Louisiana Writ Application Intake Form

State:
Louisiana
Control #:
LA-SKU-0008
Format:
PDF
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Description

Writ Application Intake Form

The Louisiana Writ Application Intake Form is a document used by the Louisiana Supreme Court to process writ applications. It is used by attorneys, legal professionals, and private citizens to initiate a writ of any type. This form is required for all writ applications and must be filled out completely in order to be considered. The form collects information such as the petitioner's name, contact information, and the type of writ being requested. There are three types of Louisiana Writ Application Intake Form. The first is the Original Writ Application Intake Form, which is used to initiate a writ of any type. The second is the Motion to Recall a Writ Application Intake Form, which is used to recall an original writ. The third is the Motion to Quash a Writ Application Intake Form, which is used to quash a writ that has been issued.

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FAQ

Writs. Rulings that cannot be appealed as of right, for example, interlocutory judgments or orders, may be reviewed by supervisory writ. The Louisiana courts of appeal are vested with supervisory jurisdiction over cases that arise within their respective circuits.

Writs were developed over time as a way for authorities?legal and otherwise?to direct others to perform specific actions. This means that a modern-day writ provides an order from a higher to a lower court, from a court to an individual or other entity, or from a government agency to another party.

And while there are exceptions, supervisory writs are generally invoked for interlocutory rulings, while an appeal is the proper mechanism for review of a final judgment. Appellate courts have both appellate jurisdiction and supervisory jurisdiction over cases which arise within its circuit under La. Const. art.

A writ is a directive from this court to a trial court, an administrative agency, or a person to do something or to stop doing something. Unlike appeals, which are heard as a matter of right, writ petitions are generally heard as a matter of discretion, and they are governed by equitable principles.

The return date is the date on or before which the party must file an application for a supervisory writ in the court of appeal. The return date cannot exceed 30 days from the date of the notice of the judgment being appealed.

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. The Appeals Division's fax and email are available 24 hours a day.

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.

And while there are exceptions, supervisory writs are generally invoked for interlocutory rulings, while an appeal is the proper mechanism for review of a final judgment. Appellate courts have both appellate jurisdiction and supervisory jurisdiction over cases which arise within its circuit under La. Const. art.

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Louisiana Writ Application Intake Form