La. R. Sup. Ct. 6

As amended through May 31, 2024
Section 6 - Writ Applications; Oppositions

Any party may file and serve an opposition memorandum, setting forth reasons why the application should not be granted. The opposition must be filed within thirty days of the date of the acknowledgement letter issued by this court. No extensions of this deadline shall be granted unless the party can demonstrate through clear and convincing evidence that the delay was the result of circumstances beyond its control. The opposition memorandum should be as brief as possible, and must not exceed twenty-five pages in length.

Other pleadings or documents shall not be filed with the opposition memorandum, unless their inclusion is essential to demonstrate why the application should not be granted. In the event any other pleadings or documents are filed, they shall be bound separately from the opposition memorandum and shall not exceed twenty-five pages.

The Clerk will not accept for filing any other pleadings or documents if the twenty-five page limit is exceeded. The applicant shall have seven days from the date the filing is rejected to file other pleadings or documents that conform to this rule.

When the application requests emergency action or a stay order, any party desiring to oppose such action should file the opposition to such action immediately upon receipt of a copy of the application.

Oppositions serve an important purpose in assisting the court in the exercise of its discretionary jurisdiction. As such, the court encourages the filing of oppositions.

La. R. Sup. Ct. 6

Amended effective 6/1/2007; amended February 27, 2024, effective 4/1/2024.

Official Comment

The court is cognizant that in many cases, the prior fifteen-day opposition deadline was too short for opposing parties to adequately respond to issues raised in the application, which has resulted in the filing of motions for extension of time. While the court encourages the filing of oppositions, motions for extension can delay consideration and affect the court's ability to rule upon applications in a timely fashion. To balance these competing concerns, the fifteen-day opposition deadline has been increased to thirty days, with the condition that no extensions will be permitted. The only exception to this prohibition is for truly exceptional situations where the party can demonstrate through clear and convincing evidence that the inability to file the opposition timely was due to circumstances beyond the party's control. Circumstances within a party's control, such as errors in calendaring the delay or conflicting obligations, shall not constitute a basis for extension under this rule.