How to Appeal a Court’s Decision in Louisiana?
There are two types of appeals in Louisiana after a district court ruling. The first is called sus-pensive and suspends the original judgment of the district court until the appeal has fully processed. You have thirty days to appeal if you choose this method. The other type is devolutive where the ruling is not suspended, and you have sixty days to apply for this kind of appeal.
Order of Appeal
The first step, in either case, is to obtain an order of appeal in the court where your original case was held and lost. In your order of appeal, you can designate what portions of the record you want to be included in your case. Once fully compiled, this becomes the Record of Appeal.
Both parties in any appeal case are allowed to submit briefs on behalf of their case. A brief is a complex document with a lot of information, and it is the basis on which the panel of three judges make their opinion to uphold the original decision or overturn it.
The appellant has only twenty-five days to file their brief following the date of record for their order of appeal. Next, the appellee has forty-five days after receiving the appellant brief to file theirs. Then the appellant has an additional ten days to file a reply brief if they wish to do so.
There are specific formatting and content requirements for briefs which must be complied with, according to the Uniform Rules of the Courts of Appeal.
You have the option of requesting an oral argument as well. It will be either approved or denied by the court before your case is reviewed.
The panel of judges review all documentation, oral arguments and accompanying support media and then decide the case. The court will provide their final decision in writing to all parties involved.
If you are still not happy with the decision made, you have the option of applying for a petition for rehearing or taking it to the Supreme Court.