Rule 60.4 Additional Procedures in Actions by Prisoners Based on Delictual Actions of Governmental Officials or Employees

A. When a self-represented offender/prisoner files a complaint/petition that is not subject to judicial review under La. R.S. 15:1177, the inmate is required to follow the PLRA procedures and law in La. R.S. 15:1181, et seq. In addition, the offender/prisoner must follow the law and procedures for civil complaints set forth in the Louisiana Code of Civil Procedure, the Louisiana Civil Code, and any other applicable law, as well as the civil rules of the court of proper venue that are not in conflict with the PLRA or the Rules of this section.

B. Any ordinary petition filed pursuant to Chapter 9 of the Louisiana Rules for District Courts shall specifically comply with La. Code Civ. Proc. arts. 851–893, set forth specific facts to support the elements of each claim pursued, and designate a physical address – not a post office box – for each opposing party sufficient for service of pleadings.

C. Discovery Limitations

1. No discovery may be filed before service and until the court has had an opportunity to screen the petition to consider the petitioner’s ‘‘strike’’ status, set the costs due, consider the mandatory venue, order service on the defendants, or dismiss the suit in accordance with the PLRA.

2. All discovery requests in prisoner suits shall be filed into the court record by sending the original to the clerk of court, in addition to sending a copy by mail to the opposing party or counsel therefor, and shall include a certificate of compliance with this Rule.

3. Once the defendant has made an appearance (filed an answer or motion), discovery in prisoner suits is governed by the Louisiana Code of Civil Procedure, the Louisiana Civil Code, the Louisiana Rules for District Courts, and other applicable Louisiana law, subject to the restrictions set forth in this section and pursuant to the PLRA.

D. Memoranda Required

Any pre-trial motion, rule, exception, etc., including those incorporated into an answer, shall have attached to it a supporting memorandum that cites both the relevant facts and the applicable law, and which includes a declaration that a copy of same has been provided to the opposing party or his or her counsel at a specific address. The memorandum shall be mailed to all other parties so that it is received by the other parties at least fifteen calendar days before the hearing, unless the court sets a shorter time. Any opposition briefs shall be filed with the clerk of court and delivered to the office of the assigned judge or commissioner presiding at least eight calendar days before the date of any hearing set. No motion, rule, exception, etc., shall be assigned for hearing until the above-required memorandum, as well as the name and address of opposing counsel, have been furnished to the judge or commissioner hearing the matter.

E. Pre-Trial and Trial Matters

1. In accordance with statutory law, prisoners filing in forma pauperis may subpoena up to six witnesses for trial, but only after a proper pre-trial order has been completed by the plaintiff and approved by the court as required hereinafter. For additional witnesses, see La. Code Civ Proc. art. 5185(A)(2)(a).

2. Pre-Trial Conference

(a) Unless otherwise provided herein or by law, no suit requiring a trial on the merits may be assigned a trial date except at pre-trial conference. Any party desiring to assign a case for trial shall, after all issues have been joined and all contemplated motions, rules, exceptions, interrogatories, requests for admissions, or other discovery proceedings have been filed and answered, make a written request for pre-trial conference to the judge or commissioner to whom the case has been assigned.

(b) The party requesting the pre-trial conference shall certify in his or her request that all pre-trial matters have been completed and that the matter is ready for trial. If the party requesting the conference has any outstanding motions, exceptions, discovery, or other pre-trial matters, such pre-trial matters will be considered waived or withdrawn once a pre-trial conference is requested in writing.

(c) The self-represented prisoner requesting a pre-trial conference shall complete and attach his or her completed portion of the Self-Represented Prisoner-Plaintiff’s Portion of the Pre-Trial Order, Appendix 60.4 hereto, to his or her request for a pre-trial conference, and certify that he or she has provided opposing counsel with a copy of the completed Pre-Trial Order and the specific address to which this copy was sent.

3. Jury Trial Requests

Any request for a jury trial and bond shall be made in accordance with the requirements of the Louisiana Code of Civil Procedure and Rule 12 of the Louisiana District Court Rules.