If the applicant for rehearing needs additional time for filing of brief in support of the application, a written request for additional time, explaining the cause of the need therefore, shall be made in the application and the court may grant or refuse the requested extension.

2-18.5. Granting of Rehearing.

When a rehearing is granted, the case shall be submitted, with or without oral argument, as ordered by the court.

2-18.6. Repetitive Applications.

When a case has been decided on rehearing, another application for a rehearing will not be considered unless the applicant has not theretofore been granted a rehearing, or unless the court has expressly granted the right to apply for another rehearing.

2-18.7. When Rehearing Will Be Considered

An application for rehearing will be considered in cases where the court has:

(A) Granted a writ application on the merits;

(B) Dismissed an appeal; or

(C) Ruled on the merits of an appeal.

Rule 2-19.  Frivolous Appeal

The court may award damages for frivolous appeal in civil cases as provided by law.

Rule 2-20. Notices or Copies by Clerk, Sufficiency of

All notices or copies of papers required by these Rules to be given by the clerk shall be delivered personally or mailed by the clerk addressed to appeal counsel of record for each party, and to any party not represented by counsel, to the address shown by the record or to the address furnished to the clerk.

Back To Top 

RULE 3.  THE SPECIAL APPEALS

Rule 3-1. Administrative Cases

3-1.1. Application for Appeal

Every application for appeal from a final decision of any administrative body shall be filed with the appropriate administrative body in writing as required by law and shall