Louisiana Writ of Execution
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How to fill out Writ Of Execution?
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FAQ
The trial court must immediately set the return date, and you must file your writ application in the court of appeal no later than that return date. Many trial judges seem to be unaware of this 30-day rule; they often set return dates that are more than 30 days after the ruling at issue.
A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).
File a notice of intention to seek a writ with the trial court, by requesting that the trial court set a return date. Serve the notice of intention on all opposing parties, or opposing counsel of record if the opposing party is represented.
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.
A creditor wishing to have a judgment of a Louisiana court made executory, as provided in Article 2781, may file an ex parte petition complying with Article 891, with a certified copy of the judgment annexed, praying that the judgment be made executory.
Notice of Intent. The party intending to apply to this Court for a writ shall give notice to the judge whose ruling is at issue and request that the judge set a return date for the filing of the writ in this Court. The notice must also be sent to opposing parties or counsel.