La. Admin. Code tit. 1 § III-507

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-507 - Pleadings-Form and Content (formerly Section 311)

A. Unless otherwise required by law, pleadings should:

1. state the name, physical address, mailing address, e-mail address, and telephone number of the person filing the pleading, and his/her bar roll number, if applicable;

2. be legibly written, typewritten or printed with 1-inch top, bottom, and side margins on white paper, no larger than 8 1/2 by 11 inches;

3. be divided into separately numbered paragraphs and double-spaced;

4. state the relief sought;

5. state clearly, concisely, and particularly all relevant facts that support the relief sought;

6. when appropriate, identify any statute, regulation, rule, written statement of law or policy, decision, order, permit, or license and the particular aspect of each upon which the pleading relies;

7. be signed by the party filing the pleading or by his/her duly authorized representative or attorney. The signature of the person signing the document constitutes a certification that he/she has read the document and that, to the best of his/her knowledge, information and belief, every statement contained in the document is true; and

8. certify that service has been made in accordance with these rules.

B. The heading should be similar in format to, and shall include the information contained in, the following example:

STATE OF LOUISIANA

DIVISION OF ADMINISTRATIVE LAW

DEPARTMENT OF ________________________________ *

_________________________________________________ *

_________________________________________________ *

IN THE MATTER OF ______________ *DOCKET NO. ____

_________________________________________________ *

_________________________________________________ *

__________________________________________________

(TITLE OF PLEADING)

C. The certificate of service should be similar in format to, and shall include the information contained in, the following example:

"I certify that a copy of this document has been transmitted to all parties of record via (state method of transmission) on this __ day of ___ 20___."

D. Failure to comply with this Section shall not invalidate the pleadings, but the administrative law judge shall have discretion to rule whether pleadings are in substantial compliance with this Section, to require the amendment of or supplementation of any pleading, or to take such other action as may be appropriate.

E. A party may amend a pleading without leave of the administrative law judge up to 10 days prior to the hearing on the merits, unless otherwise provided by law or ordered by the administrative law judge. Thereafter, a party may amend a pleading only with leave of the administrative law judge for good cause shown.

La. Admin. Code tit. 1, § III-507

Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:42 (January 2002), Amended LR 38:2947 (November 2012), repromulgated LR 46318 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:991 et seq.