Civil District Court for the Parish of Orleans
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A continuance application must be written, state whether the opposing attorney or litigant opposes it, and specify the reason for the continuance.
- Contested continuance motions require a contradictory hearing, and an ex parte continuance generally may not be granted over opposition except in the most unusual circumstances supported by good ground; each continuance is evaluated on its merits.
- The attorney or litigant requesting a continuance must notify all parties and witnesses that the case will not be heard on the assigned day.
- +1 more
Request must include
Document Format Requirements1 rule
All pleadings, motions, and other court papers must be typed or printed, double-spaced, in English, on legal- or letter-size paper, with two-inch top margins and one-inch side and bottom margins; exhibits may be other sizes unless prepared for court use.
All pleadings, motions or other papers filed with the court shall be typed or printed, double spaced on either legal size, i.e. 8 1/2 inch by 14 inch or letter size, i.e. 8 1/2 inch by 11 inch, paper and shall be in the English language. Margins shall be two (2) inches at the top and one (1) inch at the sides and the bottom. An exception shall be made for exhibits which may be other sizes, unless specifically prepared for court use in which case they shall be letter size.
Document Filing Requirements24 rules
An administrative-stay request must be presented to the Duty Judge by verified petition of appeal or supporting affidavits establishing immediate irreparable injury and certifying the efforts made to give notice or explaining why notice could not be given.
All requests for an administrative stay must be presented to the Duty Judge and will be processed similar to a request for a temporary restraining order (CCP Art. 3603) in the following manner: an application for an administrative stay must be by a verified petition of appeal and/or by supporting affidavits stating specific facts which show that immediate and irreparable injury, loss or damage will result to the applicant before the adverse party or his attorney can be heard in opposition to the granting of the administrative stay and the applicant or his attorney must certify to the Court in writing what efforts have been made to give notice to the adverse party of the request for an administrative stay or the reasons supporting his claim that notice would not be given to the adverse party.
Document Type
Administrative Stay Application
Hurricane Katrina and Rita property-damage petitions must bear the case number and be designated "Hurricane Litigation" on the pleadings.
The petition shall bear the case number and shall be designated by the words "Hurricane Litigation" on the pleadings.
Document Type
Petition
A motion to set must include a certificate confirming that all parties have answered or preliminary defaults were taken, discovery is complete, preliminary matters are resolved, and the case is ready for a pretrial conference or trial.
In this Rule - 9.14 instance, the motion to set shall be accompanied by a certificate that all parties have answered or preliminary defaults have been taken against them, including third-party defendants, all depositions and Appendix - 9.14 discovery have been completed, all exceptions and preliminary matters have been disposed of, and the matter is ready for a pre-trial conference or to be set for trial.
Document Type
Motion To Set Trial
Counsel must file a written motion to request that the Division Judge set an allotted case for trial, although the judge retains discretion to grant the request.
All cases that have been allotted and all proceedings in connection therewith may, at the discretion of the Division Judge, be set for trial upon written motion filed by the counsel seeking such trial.
Document Type
Motion To Set Trial
Before a La. C.C. Art. 102 divorce rule may be heard, the moving party or attorney must file the 102 Divorce Checklist, which operates as a pleading and must be executed in good faith after examining the record.
Before a rule for divorce pursuant to La. C.C. Art. 102 may be heard, the moving party or the mover's ===== PAGE 18 ===== attorney must file the 102 Divorce Checklist (Appendix 27.0A) into the record. The filing of the Rule - 27.0 checklist has the effect of a pleading and must be executed in good faith following an examination of the record.
Document Type
102 Divorce Checklist
The judgment of divorce must include certification from the Clerk of Court and Civil Sheriff that all costs have been paid.
Chapter - 28 Confirmation of default shall be in accordance with law. The judgment of divorce must contain a certification from the Clerk of Court and the Civil Sheriff that all costs have been paid.
Document Type
Divorce Judgment
After preliminary default, obtaining a divorce judgment requires the legally required documents and a completed Appendix 28.1B 1702(E) Divorce Checklist executed in good faith after examining the record; a La. C.C. art. 102 petition alone is insufficient.
After obtaining a judgment of preliminary default, a judgment of divorce may be obtained by submitting the necessary documents as required by law and a completed Appendix 28.1B 1702(E) Rule - 28.1 Divorce Checklist. The filing of the checklist has the effect of a pleading and must be executed in good faith following an examination of the record. A Petition filed under La. C.C. Art. 102 will not suffice Appendix - 28.1C as the Petition for Divorce required by the Appendix 28.1B 1702(E) Divorce Checklist.
