La. Admin. Code tit. 46 § LXX-12302

Current through Register Vol. 50, No. 9, September 20, 2024

Section LXX-12302 - Form and Content of Pleadings

A. Typewritten or Printed. All pleadings filed in any proceeding shall be typewritten. The impression shall be on one side of the paper, and lines shall be double-spaced, except that long quotations, tables or schedules of data, etc., may be single-spaced, and indented. Any papers will be accepted as typewritten if produced by an copying or duplicating process which produces a clear black image on white paper (any attached exhibits may contain color images). The paper shall be unglazed, and the printing shall be in clear type.

B. Size of Papers. All papers, except exhibits, shall not exceed a width of 8-1/2 inches and a length of 11 inches, and shall have inside margins not less than one inch wide. Whenever practical, all exhibits of a documentary character shall conform to said requirements of size and margin.

C. Signature and Address. The original copy of every pleading shall be signed in ink by the party filing the paper, or by the officer, attorney or other representative who appears for such party. Pleadings shall contain the address, telephone number, fax number and email address of the party or representative filing the paper or, if he is represented by an attorney, the name, business address, state bar number, fax number, email address and telephone number of such attorney.

D. Other Requirements. All pleadings shall contain:

1. the name of the party on whose behalf the pleading is filed;

2. a concise statement of the relevant facts relied upon by the pleader;

3. separately numbered paragraphs, when appropriate;

4. when appropriate, each statute, court decision, agency rule or regulation relied upon;

5. a prayer stating the type of relief, action or order desired by the pleader;

6. any other matter required by statute or rule;

7. a certificate of service, when service is required; and

8. where appropriate, the caption or heading should be similar in format to and shall include the following information:

PILOTAGE FEE COMMISSION

STATE OF LOUISIANA

IN THE MATTER OF DOCKET NO.

*

*

*

______________________________________________

(Title of Pleading)

E. Request For Action.

1. In addition to the other requirements contained in the rules, if the pleading is a Request for Action that seeks an increase in rates or fees, it shall not be considered effectively filed unless it shall have appended thereto the notice for publication required by Rule 27, the sworn testimony, affidavits and exhibits representing applicant's case in chief and upon which the party will rely in support of its request for an increase in rates or fees and a proposed schedule of the rates or fees designed to effect the proposed increase. For the purpose of commencing the one year period in La. R.S. 34:1122 D(9), a Request for Action relative to pilotage fees shall be in proper form in accordance with the requirements set forth in these rules.

2. A Request for Action that seeks a decrease in rates or fees shall not be considered effectively filed unless it shall have appended thereto the notice for publication required by Rule 27, and include a statement setting forth the substantial interest of the party filing the request, a description of the rates at issue, and the basis for the proposed decrease in rates.

F. Initial Filings

1. In conjunction with its filing of a Request for Action or other initial pleading in a proceeding, each party shall designate one "contact" person who shall serve as the party's agent for receiving mailings and other communications from the Commission regarding the proceeding and other parties of record in the proceeding and shall provide the "contact" person's mailing address, telephone number, email address, and fax number.

G. File-Stamped Copies

1. Parties requesting the return of file-stamped copies of a pleading must provide the additional copies, as well as a stamped, self-addressed envelope for that purpose.

La. Admin. Code tit. 46, § LXX-12302

Promulgated by the Office of the Governor, Pilotage Fee Commission, LR 32:618 (April 2006).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:967 and Pilotage Fee Commission Rule 60.