|
Rules
for Louisiana District Courts |
TITLE II
RULES FOR CIVIL (EXCEPT FOR FAMILY, JUVENILE OR DOMESTIC
RELATIONS) PROCEEDINGS IN DISTRICT COURTS
Includes Amendments through November 3, 2008
(November 3, 2008 Amendments effective January 1, 2009)
Chapter 9 Procedure
Rule 9.0 Daily Order of Business
Rule 9.1 Matters Scheduled But Not Heard
Rule 9.2 Matter Heard by Judge to Whom Allotted
Rule 9.3 Allotment; Signing of Pleadings In Allotted or Non-Allotted Cases (see also,
Appendix 3)
Rule 9.4 Presentation of Pleadings to the Court (see also, Appendix 7)
Rule 9.5 Court’s Signature; Circulation of Proposed Judgment
Rule 9.6 Form of the Pleadings
Rule 9.7 Signing of Pleadings
Rule 9.8 Exceptions and Motions
Rule 9.9 Memoranda Supporting or Opposing Exceptions and Motions
Rule 9.10 Motions for Summary Judgment
Rule 9.11 Executory Process
Rule 9.12 Enrollment as Counsel of Record
Rule 9.13 Withdrawal as Counsel of Record
Rule 9.14 Fixing for Trial or Hearing; Scheduling Orders; Contact with Jurors (see also, Appendix 8)
Rule 9.15 Subpoenas
Rule 9.16 Agreements and Stipulations
Rule 9.17 Continuances
Rule 9.18 Oral Arguments
Rule 9.19 Defaults
Rule 9.20 Appeals to District Court
Chapter 10 Discovery
Rule 10.0 Interrogatories
Rule 10.1 Discovery Motions
Chapter 11 Alternative Dispute Resolution and Special Masters
Rule 11.0 Louisiana Mediation Act
Rule 11.1 Certification of No Opposition to Mediation
Chapter 12 Jurors, Costs, Challenges, Exemptions
Rule 12.0 Deposit for Jury Costs
Rule 12.1 Central Jury Pool
Chapter 13 Civil Litigation Filed by Inmates
Rule 13.0 Petitions Filed by Offenders/Prisoners (see also, Appendix 9A, B, & C)
Rule 13.1 Declaration of Inmate Counsel
Rule 13.2 In Forma Pauperis Inmate Suits (see also, Appendices 9 & 10)
Rule 13.3 In Forma Pauperis Affidavits Filed by Inmates in District Courts (see also,
Appendix 9D & E)
Rule 13.4 Parole Revocation Appeals
Chapter 9 PROCEDURE
Rule 9.0 Daily Order of Business
To provide for the expeditious administration of justice, to the extent practicable the court shall hear uncontested matters and the trials of motions or exceptions on days on which trials on the merits are not scheduled.
If uncontested matters and the trials of motions or exceptions are heard on days on which trials on the merits are scheduled, the court will, where practicable, maintain the following order of business:
(a) Uncontested matters, including preliminary defaults.
(b) The trial of motions or exceptions that do not require the testimony of witnesses.
(c) The trial of motions or exceptions that require the testimony of witnesses.
(d) Trials on the merits.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.1 Matters Scheduled But Not Heard
Whenever practicable, matters should be heard in the order placed on the docket. If the trial of a matter is begun but not concluded before court is adjourned, that trial should take precedence the following day, when practical.
If the court is unable to hear a scheduled matter, the matter should be rescheduled for hearing at the next available date and time.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.2 Matter Heard by Judge to Whom Allotted
Except as allowed by La. Code Civ. Proc. art. 253.3, all contested matters must be heard by the judge to whom the matter was allotted. If all parties and the court receiving the matter consent, a judge other than the one allotted the action may hear the matter. The judge to whom the action has been allotted may designate the order-signing judge or any other judge to sign such orders and set such hearings, and in his or her absence, to hear such matters where necessary to comply with law, or when deemed to be an emergency, in accordance with La. Code Civ. Proc. art. 253.3.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.3 Allotment; Signing of Pleadings In Allotted or Non-Allotted Cases
All pleadings filed shall be randomly assigned to a particular section or division of the court in accordance with La. Code Civ. Proc. art. 253.1 before presentation of a pleading to any judge. The method of allotment for each district court is set forth in Appendix 3. Provided, to the extent allowed by La. Code Civ. Proc. art. 253.3, each district court shall designate in Appendix 3: (1) those matters that ordinarily will not be allotted to a particular section or division of the court and instead will be signed by the duty judge or by any judge authorized to sign such pleadings; and (2) those pleadings that, although filed in actions that will be allotted, may be presented for signature to the duty judge or to any judge authorized to sign such pleadings.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.4 Presentation of Pleadings to the Court
All pleadings, briefs and memoranda must be presented to the Clerk of Court for allotment and filing before presentation to the assigned judge.
Exceptions to this rule are noted on Appendix 7.
Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003, effective July 1, 2003; amended November 3, 2008, effective January 1, 2009.