Document Type
Divorce Judgment
When a divorce judgment is sought under La. C.C.P. art. 969, the required documents must be accompanied by an Appendix 28.2B 969(B) Divorce Checklist completed by an attorney.
When a judgment of divorce is sought pursuant to La. C.C.P. Art. 969, the required documents must be accompanied by an Appendix 28.2B 969(B) Divorce Checklist completed by one of the attorneys.
Document Type
Divorce Judgment
When an ex parte temporary-custody order is sought and a prior legal custody order exists, the suit record must accompany the application.
A. If an ex parte order of temporary custody is sought when a prior legal custody order exists, the suit record must accompany the application.
Document Type
Application For Exparte Custody
Every ex parte custody application must include an order setting a rule to show cause in the proper division and, absent good cause or a legal prohibition, must provide for visitation compliant with Louisiana Civil Code article 3945.
All applications for ex parte custody shall include an Order setting a Rule to Show Cause in the proper division and, except for good cause shown or where prohibited by law, the application must provide for visitation in compliance with La. C.C.P. Art. 3945.
Document Type
Application For Exparte Custody
Every ex parte custody application must include the Appendix 29.0A application and Appendix 29.0B attorney certification.
All applications for ex parte custody shall include an Appendix 29.0A Application for Ex Parte Custody Order and the Appendix 29.0B Appendix - 29.0C Certification by Applicant’s Attorney in Compliance with La. C.C.P. art. 3945(B).
Document Type
Application For Exparte Custody
A claimant filing a civil Small Claims Division claim for $5,000 or less must complete the court form and provide contact information for the claimant.
Persons filing civil claims in the Small Claims Division in which the amount in dispute is five thousand dollars ($5,000) or less shall complete a form with the Clerk of First City Court setting forth the nature of such claims and shall include a street address, phone number(s), facsimile number (if any) and e-mail address (if any) where the claimant may be contacted during the pendency of the proceedings.
Document Type
Small Claims Claim
Each pleading must be signed by an attorney or self-represented litigant, with the signer’s contact information and, for attorneys, the Louisiana Bar Identification Number, typed or printed below the signature.
Each pleading shall be signed by an attorney or by a self-represented litigant. The correct mailing address, street address, post office box (if applicable), phone number, facsimile number, and e-mail address, if any, of the person signing the pleading, and in the case of an attorney, the Louisiana Bar Identification Number, shall appear typewritten or printed below the signature.
Document Type
Pleading
Pleadings, motions, and other papers filed after the complaint or petition must include a certificate showing delivery or mailing of a copy to opposing counsel or an unrepresented opposing litigant.
Section 5. All pleadings, motions, and other papers filed subsequent to the complaint or petition shall be accompanied by a certificate showing that a copy was delivered or mailed to the opposing counsel, or to the opposing litigant or litigants, if not represented by counsel.
Document Type
Pleadings
An ex parte application must disclose prior applications, the judge and outcome of any prior application, claimed new facts, and why the request is not renewed before the original judge.
Section 2. Whenever application is made ex parte for an order, counsel presenting it shall state whether any previous application has been made for such order, and if made, to what Judge, and what order or decision was made thereon, and what new facts, if any, are claimed to be shown, and why the application is not renewed to the Judge who originally refused the order.
Document Type
Ex Parte Motion
An extension-of-time motion must identify whether it requests the first, second, or a subsequent extension.
Section 3. Any motion for an extension of time shall contain a statement as to whether this motion is for the first, second, or subsequent extensions requested.
Document Type
Motion For Extension Of Time
A motion to compel must identify the stated ground and, when challenging responses, specify the questions and responses at issue and submit copies of the interrogatories and answers.
If a motion to compel is filed pursuant to Articles 1467 or 1469 of the Louisiana Code of Civil Procedure, said motion shall identify as a ground either (1) that no responses have been timely filed, or (2) that the answers are insufficient or non-responsive. In the latter case, the motion shall specify each question and response to which the motion is directed and, the parties shall submit a copy of the interrogatories and answers.
Document Type
Motion To Compel
A motion to withdraw as attorney of record must state that the client was notified and provide the attorney’s current address and phone number for notice purposes.
In every motion to withdraw as attorney of record, the moving attorney shall: 1) state in his motion that his client has been advised by letter that he is seeking to withdraw and has been sent by certified mail or given a copy of his motion to withdraw and letter; and 2) state in his motion a current address and phone number which will be used by the Court and/or opposing counsel or litigant for all matters requiring notice.
