Skip to main content

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

Rule 2: The Practice

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, or at the time the case is called for argument or submission.

2-7.2. Requirements of Other Pleadings

All other 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 Court of Appeal, the nature of the motion or pleading, the name of counsel filing the pleading, or the name of the self-represented litigant if unrepresented, and the name of the party on whose behalf it is filed. The pleading shall bear a certificate indicating 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. All motions filed in a Court of Appeal shall include a proposed order.

2-7.3. Filing

Unless made in an electronic filing, an original and such number of copies of the pleading as the local rule of each court requires, shall be filed with the clerk of court. No other pleadings shall be considered by the court.

2-7.4. Summary Dismissal; Re-submission

(1) The court may summarily dismiss untimely or improperly filed motions or exceptions.

(2) The court may reject a proposed filing of a motion with other than a singular or alternative nature and, in lieu of, require the filing of separate motions.

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, and dated by the parties or counsel, and filed in the clerk’s office.