Rule 9.5 Court’s Signature; Circulation of Proposed Judgment
All judgments, orders, and rulings requiring the court’s signature must either be presented to the judge for signature when rendered or, if presented later, contain the typewritten name of the judge who rendered the judgment, order or ruling.
If presented later, the responsible attorney or the unrepresented party must circulate the proposed judgment, order or ruling to counsel for all parties and to unrepresented parties and allow at least three working days for comment before presentation to the court. When submitted, the proposed judgment, order or ruling must be accompanied by a certificate regarding the date of mailing, hand delivery or other method of delivery of the document to other counsel of record and to unrepresented parties, and stating whether any opposition was received.
The page of the judgment or order containing the judge’s signature line must reflect the docket number and title(s) of the pleading(s) at issue.
This rule does not apply to default judgments.
Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003, effective July 1, 2003; amended October 29, 2003, effective January 4, 2004; amended November 3, 2004, effective January 1, 2005; amended November 3, 2008, effective January 1, 2009.
Rule 9.6 Form of the Pleadings
All pleadings must be typed or printed legibly, double-spaced, on legal-sized white paper, and written in the English language. Margins must be 2" at the top and 1" on the sides and bottoms. Quotations and footnotes may be single-spaced. Once a matter is allotted, the docket number and the division or section assigned the matter must be indicated in the caption.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.7 Signing of Pleadings
Each pleading must be signed by an attorney or by the party thereto proceeding pro se. The correct mailing address, street address, phone number, and facsimile number, if any, of the person signing the pleading, and in the case of an attorney, the Louisiana Bar Identification Number, must appear below the signature.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.8 Exceptions and Motions
(a) Contradictory Exceptions and Motions. All exceptions and motions, including those incorporated into an answer, must be accompanied by a proposed order requesting the exception or motion be set for hearing. If the exceptor or mover fails to comply with this requirement, the court may strike the exception or motion, or may set the matter for hearing on its own motion. To assist the court in scheduling the hearing, the exception or motion and any opposition thereto must state: (1) whether or not the case is set for trial and, if so, the trial date; and (2) whether testimony will be offered at the hearing.
(b) Time between filing and hearing. No hearing on an exception or motion will be scheduled until at least 15 calendar days after filing. A party seeking to have an exception or motion heard less than 15 days after filing must show good cause and must state in the exception or motion the reasons why an expedited hearing is necessary.
(c) Ex parte motions. Paragraphs (a) and (b) do not apply to:
(1) unopposed motions;
(2) motions in which all affected parties have joined; or
(3) motions permitted by law or by these rules to be decided ex parte.
Any motion that may be decided ex parte must be accompanied by a proposed order, except a motion for the court to give in writing its findings of fact and reasons for judgment under La. Code Civ. Proc. art. 1917.
(d) Motions and Exceptions Referred to the Merits. If a party filing a motion or exception wishes to refer it to the merits, the party must file an unopposed motion, accompanied by a proposed order, asking that it be referred to the merits. This rule does not apply to motions for summary judgment (see Rule 9.10). If the court finds that the interests of justice would be served by referring the motion or exception to the merits, the court may do so.
(e) Unopposed motion. An “unopposed motion” is one to which all affected parties have consented. Before representing to the court that the motion is unopposed, the mover must contact all parties affected by the motion and obtain their consent. The moving party must certify in the motion that the consent requirement has been met.
Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003, effective July 1, 2003; amended October 29, 2003, effective January 4, 2004; amended November 3, 2008, effective January 1, 2009.
Comments
(a) Rule 9.8(a) provides that the court may strike an exception or motion if not accompanied by an order scheduling the matter for a hearing or may set the matter for hearing on its own motion. La. Code Civ. Proc. art. 964 provides that the court on its own motion may strike a matter from a pleading only after a hearing.
(b) See La. Code Civ. Proc. art. 2593 with regard to exceptions to a contradictory motion, rule to show cause, opposition, or petition in a summary proceeding.
(c) This Rule does not govern the time that an exception must be pled. La. Code of Civ. Proc. art. 928 B permits a party to plead a peremptory exception “at any stage of the proceeding in the trial court prior to a submission of the case for a decision ....” But under La. Code Civ. Proc. art. 929 B, the trial court has the option of trying and disposing of a late-filed exception “either in advance of or on the trial of the case.” This Rule preserves the trial court’s option under La. Code Civ.Proc. art. 929 B. Although this Rule generally requires a 15-day period between the filing and the hearing of an exception, it also gives the trial court discretion to shorten the period “for good cause shown.” See also Rule 1.4, which allows a trial judge in a particular case to deviate from a Rule “in the interest of justice and upon notice to all parties ....”
Rule 9.9 Memoranda Supporting or Opposing Exceptions and Motions
(a) When a party files an exception or motion, that party must concurrently furnish the trial judge and serve on all other parties a supporting memorandum that cites both the relevant facts and applicable law. The memorandum must be served on all other parties so that it is received by the other parties at least 15 calendar days before the hearing, unless the court sets a shorter time.
(b) A party who opposes an exception or motion must concurrently furnish the trial judge and serve on all other parties an opposition memorandum at least eight calendar days before the scheduled hearing. The opposition memorandum must be served on all other parties so that it is received by the other parties at least eight calendar days before the hearing, unless the court sets a shorter time.