Document Type
Motion
A mediator must file notice of acceptance with the court and send a copy to the Louisiana Supreme Court Judicial Administrator’s Office.
The mediator shall file with the Court notice of his/her acceptance of the appointment. A copy of the notice of acceptance shall also be transmitted to the Louisiana Supreme Court Judicial Administrator’s Office.
Document Type
Notice Of Acceptance
A motion for dismissal must include a certificate stating whether the case was set for trial and, if so, the trial date.
Before filing a motion for dismissal of any case for any reason, a certificate shall be added to said motion setting forth whether or not the case had been fixed for trial and if so on what date it had been so fixed.
Document Type
Motion
The submitting attorney must provide each party's name and litigation status and each representing attorney's name, address, and telephone number.
THE ATTORNEY SUBMITTING THIS MOTION IS REQUIRED TO PROVIDE BELOW OR IN THE REVERSE SIDE: 1) The name of each party to this law suit and their status, i.e., defendant, Third Party, Plaintiff 2) The name, address and phone number of each attorney representing each party.
Document Type
Motion To Set For Trial
The motion to set the case for trial must certify that trial counsel conferred and that the case is ready for trial.
who certifies that Trial Counsel have conferred on the day of , 20 and the case is ready for trial in accordance with Rule 10, Section I reprinted on the reverse side hereof, moves the Court to set this case for trial.
Document Type
Motion To Set For Trial
A case may be placed on the trial docket only upon a party's motion establishing that issues are joined, consolidation is complete, exceptions and summary-judgment motions have been resolved, discovery is complete, and the case is ready for trial.
No case shall be placed upon any docket for trial, except by order of the court, granted upon motion by a party, suggesting to the Court that all issues propounded in the principal and incidental demands have been joined; that cases which should be consolidated have been consolidated; that all exceptions have been disposed of, motions for summary judgement heard; all discovery completed; and that the case is ready for trial on its merits.
Document Type
Motion To Set For Trial
If a prior ex parte custody application was sought, the new application should reference that application and the resulting order or decision.
If a prior application was sought, reference should be made to Rule - 29.0 such application and what order or decision was made thereon.
Document Type
Application For Exparte Custody
Filing & Service rules
Filing Timing and Cure Windows
For Hurricane Katrina and Rita cases, all motions and exceptions must be filed and disposed of within 30 days of the trial date.
All motions and exceptions shall be filed and disposed of within Thirty (30) days of the trial date.
Page 5 | HURRICANE KATRINA AND RITA CASES
A typewritten judgment must be submitted within fifteen calendar days after a written stipulation is executed.
If a Written Stipulation has been executed, the typewritten judgment must be submitted within fifteen calendar days.
Page 16 | Court-Specific Rules on Preparation and Submission of Judgments in Family Law Proceedings
All other judgments, including consent agreements and considered decrees, must be submitted within seven calendar days.
All other judgments, whether a consent agreement or a considered decree, must be submitted within seven Appendix - 25.0 calendar days.
Page 16 | Court-Specific Rules on Preparation and Submission of Judgments in Family Law Proceedings
The clerk will not accept pleadings for filing until the preceding requirements of Rule 7 have been satisfied.
Section 6. Pleadings shall not be accepted for filing until the foregoing sections of this rule have been complied with.
Page 3 | Rule 7, Section 6
The opposing party must file a brief opposition statement with supporting authorities at least 72 hours before the hearing.
The opposing party shall file at least 72 hours prior to the time of the hearing a brief statement of the reasons in opposition with a citation of authorities relied upon.
Page 4 | Rule 11, Section 2
Discovery portions intended for trial or a potentially dispositive pretrial motion must be filed with the clerk at the trial outset or when the motion is filed.
If interrogatories, requests, answers, or responses are to be used at trial or are necessary to a pre-trial motion which might result in a final order on any issue, the portions to be used shall be filed with the Clerk at the outset of the trial or at the filing of the motion insofar as their use can be reasonably anticipated.
Page 7 | Rule 29. Discovery Proceedings, Section 2(C)
A party opposing referral to mediation must file a written motion stating the reasons within ten court days after notice of the referral order.
Any party may then oppose the order and urge that the case not be mediated. Such opposition shall be registered by written motion, specifying the reasons for the opposition, filed within ten court days of notice of the Order of Referral for Mediation.
