Section 4 - Writ Applications; Criminal; Content In criminal cases, a writ application shall contain:
1. An index of all items contained therein; 2. A statement of which of the considerations set forth in Section 1(a) of this rule is present in the case; 3. A memorandum, not exceeding 25 pages, or in a capital post-conviction case, not exceeding 50 pages, with typeface and margins as described in La. S.Ct. Rule VII, § 2, containing: (a) A concise statement of the case summarizing the nature of the case and prior proceedings;(b) An assignment of errors in the opinion, judgment, ruling or order complained of; (c) A summary of the argument which should be a succinct but accurate and clear condensation of the argument actually made within the body of the memorandum; it should not be a mere repetition of the headings under which the argument is arranged. (d) An argument of each assignment of error on the facts and law, addressing particularly why the case is appropriate for review under the considerations stated in Section 1(a) of this rule. [Amended effective October 15, 1999.]4. A verification, as required by Section 2(d) of this rule;5. A copy of the judgment, order or ruling and opinion or reasons for judgment, if any, of the court of appeal, including rulings and opinions on rehearing or applications therefor; [amended effective June 1, 2007]6. An appendix, separately bound from the writ application, containing:(a) A copy of the charging document filed in the court of original jurisdiction, if specifically relevant to the writ application;(b) A copy of the minutes of the proceedings in the trial court, if specifically relevant to the judgment or order under review;(c) Copies of briefs of all parties filed in the court of appeal relevant to the issues raised by the application;(d) Where relevant to the writ application, a copy of the judgment, order or ruling of the trial court, and the reasons for same, if written or transcribed, and a copy of the pleadings on which the order or ruling is founded;(e) A copy of the order of the trial judge fixing the time for filing the application in this court, if such be required by Section 5(b) of this rule, and of any extension thereof, or if a copy is not readily available, an affidavit of the applicant or counsel indicating the contents of the order and explaining why the order is not available;(f) The inclusion of other documents is discouraged, with the exception of transcripts of relevant judicial proceedings. The court may require the submission of any additional documents or information that it deems useful to its consideration of the application;(g) Applications in cases where an application has been previously filed and is pending may refer to the documents or exhibits attached to the previous application without the necessity of filing additional copies. Only an original and duplicate copy of the separately bound appendix shall be filed with the writ application.
Amended effective 6/1/2007