(c) The mover or exceptor may furnish the trial judge a reply memorandum, but only if the reply memorandum is furnished to the trial judge and served on all other parties so that it is received before 4:00 p.m. on a day that allows one full working day before the hearing. For example, if the hearing is set for Friday, the reply memorandum must be received no later than 4:00 p.m. the preceding Wednesday. If the hearing is set for Monday, the reply memorandum must be received no later than 4:00 p.m. the preceding Thursday.
(d) Parties who fail to comply with paragraphs (a) and (b) of this rule may forfeit the privilege of oral argument. If a party fails to timely serve a memorandum, thus necessitating a continuance to give the opposing side a fair chance to respond, the court may order the late-filing party to pay the opposing side’s costs incurred on account of untimeliness.
(e) Any party may, but need not, file a copy of the memorandum with the clerk of court. See Rule 9.4 and Appendix 7 to determine whether a particular judicial district requires that memoranda be filed with the clerk of court or sent directly to the presiding judge.
(f) Paragraphs (a) - (c) do not apply to the following motions:
(1) A motion for an extension of time to perform an act.
(2) A motion to continue a pretrial conference, hearing, motion, or trial of an action.
(3) A motion to add or substitute parties.
(4) A motion to amend pleadings or to file supplemental pleadings.
(5) A motion to appoint a guardian, curator or tutor.
(6) A motion to intervene.
(7) A motion to withdraw or substitute counsel of record (but any such motion must comply with Rule 9.13).
(8) A motion to consolidate.
(9) Any unopposed motion or joint motion.
(10) A motion for the court to give in writing its findings of fact and reasons for judgment under La. Code Civ. Proc. art. 1917.
(11) A motion to compel a response to discovery, when no response has been made.
Any motion listed in (1) through (11) must state the grounds in support, cite any applicable rule, statute, or other authority justifying the relief sought, and comply with Rule 9.8 to the extent applicable.
Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003, effective July 1, 2003; amended October 29, 2003, effective January 4, 2004.
Comment
See La. Code Civ. Proc. art. 1313 regarding service of pleadings subsequent to the original petition.
Rule 9.10 Motions for Summary Judgment
1. Rules 9.8 and 9.9 apply to motions for summary judgment.
2. A memorandum in support of a motion for summary judgment must contain:
(a) A list of the essential legal elements necessary for the mover to be entitled to judgment;
(b) A list of the material facts that the mover contends are not genuinely disputed; and
(c) A reference to the document proving each such fact, with the pertinent part containing proof of the fact designated.
3. A memorandum in opposition to a motion for summary judgment must contain:
(a) A list of the material facts that the opponent contends are genuinely disputed; and
(b) A reference to the document proving that each such fact is genuinely disputed, with the pertinent part designated.
Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003, effective July 1, 2003; amended October 29, 2003, effective January 4, 2004.
Comments
(a) See also La. Code Civ. Proc. art. 966(B) as amended in 2003 for general rules regarding procedure for motions for summary judgment.
(b) See La. Code Civ. Proc. art. 1313 regarding service of pleadings subsequent to the original petition.
Rule 9.11 Executory Process
To assist the court, parties who file suit for executory process should highlight or emphasize clearly the language in the attached exhibits necessary for executory process, such as “confession of judgment” and “waiver of demand for payment.”
Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003, effective July 1, 2003.
Comment
Failure to comply with Rule 9.11 may, at the discretion of the court, result in delay while pleadings are conformed to the requirements of the rule.
Rule 9.12 Enrollment as Counsel of Record
All licensed Louisiana attorneys in good standing may enroll as counsel of record: (1) by oral notice made in open court when all parties or their counsel are present, or (2) by filing a written Notice of Enrollment in accordance with La. Code Civ. Proc. art. 853 with the clerk of court, with copies to all other enrolled counsel or unrepresented parties and to the Court.
Adopted April 1, 2002, effective April 1, 2002; amended October 29, 2003, effective January 4, 2004; amended November 3, 2004, effective January 1, 2005.
Comment
Attorneys enrolling pro hac vice must comply with Rule XVII, Section 13 Supreme Court Rules.
When a lawyer enrolls as counsel after the petition or first responsive pleading is filed, a Notice of Enrollment must be filed. The Notice of Enrollment must be filed separately in each case.
Rule 9.13 Withdrawal as Counsel of Record
Enrolled attorneys have, apart from their own interests, continuing legal and ethical duties to their clients, all adverse parties, and the court. Accordingly, the following requirements govern any motion to withdraw as counsel of record:
(a) The withdrawing attorney who does not have written consent from the client must make a good-faith attempt to notify the client in writing of the withdrawal and of the status of the case on the court’s docket. The attorney must deliver or mail this notice to the client before filing any motion to withdraw.
(b) If the action or proceeding has been assigned to a particular section or division of the court, then the motion to withdraw must be submitted to the judge presiding over that section or division.
(c) Any motion to withdraw must include the following information:
(1) The motion must state current or last-known street address and mailing address of the withdrawing attorney’s client. The withdrawing attorney must also furnish this information to the clerk of court.
