On June 1, 2023, the Louisiana Conference of Court of Appeal Judges adopted amendments to the Uniform Rules of the Louisiana Courts of Appeal, which will take effect on July 1, 2023. The amendments address appellate briefs and expedited appeals, and are expected to produce positive changes for Louisiana appellate lawyers. 

Appellate Briefs

Louisiana appellate lawyers are particularly excited about the amendments to Rule 2-12.2, Preparation of Briefs. These amendments serve to exclude cover pages, tables of contents, tables of authority, copies of judgements and certificates of service from the page limitations on appellate briefs. In Louisiana, “decretal language” requirements are strict and can result in lengthy judgments. Excluding copies of judgments from page limitations creates an opportunity for lawyers and district court judges to more fully articulate their reasoning.

Louisiana is a civil law jurisdiction, meaning that code articles and statutes always are held in higher authority than case law. Thus, excluding the table of authorities from page limitations is particularly important in this jurisdiction. Louisiana lawyers are trained to read the articles and statutes “in pari materia,” or along with related laws. Excluding the table of authorities offers an opportunity for Louisiana lawyers to cite more related law in their briefs, giving appellate courts a clearer picture of the state of the law affecting each case.

Expedited Appeals

The amendments to Rule 5-3, Procedures in Cases Designated for Expedited Handling, are small but significant. Previously, Rule 5-3 required appellate courts to mail notices to parties who fail to file briefs in these time-sensitive matters. The word “mailed” has been replaced with the word “transmitted,” opening up the possibility for appellate courts to use electronic mail for that transmission.