Louisiana Motion and Order for Extension of Return Date for Supervisory Writs
Understanding this form
The Motion and Order for Extension of Return Date for Supervisory Writs is a legal document used by defense counsel to request an extension on the return date for previously granted supervisory writs. This form is necessary when the Court Reporter cannot prepare the transcript before the original return date, ensuring that the defendant's rights are protected and the legal process can continue without unnecessary delays.
Key parts of this document
- Judicial district and parish information where the motion is filed.
- The case caption that includes the names of the parties involved.
- A section for the defense counsel to make the motion and state the reason for the extension.
- The proposed new return date for the supervisory writs.
- An order section for the judge to sign and approve the extension.
- A certificate of service to confirm that the District Attorney's office has been notified.
State-specific compliance details
This form is designed for use in Louisiana and reflects the specific rules and terminology of the Louisiana judicial system. It aligns with local court procedures to ensure that motions are processed appropriately.
When this form is needed
This form should be used when a defendant in a legal proceeding needs additional time for the Court Reporter to prepare necessary transcripts for supervisory writs. Situations may arise where a timely response to the writ is required, yet unforeseen delays in transcript preparation could jeopardize the fairness of the legal process. This motion seeks to formally extend that timeline.
Intended users of this form
This form is intended for:
- Defense attorneys representing clients who need an extension on supervisorial writs.
- Legal professionals handling cases in Louisiana courts.
- Defendants seeking to ensure their rights are protected due to delays in transcript availability.
Steps to complete this form
- Enter the name of the judicial district and parish at the top of the form.
- Fill in the names of the parties in the case in the appropriate sections.
- State the reasons for requesting an extension clearly in the motion field.
- Specify the new proposed return date for the supervisory writs.
- Ensure that the judge's signature line is prepared for the order.
- Complete the certificate of service to confirm that all parties involved, particularly the District Attorney's office, have been notified of the motion.
Does this form need to be notarized?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Common mistakes to avoid
- Forgetting to include the correct judicial district and parish information.
- Not clearly articulating the reasons for the requested extension.
- Leaving the new return date section incomplete or improperly formatted.
- Failing to sign the document where required.
- Neglecting to deliver a copy of the motion to the District Attorney's office.
Advantages of online completion
- Convenient access to legal forms at any time, allowing for quick preparation.
- Editable templates provide flexibility to customize the motion as needed.
- Reliable templates drafted by licensed attorneys ensure that the legal language is appropriate and effective.
Form popularity
FAQ
All pleadings/motions/requests may be filed with the Appeals Division by mail, fax or email. The Appeals Division fax number is (225) 342-8058, and its email address is dscs.appeals@la.gov.
Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial's procedure or errors in the judge's interpretation of the law. The party appealing is called the appellant, or sometimes the petitioner. The other party is the appellee or the respondent.
A challenge to a previous legal determination. An appeal is directed towards a legal power higher than the power making the challenged determination. In most states and the federal system, trial court determinations can be appealed in an appellate court.Appeals can be either discretionary or of right.
Generally, an interlocutory judgment cannot be appealed immediately; any appeal must await entry of a final judgment. But Louisiana's appellate courts have supervisory jurisdiction over trial courts, and sometimes exercise that jurisdiction to review an interlocutory judgment immediately by granting a supervisory writ.
The granting of a writ does not necessarily mean that the Supreme Court disagrees with the decision of the lower court. Granting a writ of certiorari means merely that at least four of the justices have determined that the circumstances described in the petition are sufficient to warrant review by the Court.
As its name suggests, a suspensive appeal "suspends" the lower court's judgment and prevents it from being enforced while the appeal is pending. The devolutive appeal does not suspend the enforcement of the judgment while the appeal is pending. The suspensive appeal has one major catch.
A devolutive appeal is an appeal which allows the party who received the judgment to attempt to collect on the judgment while the appeals court decides the issues, as opposed to suspending the collection process while the appeal is pending. A devolutive appeal is allowed in some jurisdictions, like Louisiana.
An appeal is a petition to a higher court by the losing party in a lawsuit to overturn a lower court's ruling. A writ is a directive from a higher court ordering a lower court or government official to take a certain action in accordance with the law.
To perfect the appeal is to fully comply with the rules, procedures, and time lines of the court. When an appeal has been perfected, it is sent to the Superior Court so the judge can review the decision of the lower court and decide whether or not it should be enforced. Synonyms: perfect the appeal.