(2) If a scheduling order is in effect, a copy of it must be attached to the motion.
(3) The motion must state whether any conference, hearing, or trial is scheduled, and, if so, its date.
(4) The motion must include a certificate that the withdrawing attorney has complied with paragraph (a) and with Rule 1.16 of the Rules of Professional Conduct, Louisiana State Bar Association, Articles of Incorporation, Art. 16. A copy of the written communication required by paragraph (a) must be attached to the motion.
(d) The court may allow an attorney to withdraw on ex parte motion if:
(1) The attorney has been terminated by the client; or
(2) The attorney has secured the written consent of the client and of all parties or their respective counsel; or
(3) No hearing or trial is scheduled, or the case has been concluded.
(e) If paragraph (d) does not apply, then an attorney may withdraw as counsel of record only after a contradictory hearing and for good cause. All parties and the withdrawing attorney’s client must be served with a copy of the motion and rule to show cause why it should not be granted.
(f) If counsel’s withdrawal would delay a scheduled hearing or trial, the court will not allow the withdrawal, unless exceptional circumstances exist.
(g) Paragraphs (a) through (f) do not apply to an ex parte motion to substitute counsel signed by both the withdrawing attorney and the enrolling attorney. The following rules govern such a motion:
(1) The court may grant the motion without a hearing. Movers must furnish the court with a proposed order.
(2) Substitution of counsel will not by itself be good cause to alter or delay any scheduled matters or deadlines.
Adopted April 1, 2002, effective April 1, 2002; amended October 29, 2003, effective January 4, 2004.
Comment
Rule 9.13 is not intended to supersede the Rules of Professional Conduct regarding the presentation of false testimony to the court.
Rule 9.14 Fixing for Trial or Hearing; Scheduling Orders; Contact with Jurors
(a) The date on which a motion to fix for trial on the merits may be made, and the method of setting a date for trial or hearing of a matter including deadlines for scheduling orders, pretrial briefs, contact with jurors, or any other matter, shall be determined by each district court as set forth in Appendix 8.
(b) Any party may request in writing, or the court on its own motion may order, a La. Code Civ. Proc. art. 1551 scheduling conference between counsel and the court to whom the case has been allotted. A party requesting such a conference must deliver the original and one copy of the request to the clerk of court. The clerk of court shall file the original in the suit record, stamp “filed” on the copy, and route the copy to the assigned judge. Within 30 days after receiving a request for a scheduling conference, the court shall schedule a conference for the purpose of addressing those matters set forth in La. Code Civ. Proc. art. 1551. The scheduling conference may be held by any appropriate means, including in person, by telephone, or teleconference.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.15 Subpoenas
(a) A request for issuance of a subpoena must be issued and filed with the clerk of court at least 10 days before the desired appearance date, unless a different deadline is set by the court in the pre-trial or other order.
(b) In the case of a settlement, counsel on whose client’s behalf the witness has been asked to testify should make reasonable efforts to notify the witness.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.16 Agreements and Stipulations
The court will recognize agreements and stipulations between counsel concerning the conduct, trial, or continuance of a suit only if they are:
(1) written and filed in the record; or
(2) made in open court and entered on the minutes.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.17 Continuances
(a) The court may grant a continuance of a trial or hearing for good grounds. Among the factors the court will consider are the diligence and good faith of the moving party, the reasonableness of the grounds, fairness to both parties and other litigants before the court, and the need for the orderly and prompt administration of justice.
(b) The court will grant a continuance in any case where the law so requires.
(c) If the court grants a continuance, each party is responsible for contacting its own witnesses.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.18 Oral Arguments
Oral argument is a privilege, not a right, and is within the court’s discretion.
Adopted April 1, 2002, effective April 1, 2002.
Rule 9.19 Defaults
A party may move for a preliminary default either in open court or in writing. By moving for a preliminary default the requesting attorney or party is certifying to the court that the defendant in the principal or incidental demand has been properly served and has failed to answer within the time prescribed by law. A party seeking to confirm a default judgment must prepare and file into the record a certificate to be signed by the clerk of court showing the date and type of service and the absence of a timely answer.
Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003, effective July 1, 2003.
Rule 9.20 Appeals to District Court
Appeals to the district court shall be randomly allotted.
Adopted April 1, 2002, effective April 1, 2002.
Comments
(a) Previous district court rules adopted by individual judicial districts often included various rules that duplicated the Code of Civil Procedure and applicable Revised Statutes.
No provisions restating existing law have been included in these Rules. The citations to authorities for deleted topics are as follows:
(1) Construction of Pleadings - La. Code Civ. Proc. art. 865.
(2) Form of Pleadings - La. Code Civ. Proc. arts. 853, 854 & 862.
(3) Signing Pleadings - La. Code Civ. Proc. art. 863.
(4) Exceptions & Motions - La. Code Civ. Proc. arts. 852, 853, 854, 862, 865, 921, 922, 923, 924, and 962.
(5) Time of trial of exceptions - La. Code Civ. Proc. art. 929.
