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Briefing Rule Changes in the Courts of Appeal

Posted 3 years 290 days ago ago by hesterd@ksbrlaw.com

Happy New Year!  To celebrate, below is a review of the new briefing rules for the Louisiana Courts of Appeal, which went into effect January 1, 2014.

 

Page Limits (Rule 2-12.2)

Original Briefs: 31 legal-size pages or 41 letter-size pages

Reply Briefs: 13 legal-size pages or 18 letter-size pages

*Not included in these pages limits are the Table of Contents and Table of Authorities.

 

Appellant’s Brief (Rule 2-12.4)

These parts must have an appropriate heading and be in order.

 

1. Table of Contents

2. Table of Authorities – alphabetical cases, statutes, and other authorities

3. Jurisdictional Statement – include the date of the judgment from which the appeal was taken and the date of the motion and order of appeal

4. Statement of the Case (concise) – nature of the case, action of the trial court, and disposition

5. Assignments of Errors

6. Issues Presented for Review

7. Statement of Facts – facts relevant to assignments and errors issues for review, including references to page numbers in the record

8. Summary of Argument – succinct, clear, and accurate

9. Argument – for each issue, include reference to specific page numbers in the record, citations to authorities relied upon, and the applicable standard of review either within the discussion or under a separate heading before the discussion.  If the assignment of error or issue required an objection or proffer to preserve, state that the objection/proffer was made and cite to the page in the record.

10. Conclusion – state relief sought

11. Required Exhibits

      a. Copy of judgment/order/ruling complained of

      b. Copy of written/transcribed reasons for judgment, or declaration that none were given

      c. Copies of any non-Louisiana cases cited in the brief

 

Appellee’s Brief (Rule 2-12.5)

The appellee’s brief must contain appropriate and succinct responsive arguments to the appellant’s contentions.  The same form requirements apply as set forth in Rule 2-12.4, except the appellee may omit the following parts unless the appellee disagrees with the appellant’s statements:

 

1. Jurisdictional Statement

2. Statement of the Case

3. Issues Presented for Review

4. Statement of Facts

5. Statement of the Standard of Review

*Note that the First Circuit has its own Local Rule 8 which supersedes Uniform Rule 2-12.5.

 

Service (Rule 2-14)

Service of the briefs can be made in accordance with Louisiana Code of Civil Procedure article 1313, which allows for service by sheriff, mail, hand delivery, or electronic delivery.  The certificate of service shall list the parties and their counsel and state the means by which service was accomplished.

 

See Uniform Rules

 

 






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