Louisiana Writ Application Filing Sheet

State:
Louisiana
Control #:
LA-SKU-0611
Format:
PDF
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Description

Writ Application Filing Sheet

The Louisiana Writ Application Filing Sheet is a document used to request a writ of habeas corpus from the Louisiana State Supreme Court. The writ is a legal action typically used to challenge the legality of a person’s detention or confinement. The filing sheet must be completed and submitted to the court in order to initiate the writ process. The Louisiana Writ Application Filing Sheet has two different forms, depending on the type of writ being requested. The first form is for an original writ of habeas corpus. This form requires the petitioner to provide information about the petitioner, the respondent, the grounds for the writ, and any other relevant documents. The second form is for a motion to proceed in form paupers, which allows those who cannot afford court fees to have their case heard. This form requires the petitioner to provide financial information, such as income and assets. Additionally, the filing sheet requires the petitioner to provide a statement that the writ is being requested in good faith and that the facts stated in the application are true and correct. The filing sheet must also be signed and notarized in order to be accepted by the court.

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FAQ

Regardless of when the notice of intent is filed, a party must file the application for a supervisory writ within 30 days of the notice of judgment, unless the party obtains an extension of time.

Filing Fees and Copies Answers to Appeal$127.50Motions on Unlodged Appeals/Writs$100.00All Other Civil Motions$50.00Exceptions$50.00Fee for Late Brief$100.009 more rows

Period of ordinary appeal. The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order.

An appeal which does not suspend the effect or execution of an appealable judgment or order must be filed within sixty days.

An appeal which suspends the effect or execution of an appealable judgment or order must be filed within thirty days. An appeal which does not suspend the effect or execution of an appealable judgment or order must be filed within sixty days.

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 Filing Sheet