Section 5 - Writ Applications; Time for Filing [Ed. Note: See Louisiana Code of Civil Procedure Article 2166, as amended by Act 587 of 2001, effective August 15, 2001]
(a)(1) An application seeking to review a judgment of the court of appeal either after an appeal to that court, or after that court has granted relief on an application for supervisory writs (but not when the court has merely granted an application for purposes of further consideration), or after a denial of an application, shall be made within thirty days of the mailing of the notice of the original judgment of the court of appeal; however, if a timely application for rehearing has been filed in the court of appeal in those instances where a rehearing is allowed, the application shall be made within thirty days of the mailing of the notice of denial of rehearing or the judgment on rehearing. No extension of time therefor will be granted.(2) An application seeking expedited review of a judgment of the court of appeal as described in subsection (a)(1) shall be filed as soon as possible after the court of appeal's disposition and in no event more than ten days after the mailing of notice of judgment by the court of appeal. Failure to comply with this rule without good cause may be grounds for denial of expedited review (with review in regular course if the application is otherwise timely under subsection (a) (1)) and/or imposition of sanctions against the party seeking expedited review.(b) When an application is sought to review the action or inaction of a trial court in (a) a case in which the court of appeal does not have supervisory jurisdiction, i.e., a criminal case in which a death sentence has been imposed or in which a conviction and sentence were imposed before July 1, 1982, or (b) a case in which the court of appeal has supervisory jurisdiction but the applicant seeks to file an application directly or simultaneously in this court (which application will not ordinarily be considered by this court absent extraordinary circumstances), the trial court shall fix a reasonable time within which the application shall be filed in this court, and the trial court may in the court's discretion stay further proceedings. Upon proper showing, the trial court or this court may by order extend the time for such filing. Any application not filed in this court within the time so fixed or extended may not be considered, in the absence of showing that the delay in filing was not due to the applicant's fault. (c) An application for a writ to review a decision of the court of appeal on an objection to a candidacy or on an election contest, shall be made, as provided by R.S. 18:1409 and 18:1413, within forty-eight hours, including Sundays and other legal holidays, after judgment is rendered by the court of appeal; however, if the forty-eighth hour falls on a Sunday or other legal holiday, then noon of the next legal day shall be deemed to be the expiration of the time interval. If the application is granted, the case shall be promptly heard and decided. No application for a rehearing of the case shall be entertained.
(d) An application properly mailed shall be deemed timely filed if mailed on or before the last day of the delay for filing. If the application is received by mail on the first legal day following the expiration of the delay, there shall be a rebuttable presumption that it was timely filed. In all cases where the presumption does not apply, the timeliness of the mailing shall be shown only by an official United States postmark or cancellation stamp or by official receipt or certificate from the United States Postal Service, or bonafide commercial mail services such as Federal Express or United Parcel Service, made at the time of mailing which indicates the date thereof. Any other date stamp, such as a private commercial mail meter stamp, or label from an Automated Postal Center, shall not be used to establish timeliness. Applications forwarded by private delivery or courier service shall be deemed timely filed only if received by the clerk on or before the last day of the delay for filing.
Amended effective 10/12/2015; amended effective 11/16/2015; amended July 26, 2022, effective 9/1/2022.