(6) Curators ad hoc - La. Code Civ. Proc. arts. 5091-5098; La. R.S. 13:3421 through 13:3445; and La. Civ. Code arts. 47 through 53.
(7) Motions for summary judgment - La. Code Civ. Proc. arts. 966 and 967.
(b) La. R.S. 13:1303 requires that the civil district courts of the Parish of Orleans prescribe the order of preference for the trial of cases. La. Code Civ. Proc. art. 1571(A)(1)(b) states that the district court should prescribe the order of preference “in accordance with the law.”
(c) La. R.S. 13:850 allows for facsimile filings and lists the requirements for such filings.
(d) La. Code Civ. Proc. art. 1551 lists the matters which may be considered at scheduling conferences.
(e) La. Code Civ. Proc. art. 1355.1 deals with the reissuance of subpoenas.
(f) La. Code Civ. Proc. art. 5096 provides that, if a curator is appointed, the party requesting the appointment must furnish security for costs and fees in an amount subject to the discretion of the court.
(g) See Supreme Court of Louisiana General Administrative Rules Part G, Section 2, regarding time for filing post-trial or post-hearing briefs.
(h) See La. Code Civ. Proc. arts. 1601-1605 regarding the grounds for a continuance.
(i) The constitutional implications of the decision in State v. Sprint Communications Co., L.P., 699 So.2d 1058 (La. 1997), regarding random allotment of cases affect a court’s ability to appoint duty judges and, more importantly, the designation of duties to such judges. Act 24 of the 1st Extraordinary Session of the 2000 Legislature enacted La. Code Civ. Proc. art. 253.3, which clarifies the matters which may be heard by a duty judge.
Chapter 10 DISCOVERY
Rule 10.0 Interrogatories
A party shall be allowed to serve upon any other party, without leave of court, thirty-five interrogatories, as allowed by La. Code Civ. Proc. art. 1457(B). A court may not restrict the parties to fewer than thirty-five interrogatories except by amendment to these rules.
Adopted April 1, 2002, effective April 1, 2002.
Comment
See Nathaniel Gaines, et al. v. Avondale Industries, Inc., et al., Parish of Orleans, Civil District Court, Div. M, No. 95-1823, to the Court of Appeal, Fourth Circuit, No. 2001-C-0365, writ denied 820 So.2d 616 (La. 2001), holding that a local rule may not restrict the number of interrogatories to the defendants or plaintiffs in the aggregate.
Rule 10.1 Discovery Motions
Before filing any discovery motion, the moving party must attempt to arrange a conference with the opposing party for the purpose of amicably resolving the discovery dispute. The conference may be conducted in person or by telephone. The discovery motion must include a certificate stating:
(a) that the parties have conferred in person or by telephone as required by this rule and the reasons why they were unable to agree; or
(b) that opposing counsel has refused to confer after reasonable notice.
If the court finds that opposing counsel has willfully failed to confer, or failed to confer in good faith, the court may impose sanctions.
Adopted April 1, 2002, effective April 1, 2002.
Chapter 11 ALTERNATIVE DISPUTE RESOLUTION AND SPECIAL MASTERS
Rule 11.0 Louisiana Mediation Act
The district courts of Louisiana encourage and support the use of alternative dispute resolution to promote resolution of disputes and refer all counsel to the Louisiana Mediation Act, La. R.S. 9:4101, et seq. Additionally, the district courts of Louisiana encourage and support the use of special masters in appropriate circumstances.
Adopted April 1, 2002, effective April 1, 2002.
Rule 11.1 Certification of No Opposition to Mediation
Before submitting a request for mediation under La. R.S. 9:4103(A), a party must certify that opposing counsel has been contacted and does not object to mediation.
Adopted April 1, 2002, effective April 1, 2002.
Comments
(a) La. R.S. 13:4165 allows the court to appoint special masters in civil actions under the circumstances set forth therein.
(b) See La. R.S.9:4103(A), which provides that, on motion of any party, a court may order the referral of a civil case for mediation. In the interest of judicial economy, these rules require a certificate of no opposition by opposing counsel before filing a request for court ordered mediation under La. R.S.9:4102(A).
Chapter 12 JURORS, COSTS, CHALLENGES, EXEMPTIONS
Rule 12.0 Deposit for Jury Costs
In a civil case, the court shall fix an amount to cover the costs related to the jury, clerk of court, and sheriff. The court may not require that the bond be filed or the costs paid more than 180 days before trial. The failure to pay these costs timely will constitute a waiver of trial by jury.
Adopted April 1, 2002, effective April 1, 2002; amended June 2, 2003, effective July 1, 2003; amended November 3, 2008, effective January 1, 2009.
Comments
(a) La. Code Civ. Proc. art. 1734 provides that the jury bond must be filed no later than 60 days before trial. La. Code Civ. Proc. art. 1734.1 provides that the court may order, in lieu of the bond required in Article 1734, that a cash deposit for costs be made no later than 30 days prior to trial. Rule 12.0 provides further guidance by stating that the bond need not be filed or the costs need not be paid more than 180 days before trial. Of course, the jury bond may be filed at the time of filing, at the discretion of counsel.
