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; 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 motion may include a request to suspend briefing delays until such time as a ruling is made on the motion to dismiss or remand. If the court grants the request for suspension of briefing delays and later denies the motion to dismiss or remand, the court shall set new briefing delays. The act of filing the motion to suspend briefing delays shall not suspend the delays; a suspension is effective only as ordered by the court.

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 served in accordance with the provisions of Louisiana Code of Civil Procedure article 1313 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 in the motion 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 by any other party, the appellant may, by ex parte motion, request that the appeal be dismissed. The appeal shall be dismissed only by order of the court.

2-8.5. Pre-lodging Dismissals

In cases where the parties desire to dismiss or to remand an appeal in which jurisdiction of the Court of Appeal has attached, but in which the record on appeal has not yet been lodged, the court may nevertheless consider a joint motion to such effect, provided the parties submit their motion signed by all counsel of record, and by each party not represented by counsel, 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 of Appeal as provided by Rule 2-12.8, a notice shall be transmitted by the clerk to counsel for the appellant, or to the appellant if not represented, that the appeal shall be subject to dismissal 30 days thereafter unless a brief is filed within the 30-day period. If an appellant does not file a brief within 30 days after such notice is transmitted, the appeal shall be subject to dismissal 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 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 the briefing delays for good cause. If the court grants the request for suspension of the briefing delays, the clerk shall set new briefing delays as directed by the court. The act of filing the motion to suspend the briefing delays shall not suspend the delays; a suspension is effective only as ordered by the court.