Rule 2-16.1 - Opinions of the Courts of Appeal Opinions of the Court of Appeal, whether authored or per curiam, shall be formal opinions or memorandum opinions.
A. A case may be disposed of by formal opinion when at least one of the following criteria is satisfied. The formal opinion:(1) establishes a new rule of law or alters or modifies an existing rule;(2) involves a legal issue of continuing public interest;(3) criticizes or explains existing law;(4) applies an established rule of law to a factual situation significantly different from that in published opinions of the courts of this state;(5) resolves an apparent conflict of authority; or (6) constitutes a significant and non-duplicative contribution to legal literature because it contains:(a) a historical review of the law; (b) a review of legislative history; or (c) a review of conflicting decisions among the courts or other jurisdictions. B. Where the panel unanimously agrees that a case does not qualify for disposition by formal opinion, the case may be disposed of by a concise memorandum opinion. A memorandum opinion shall succinctly state: (1) the court from which the appeal comes;(2) the germane facts, including the ruling of the lower court;(3) the issues and contentions of the parties when appropriate;(4) the reasons for the decision;(5) the judgment of the Court of Appeal; and(6) a statement that the memorandum opinion is issued in compliance with Rule 2-16.1(B).La. Uni. R. Ct. Appeal. 2-16.1
As amended 1/1/2004; amended May 2, 2022, effective 1/1/2023.