(b) La. R.S. 13:3105 sets the compensation to jurors in civil cases in Orleans Parish at $16.00 per day. The authorities grant leeway to the courts as to how long a juror may serve and the rate of compensation. La. R.S. 13:3049 states that jurors must be paid $25.00 per day and that they should be reimbursed at a mileage rate not less than $.16 a mile and not more than the rate in effect for state officials.
(c) See La. Code Civ. Proc. art. 1761, et seq., regarding the procedure for calling and examining jurors.
Rule 12.1 Central Jury Pool
There may be a central jury pool for civil cases. The central jury pool shall be administered by the Clerk of Court or the judicial administrator, if any has been appointed by the court, under the direct supervision of the court, in accordance with the following:
(a) Authorized personnel shall assemble the members of the general venire, present the orientation, call roll, and account for those members present and absent.
(b) The judges shall notify the Clerk of Court and the Clerk of Court shall notify the jury commission at least 90 days before the designated jury terms, which sections of the court will participate in each term. The jury commission shall select a general venire in a number directed by the judges. Authorized personnel shall randomly select from the general venire those persons who will comprise the central jury pool and shall determine the number of persons selected to compose the central jury pool based upon the number of civil jury trials remaining on the dockets.
(c) Authorized personnel shall select the required number of panels from the central jury pool. The panels shall be selected at random and indiscriminately from the central jury pool members then available. In civil cases, the number of jurors shall be determined by the judge presiding over the trial for which the panel is selected. If the need arises, the assigned judge may request additional persons from the central jury pool, who shall be selected at random.
(d) Persons selected to serve on the central jury pool panel and not selected to serve on a jury shall be returned to the central jury pool.
(e) The chief judge, or his or her designee, shall qualify the members of the central jury pool.
(f) Any person requesting to be excused from jury service shall present the reasons in writing to the court, the Clerk of Court, or to the judicial administrator when one has been appointed, who shall then communicate that request and the necessary information to the court, which shall determine whether to grant the request.
Adopted April 1, 2002, effective April 1, 2002.
Comment
See Supreme Court Rule XXV, Section 2, regarding Jury Service.
Chapter 13 CIVIL LITIGATION FILED BY INMATES
Rule 13.0 Petitions Filed by Offenders/Prisoners
(a) Pro se offender/prisoner litigants in the custody of the Department of Corrections must use the form IJR-1, "Petition for Judicial Review," available from the Department and the Clerk of Court for East Baton Rouge Parish to apply for Review of an Administrative Decision, excluding administrative decisions on delictual actions for injury or damages. See Appendix 9A. Pursuant to La. R.S. 15:1177, venue is proper only in the 19th Judicial District Court for prisoners/offenders in the custody or under the supervision of the Department of Corrections, unless the suit is based on delictual actions, in which case exclusive venue is set forth in La. R.S. 15:1184.
(b) Delictual actions for injury or damages filed by prisoner/offenders, whether in the custody of the Department of Corrections or the Sheriff, shall be filed in the original jurisdiction of a district court. Venue is addressed in La. R.S. 15.1184F.
(c) Referral of Matters Filed in the 19th Judicial District Court to Commissioners:
(1) Once one of the following is filed and randomly allotted to a section of court in compliance with the law, it shall be alternately referred to a commissioner for initial screening and further action in accordance with law:
(a) Administrative Appeals filed by an offender/prisoner, as defined in La. R.S. 15:1174, et seq. and La. R.S. 15:1181, et seq., against the Department of Corrections, including Petitions for judicial review (appeal) of an administrative decision, including but not limited to Prison Administrative Remedy Requests, Disciplinary Board Appeals, Lost Property Claims (that do not involve tortious conduct), Time Calculation or Good Time Complaints, even if urged as a Writ of Habeas Corpus, Duty Status Complaints, or any other complaints involving an internal prison grievance, and Parole Revocation Appeals;
(b) Ordinary civil suits by offenders/prisoners as defined in La. R.S. 15:1181 of the Prison Litigation Reform Act filed against the Sheriff of East Baton Rouge or any employee thereof, when based on a cause of action that arose while the Plaintiff was incarcerated or in the custody of the Sheriff of East Baton Rouge or any employee thereof. Ordinary suits that require a jury trial and allotted to a commissioner will be referred back to the allotted judge for further action/proceedings;
(c) Applications for Post-Conviction Relief except Post-Conviction Relief Applications involving first degree murder convictions;
(d) Any other pleading/complaint filed by an offender/prisoner that is specifically referred in writing by a judge to a commissioner.
(d) Suits Subject to La. R.S. 15:1171-1179 (Corrections Administrative Remedy Procedure Act) or La. R.S. 15:1181-1191 (Prison Litigation Reform Act):
(1) Any offender/prisoner, as defined in La. R.S. 15:1171-1179 (Corrections Administrative Remedy Procedure Act), or La. R.S. 15:1181-1191 (Prison Litigation Reform Act), must initiate and exhaust the Administrative Remedy Procedure established by the Department of Corrections or the Parish Sheriff, if available, before filing an appeal or suit subject to the Corrections Administrative Remedy Procedure Act , La. R.S. 15:1171, et seq., and/or the Prison Litigation Reform Act, La. R.S. 15:1181, et seq., whichever is applicable.