Page 8 | Rule 32. Mediation, Section 1
If a dispute leaves a judgment unsigned for more than ten days, the parties must obtain a transcript of the oral judgment and set an immediate status conference or seek a ruling from the presiding judge.
If a dispute arises which causes a judgment to remain unsigned for more than ten days, the parties shall obtain a transcript of the oral judgment and set the matter for an immediate status conference or rule with the presiding judge.
Page 16 | Court-Specific Rules on Preparation and Submission of Judgments in Family Law Proceedings
Service and Proof of Service Rules
All pleadings in Small Claims cases must be served in accordance with the Louisiana Code of Civil Procedure.
In all small claims cases, service of all pleadings shall be made in accordance with the Louisiana Code of Civil Procedure.
Page 2 | Rule 5A. Small Claims Cases, Section 2
In other cases, five judicial days must elapse between notice of trial and trial, with notice served through the Constable or by court order unless law provides otherwise.
In all other cases, five judicial days shall intervene between the notice of trial and the day of trial, which notice of trial shall be given to the adverse party or his attorney of record, either through service by the Constable, or by ‘‘Order of Court’’, in writing or orally, unless otherwise provided by law.
Page 5 | Rule 12, Section 8
For unrepresented litigants, notices must be mailed to the address in the pleadings; if no address is provided, posting the trial notice on the bulletin board constitutes adequate notice.
Section 3. In any matter in which a litigant is not represented by an attorney of record, all notices shall be mailed to the litigant to his address. If the litigant’s address is not set out in the pleadings, posting of such Notice of Trial date on the bulletin board shall constitute ample notice to the litigant.
Page 6 | Rule 17, Section 3
Certain discovery materials must be served on opposing counsel or parties but generally are not filed unless a judge orders filing; the serving party must retain the original.
Interrogatories under Article 1421 of the Louisiana Code of Civil Procedure, and the answers thereto, Requests for Production or Inspection under C.C.P. 4121, and responses thereto, shall be served upon the other counsel or parties, but shall not be filed with the Court, unless a Judge of this Court orders that such be filed. The party responsible for service of the discovery material shall retain the original and become the custodian of any such non-filed materials.
Page 7 | Rule 29. Discovery Proceedings, Section 2(A)
A constable must return served papers within 24 hours and place the return in the record before trial.
The constable shall make his return within 24 hours after the service of all papers intrusted to him for service, which return shall be placed in the record before the hour fixed for the trial of any cause.
Page 7 | Rule 26. Constables’ Return
A copy of the motion must be mailed to all counsel of record before it is submitted to the court.
Mover further certifies that a copy hereof has been Mailed to all counsel of record before submission to the Court.
Page 1 | Motion to Set for Trial on the Merits
A copy of the notice of trial must be mailed to each attorney or party in proper person.
I certify that a copy of this notice has been Mailed to each attorney or party in proper Person.
Page 1 | Notice of Trial
A copy of the jury cash deposit order was served on counsel of record and/or parties by hand delivery or mail.
The Court certifies that a copy of this Order has been served upon counsel of record and/or parties by hand delivery or by mail.
Page 1 | JURY CASH DEPOSIT ORDER PURSUANT TO LA.C.C.P. art. 1734.1(E)
Filing Fees and Waivers
The jury cash deposit must be made no later than 60 days before trial.
This sum shall be deposited NO LATER THAN (60) days prior to trial.
Page 1 | JURY CASH DEPOSIT ORDER PURSUANT TO LA.C.C.P. art. 1734.1(E)
A party requesting a jury trial must deposit $700.00 for each additional expected trial day.
and $700.00 for each additional day the trial is expected to last.
Page 1 | JURY CASH DEPOSIT ORDER PURSUANT TO LA.C.C.P. art. 1734.1(E)
A party requesting a jury trial must deposit $5,000.00 with the Clerk of Court for the first day of trial.
IT IS ORDERED that the party requesting a jury trial shall make a cash deposit with the Clerk of Court in the amount of $5,000.00 for the first day of trial
Page 1 | JURY CASH DEPOSIT ORDER PURSUANT TO LA.C.C.P. art. 1734.1(E)
Pleading filing costs must be paid to the Clerk when the pleading is filed, and the amount paid is a nonrefundable filing fee rather than a refundable deposit.
Costs shall be paid to the clerk at the time of filing of any pleadings as specified on the current list of fees in the Clerk’s Office. In all instances, the amount provided for is not a deposit, but is a filing fee, no part of which is refundable.
