I § 3 Timeliness Requirements

Applications requesting expedited review place a considerable burden on the resources of the Court and its staff. The Court’s ability to address such applications in an orderly fashion can be significantly impaired when applicants elect to wait until the last day of the thirty (30) day period following the court of appeal’s disposition to request expedited attention in this Court. Although this Rule does not change the general thirty (30) day filing period set forth in La. Code Civ. Proc. art. 2166, it makes it clear that any request for expedited review must be made promptly. If an application seeking priority review is not filed within at least ten (10) days following the court of appeal’s disposition and the applicant fails to show good cause for the delay, the Court retains the discretion to summarily deny the request for priority review and/or impose other sanctions pursuant to La. Code Civ. Proc. art. 2164.

C. Writ Application Oppositions and Reply to Oppositions [additionally, see Rule X]

1. An opposition to a writ application must be filed within thirty (30) days of the date of the acknowledgement letter issued by this Court. No extension of this deadline shall be granted unless the party, by motion, can demonstrate through clear and convincing evidence that the delay was the result of circumstances beyond its control or for other extraordinary circumstances.

2. The Court does not encourage the filing of reply memoranda. If a party contends that the filing of a reply is essential to the Court’s consideration of the writ application, a reply memorandum may be filed in response to an opposition. The reply memorandum must be filed within ten (10) days of the filing of the opposition and shall be accompanied by the filing fee set forth in Rule II.

D. Appeals [additionally, see Rule X]

When an application is sought to review the action or inaction of a lower court in (a) a case in which the court of appeal does not have supervisory jurisdiction, or (b) a case in which the court of appeal has supervisory jurisdiction but the applicant seeks to file an application directly or simultaneously in this Court (which application shall not ordinarily be considered by this Court absent extraordinary circumstances), the lower court shall fix a reasonable time within which the application shall be filed in this Court, and the lower court may in the court's discretion stay further proceedings. Upon proper showing, the lower court or this Court may by order extend the time for such filing. Any application not filed in this Court within the time so fixed or extended may not be considered, unless the party, by motion, can demonstrate through clear and convincing evidence that the delay was the result of circumstances beyond its control or for other extraordinary circumstances.

E. Motions [additionally, see Rule V]

Oppositions to motions must be filed within seven (7) days of the filing of the motion. However, if priority consideration or a stay order is requested, the opposition to the motion must be filed immediately upon receipt of a copy of the motion.

F. Briefs [additionally, see Rule IV]

1. In all cases in which a writ application has been granted, except those specially assigned for arguments, the brief of the applicant or relator shall not be filed later than twenty-five (25) days after the date that the writ was granted, and the brief of the respondent shall not be filed later than forty-five (45) days after the date that the writ was granted.

2. In all appeals, the brief of the appellant shall not be filed later than thirty (30) days after the lodging of the record in this Court and the brief of the appellee shall not be filed later than sixty (60) days after the lodging of the record in this Court.

3. The briefing schedule for disciplinary proceedings shall be governed by Supreme Court Rule XIX, Section 11(G).

4. All briefs filed in this Court shall be accompanied by a certificate of service showing that a copy was transmitted, delivered or mailed to all opposing counsel and self-represented litigants.

G. Elections

An application for a writ to review a decision of the court of appeal on an objection to a candidacy or on an election contest, shall be made, as provided by La. R.S. 18:1409 and La. R.S. 18:1413, within forty-eight (48) hours, including Sundays and other legal holidays, after judgment is rendered by the court of appeal. However, if the forty-eighth (48) hour falls on a Sunday or other legal holiday, then noon of the next legal day shall be deemed to be the expiration of the time interval.

H. Rehearing Applications and Oppositions to Rehearing Applications [additionally, see Rule IX]

1. An application for rehearing shall be filed on or before the fourteenth (14) calendar day after the mailing of the notice of judgment. No extension of this deadline shall be granted.

2. Oppositions to an application for rehearing must be filed within seven (7) days of the date of the acknowledgment letter issued by this Court. No extension of this deadline shall be granted.