(2) To show compliance with the law and this Rule, any suit filed by an offender/prisoner subject to La. R.S. 15:1171, et seq., or La. R.S. 15:1181, et seq., must have attached to the appeal or suit, a copy of the final agency decision complained of.
(3) The provision of this Section shall not apply to:
(a) Appeals of Judicial Decisions;
(b) Pending Criminal matters;
(c) Applications for Post Conviction Relief or Habeas Corpus
Applications attacking the petitioner's conviction.
(e) Ordinary Proceedings Filed Pro Se by Offender/Prisoners Pursuant to La. R.S.
15:1181, et seq. (Prison Litigation Reform Act):
(1) Exhaustion of Administrative Remedies, when available, is required prior
to filing suit in the parish of proper venue. See La. R.S. 15:1177C (Corrections Administrative Remedy Procedure Act), and La. R.S. 15:1181 - 1191 (Prison Litigation Reform Act).
(2) When an offender/prisoner files a pro se complaint/petition that is not subject to judicial review under La. R.S. 15:1177 the inmate is required to follow the procedures and law regarding civil complaints set forth in the Louisiana Code of Civil Procedure (La. C.C.P.), the Louisiana Civil Code (La. C.C.) and any other applicable law, as well as the Civil Rules of the court of proper venue, not in conflict with the Rules of this Section.
(3) Any ordinary petition filed pursuant to Louisiana Rules for District Courts (La. Dist. Ct. R.) Rule 9.0 must specifically comply with La. C.C.P. arts. 851-893 and must set forth specific facts to support the elements of each claim pursued and must designate a physical address, not a post office box, for each party, sufficient for service of pleadings.
(4) Discovery Limitations:
(a) No discovery may be filed until after the defendant's first appearance (filing of an answer or motion) in order to allow the Court to screen the petition, consider the Petitioner's "strike" status, set the costs due, consider the mandatory venue and to order service on the defendants or dismiss the suit in accordance with the Prison Litigation Reform Act, La. R.S. 15:1181, et seq.
(b) All discovery requests in prisoner suits must be filed into the court record by sending a copy to the clerk of court, in addition to being sent by mail to the opposing party or counsel therefore, and must include a certificate of compliance with this rule.
(c) Once the defendant has made an appearance (filing of an answer or motion), discovery in prisoner suits is governed by the La. C.C.P., La. C.C., La. Dist. Ct. R. and other applicable Louisiana law, subject to the restrictions set forth in this section and pursuant to the Prison Litigation Reform Act, La. R.S. 15:1181, et seq.
(5) Any pretrial motion, rule, exception, etc., must have attached to it a memorandum of authorities in support thereof which shall include a declaration that a copy of same has been provided to the opposing party or his counsel at a specific address. Opposing briefs may be filed but must be received in the office of the assigned judge or commissioner, as the case may be, at least five (5) working days prior to the date of any hearing set. No motion, rule, exception, etc. shall be assigned for hearing until the above required memorandum of authorities, and the name and address of opposing counsel have been furnished to the judge or commissioner hearing the matter.
(6) The following are limitations on trial:
In accordance with statutory law, offenders/prisoners filing In Forma Pauperis may subpoena up to six (6) witnesses for trial, but only after a proper pretrial order has been completed by the plaintiff and approved by the court as required hereinafter. For additional witnesses, see La. C.C.P. art. 5185A(2)(a).
(7) The following are rules on pretrial procedures and orders:
(a) Unless otherwise provided herein or by law, no suit requiring a trial on the merits may be assigned a trial date except at pretrial conference. Any arty desiring to assign a case for trial shall, after all issues have been joined, all contemplated motions, rules, exceptions, interrogatories, requests for admissions, or other discovery proceedings filed, make a written request for pretrial conference to the judge or commissioner to which the case has been assigned.
(b) The party requesting the pretrial conference shall certify in his request that all pretrial matters have been completed and that the matter is ready for trial. If the party requesting the conference has any motions/exceptions, discovery or other pretrial matters outstanding, such pretrial matters will be considered waived or withdrawn once a pretrial conference is waived or withdrawn once a pretrial conference is requested in writing.
(c) The pro se prisoner requesting a pretrial conference must complete and attach to his request for a pretrial conference, his completed portion of the Pro Se Prisoner-Plaintiff's Portion of the Pretrial Order, Appendix 9B hereto, and certify that he has provided opposing counsel with a copy of the completed Pretrial Order at a specific address. See Appendix 9C for Defendant's Portion of the Pretrial Order.
(8) Jury Trial Requests:
Any request for a jury trial and bond must be made in accordance with the
requirements of the Louisiana Code of Civil Procedure and Louisiana District Court Rule 12.
Adopted April 1, 2002, effective April 1, 2002; amended November 3, 2004, effective January 1, 2005; amended November 3, 2008, effective January 1, 2009.
