Rule 9.9 - Memoranda Supporting or Opposing Exceptions and Motions(a) This Rule does not apply to juvenile and family law proceedings. Due to the expedited nature of family law proceedings, time delays shall be at the discretion of the court.(b) When a party files an exception or motion, that party shall concurrently furnish the trial judge and serve on all other parties a supporting memorandum that cites both the relevant facts and applicable law. The memorandum for motions and exceptions, other than motions for summary judgment, shall be served on 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. The delays for motions for summary judgment filings are set forth in La. Code Civ. Proc. art. 966.(c) A party who opposes an exception or motion shall concurrently furnish the trial judge and serve on all other parties an opposition memorandum so it is received at least eight calendar days before the scheduled hearing, except for motions for summary judgment, which delays are established by La. Code Civ. Proc. art. 966.(d) The mover or exceptor may furnish the trial judge a reply memorandum, but only if the reply memorandum is furnished to the trial judge and served on all other parties so that it is received before 4:00 p.m. on a day that allows one full working day before the hearing, except for motions for summary judgment, which delays are established by La. Code Civ. Proc. art. 966. For example, if the hearing is set for Friday, the reply memorandum shall be received no later than 4:00 p.m. the preceding Wednesday. If the hearing is set for Monday, the reply memorandum shall be received no later than 4:00 p.m. the preceding Thursday.(e) Parties who fail to comply with paragraphs (b) and (c) of this Rule may forfeit the privilege of oral argument. If a party fails to timely serve a memorandum, thus necessitating a continuance to give the opposing side a fair chance to respond, the court may order the late-filing party to pay the opposing side's costs incurred on account of the untimeliness.(f) Any party may, but need not, file a copy of the memorandum with the clerk of court. See Rule 9.4 and Appendix 9.4 to determine whether a particular judicial district requires that memoranda be filed with the clerk of court or sent directly to the presiding judge. (g) Paragraphs (b) - (d) do not apply to the following motions: (1) A motion for an extension of time to perform an act. (2) A motion to continue a pre-trial conference, hearing, motion, or trial of an action. (3) A motion to add or substitute parties. (4) A motion to amend pleadings or to file supplemental pleadings. (5) A motion to appoint a guardian, curator, or tutor. (6) A motion to intervene. (7) A motion to withdraw or substitute counsel of record (but any such motion shall comply with Rule 9.13 ).(8) A motion to consolidate. (9) Any unopposed motion or joint motion. (10) A motion for the court to give in writing its findings of fact and reasons for judgment under La. Code Civ. Proc. art. 1917.(11) A motion to compel a response to discovery when no response has been made. (12) Any motions allowed to be granted ex parte under La. Code Civ. Proc. art. 963. Any motion listed in (1) through (12) shall state the grounds in support, cite any applicable rule, statute, or other authority justifying the relief sought, and comply with Rule 9.8 to the extent applicable.
Adopted April 1, 2002, effective 4/1/2002; amended June 2, 2003, effective 7/1/2003; amended October 29, 2003, effective 1/4/2004; amended November 20, 2009, effective 1/1/2010; amended April 20, 2010, effective 6/1/2010; amended April 29, 2014, effective 6/1/2014; amended October 7, 2015, effective 1/1/2016.Comment
(a) The Louisiana Code of Civil Procedure takes precedence over the District Court Rules. See Comment (a) to Rule 1.0. See also House Bill No. 696 of the Louisiana Legislature's 2015 Regular Session, which will alter the deadlines for filing requirements and delays for motions for summary judgment effective January 1, 2016.
(b) See La. Code Civ. Proc. art. 1313 regarding service of pleadings subsequent to the original petition.