Rule 15.2 Filing and Service of Motions

When you file a motion in a Louisiana district court, you have to give the clerk of court a copy and also send a copy to everyone else involved in the case. This applies whether the motion is a regular one or an "ex parte" motion, which normally means only one side is asking the court for something without the other side present. The main exception is if a specific law says otherwise.

If the district attorney needs to be served, this usually happens by hand delivery or by mail, unless the local court has set up a different approved method for service.

There is a special rule for defendants who cannot afford a lawyer. These defendants can file certain motions directly with the judge without notifying the other side first, but only when the law allows it. Even then, the State still has to be told about the motion. If the State disagrees with the judge hearing the motion privately, or disagrees with what the motion is asking for, the State can file a response explaining why.