Rule 13.1 Declaration of Inmate Counsel
If the suit was prepared or filed by or with the help or advice of inmate counsel substitute, counsel substitute’s name and DOC number shall be legibly printed on the appropriate line on the face of the petition. Failure to comply with this requirement may result in delay in the service of and review of the complaint. If no counsel substitute was involved in the preparation or filing of the complaint, the plaintiff must print “NONE” in the blank for the inmate counsel substitute’s name.
Adopted April 1, 2002, effective April 1, 2002.
Rule 13.2 In Forma Pauperis Inmate Suits
(a) La. R.S. 15:1186 governs in forma pauperis motions in actions filed pursuant to La. R.S. 15:1171, et seq. (Corrections Administrative Remedy Procedure Act) ("CARP") and La. R.S. 15:1181, et seq. (Prison Litigation Reform Act) ("PLRA").
(b) In ordinary civil suits governed by the PLRA, pursuant to La. R.S. 15:1186B(2), the order granting a prisoner's request to proceed in forma pauperis automatically stays all proceedings, including any service of process, until all costs of court or fees due the clerk by the prisoner are paid, and further, if prisoner does not pay the full court costs or fees within three years from when incurred, the suit shall be considered abandoned and dismissed.
(c) Prisoners may not bring a civil action, or appeal a judgment in a civil action or proceeding, in forma pauperis, if the prisoner has, on three or more prior occasions while incarcerated or detained in any facility, brought an action or appeal in a state court that was dismissed on the grounds it was frivolous, malicious, failed to state a cause of action, or failed to state a claim upon which relief may be granted, pursuant to La. R.S. 15:1187. If a prisoner has at least three dismissals as described in La. R.S. 15:1187 that are not yet final, and further, if the prisoner is disqualified from proceeding as a pauper either in federal court by operation of 28 U.S.C. 1915(g) or in the courts of another state by operation of a similar law of that state, then the court on its own motion may, or on motion of a party shall, stay all proceedings in any other prisoner suit or appeal in which the prisoner is proceeding as a pauper until such time as the dismissals become final, unless the court finds that the prisoner is in imminent danger of serious physical injury.
(d) Actions not governed by the CARP or the PLRA are governed by La. C.C.P. 5181-5185. See also Louisiana Rules for District Courts, Rules 8.0-8.2.
(e) Louisiana Rules for District Courts, Rules 8.1 and 8.2 herein, apply to suits brought by inmates who proceed in forma pauperis.
Adopted November 3, 2008, effective January 1, 2009.
Comment
Text of former Louisiana District Court Rule 13.3, titled "Civil Rules Governing In Forma Pauperis Inmate Suits", is amended and redesignated as Rule 13.2(e), effective January 1, 2009.
Former Rule 13.2, In Forma Pauperis Affidavits Filed by Inmates in District Courts, redesignated as Rule 13.3, effective January 1, 2009.
Rule 13.3 In Forma Pauperis Affidavits Filed by Inmates in District Courts
To proceed in forma pauperis, an inmate must complete and file one of the following affidavits:
(1) For proceedings in district courts, including Corrections Administrative Remedy Procedure Act (La. R.S. 15:1171-1179) appeals and Parole Revocation Appeals, use the form in Appendix 9D;
(2) For appeals to Louisiana Circuit Courts of Appeal, use the form in Appendix 9E.
Adopted April 1, 2002, effective April 1, 2002 as Rule 13.2; amended November 3, 2008, effective January 1, 2009. Redesignated from Rule 13.2 to Rule 13.3, effective January 1, 2009.
Comment
Former Louisiana District Court Rule 13.2, In Forma Pauperis Affidavits filed by Inmates in District Courts, redesignated Rule 13.3, effective January 1, 2009.
Text of former Louisiana District Court Rule 13.3, Civil Rules Governing In Forma Pauperis Inmate Suits, redesignated as Rule 13.2E, effective January 1, 2009.
Rule 13.4 Parole Revocation Appeals
Parole is governed by La. R.S. 15:574.2, et seq. Venue for any action by an individual committed to the Department of Public Safety and Corrections contesting any action of the Board of Parole shall be in the Parish of East Baton Rouge pursuant to La. R.S. 15:574.11. Subject to the limitations set forth in La. R.S. 15:574.11, an offender/prisoner appealing the validity of his parole revocation must use the appellate form “Appeal of Parole Revocation” in Appendix 9F and attach to his petition a copy of the Order of Revocation, provided to him by the Parole Board. Service must be requested on the Parole Board only. Within thirty (30) days of service of the Petition on the Parole Board, Counsel for the Parole Board must file a copy of the appellate record of the parole revocation maintained by the Department/Parole Board, and provide the Petitioner with a copy of same. Any motions/exception to be heard prior to the merits of the appeal must be filed contemporaneously with the appellate record or within fifteen (15) days thereafter. Thereafter, the matter will be set for hearing on any exceptions/motions filed and alternatively for oral argument on the appeal, upon notice by the court to the parties, unless the court orders the appeal heard on the briefs.
Adopted November 3, 2008, effective January 1, 2009.
Comment
Former Louisiana District Court Rule 13.2, In Forma Pauperis. Affidavits filed by Inmates in District Courts, redesignated as Rule 13.3, effective January 1, 2009.
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