Louisiana Motion for Extension of Time to File Writs

State:
Louisiana
Control #:
LA-5255
Format:
Word; 
Rich Text
Instant download

Description

In this example, the defendant states that she has not yet been provided with a copy of a requested court transcript. Defendant therefore requests an extension of time to file Writs of Certoriari, in order to have sufficient time to obtain all documents necessary to complete the application. Defendant further requests a stay of proceedings until the appeal court has ruled on the matter. An attached order grants the requests for extension and stay of proceedings.
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FAQ

A writ is defined as a formal written order issued by a higher court which requests a lower court or a government entity to take action. Warrants, orders, directions, and subpoenas are all considered writs. When it comes to criminal cases, a defendant may file one or more writs in one trial.

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.

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.

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.

2. To be timely, a petition for writ of certiorari must be filed with the Clerk of the United States Supreme Court within 90 days of entry of judgment. The time to file a petition for writ of certiorari runs from the date of entry of the judgment sought to be reviewed, and not from the date of issuance of the mandate.

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.

Filing the Notice of Appeal. Abandonment or Settlement. Waiver of Fees. Designating the Record. Civil Case Information Sheet. Briefs. Oral Argument. The Court's Decision.

A court writ is a document or an order from a higher court that directs a lower court or a government official to take some kind of action.Most writs require advanced legal knowledge and involve detailed procedures. Defendants contemplating making an application for a writ are wise to consult counsel.

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Louisiana Motion for Extension of Time to File Writs