Page 2 | Rule 5. Dockets, Section 2
Unless the Rule 6A pleading exception applies, all filing fees must be paid to the Clerk before an original suit, proceeding, or subsequent pleading may be filed or docketed.
Except for pleadings filed in accordance with the provisions of Rule 6A, no original suit or proceeding shall be filed and/or docketed as provided by Rule 6, and no subsequent pleading shall be received and filed and/or docketed by the Clerk of First City Court, unless and until all fees for filing such suit and/or pleading are paid to said Clerk of the First City Court.
Page 2 | Rule 5. Dockets, Section 1
For a jury trial, the deposited funds are used to pay jury costs, and the court may require an additional deposit when needed.
If the case proceeds to trial by jury, the remaining funds on deposit shall be used to pay all jury costs. The court may require an additional deposit for costs as needed.
Page 1 | JURY CASH DEPOSIT ORDER PURSUANT TO LA.C.C.P. art. 1734.1(E)
If the case settles during the scheduled trial dates, the requesting party will be assessed an additional $320.00 in jury costs.
If the case settles within the dates the trial was scheduled to proceed, the court shall cast the party requesting the jury trial an additional $320.00 in jury costs.
Page 1 | JURY CASH DEPOSIT ORDER PURSUANT TO LA.C.C.P. art. 1734.1(E)
If the court receives written notice 60 days before trial that the case is resolved or will proceed to trial by judge, all deposited funds except $1,500.00 will be refunded.
All funds less $1500.00 shall be refunded, only if the court is notified, in writing, 60 (sixty) days in advance of trial, indicating that the case is resolved or will proceed to a trial by judge;
Page 1 | JURY CASH DEPOSIT ORDER PURSUANT TO LA.C.C.P. art. 1734.1(E)
The stated deposit schedule applies to a standard venire, but the court may require additional posted costs when more potential jurors are needed.
The above deposit schedule only applies to the calling of a standard venire. In the event that the case requires more potential jurors because of the length of the case or other factors, the Court may require additional costs to be posted.
Page 1 | JURY CASH DEPOSIT ORDER PURSUANT TO LA.C.C.P. art. 1734.1(E)
Pre-Motion Conference Requirements
The mover's attorney must sign the motion and certify an in-person conference with represented parties, except that no conference is required for a pro se party and an attorney outside the greater New Orleans area may confer by phone.
Said motion shall be signed by the attorney for the mover who shall certify that trial counsel for all parties have conferred, in person, to confirm the foregoing have been accomplished. No conference is required with any party appearing pro se. Any attorney residing outside the greater New Orleans area may confer by phone.
Page 2 | Rule 10, Section I
Adjournment & Extension Requirements
A continuance application must be written, state whether the opposing attorney or litigant opposes it, and specify the reason for the continuance.
A. All applications for a continuance shall be in writing, and shall specify whether the opposing attorney or litigant opposes the continuance. The application shall set forth the specific reason for the Rule - 24.8 continuance.
Page 14 | Court-Specific Rules Concerning Continuances in Family Law Proceedings
Contested continuance motions require a contradictory hearing, and an ex parte continuance generally may not be granted over opposition except in the most unusual circumstances supported by good ground; each continuance is evaluated on its merits.
B. Contested motions for continuances must be set for contradictory hearing. No ex parte motions for continuance shall be granted over the objection of the opposing counsel or party, except for the most Court-Specific Rules unusual circumstances, where there is good ground therefore. Continuances will be evaluated on the Concerning merits on a case-by-case basis.
Page 14 | Court-Specific Rules Concerning Continuances in Family Law Proceedings
Counsel unable to try a case on the scheduled date must notify opposing counsel and file a written continuance motion stating the reasons, contact efforts, and whether the continuance is opposed.
Section 2. If counsel is unable, for any reason, to try the case on the day fixed, he SHALL notify opposing counsel AND file a written motion for continuance giving his reasons for being unable to try said case, and present it to the Judge for his signature. The motion for continuance must show that the opposing counsel has been contacted (or that due diligence has been made to so contact) and whether said counsel opposes or does not oppose the said continuance.
Page 6 | Rule 15, Section 2
The attorney or litigant requesting a continuance must notify all parties and witnesses that the case will not be heard on the assigned day.
C. If the case is continued, it is the responsibility of the attorney or litigant who sought the continuance to notify all parties and witnesses that the case will not be heard on the assigned day.
Page 14 | Court-Specific Rules Concerning Continuances in Family Law Proceedings