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Regular Session, 2012
HOUSE BILL NO. 1145
BY REPRESENTATIVE FOIL
CIVIL/PROCEDURE: Provides with respect to notice of appeals
AN ACT1
To amend and reenact Code of Civil Procedure Articles 2166 and 2167 and Children's Code2
Article 1143(C)(1), (2), and (3) and (D)(1), to enact Children's Code Article 1143(E),3
and to repeal R.S. 13:4446, relative to appellate procedure; to provide for notices of4
judgment; to provide for electronic and facsimile transmission; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Articles 2166 and 2167 are hereby amended and8
reenacted to read as follows: 9
Art. 2166. Rehearing, court of appeal judgment; finality; stay10
A. Within fourteen days of the mailing transmission of the notice of the11
judgment and opinion of the court of appeal, a party may apply to the court of appeal12
for a rehearing. Within thirty days of the mailing transmission of the notice of the13
judgment and opinion of the court of appeal, a party may apply to the supreme court14
for a writ of certiorari. The judgment of a court of appeal becomes final and15
definitive if neither an application to the court of appeal for rehearing nor an16
application to the supreme court for a writ of certiorari is timely filed.17
B. If When any party files a timely application to the court of appeal for a18
rehearing, then the time within which any other party may apply to the supreme court19 HLS 12RS-1955 ENGROSSED
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for a writ of certiorari shall be extended until thirty days of the mailing transmission1
of the notice of a denial of rehearing.2
C. If When a timely application for rehearing has been filed in the court of3
appeal and the court of appeal denies the application, the judgment becomes final4
and definitive unless an application for writ of certiorari to the supreme court is filed5
within thirty days of the mailing transmission of the notice of a denial of rehearing.6
D. If When a party files a timely application for a writ of certiorari to the7
supreme court within the delays allowed provided in this Article, any other party8
may also apply for certiorari to the supreme court within thirty days of the mailing9
transmission of the notice of judgment and opinion of the court of appeal or within10
ten days of the mailing transmission by the supreme court clerk of the notice of first11
application for certiorari in the case, whichever is later.12
E. If When an application for certiorari to the supreme court is timely filed,13
a judgment of the court of appeal becomes final and definitive when the supreme14
court denies the application for certiorari. The supreme court may stay the execution15
of the judgment of the court of appeal pending a timely application for certiorari or16
an appeal to the United States Supreme Court.17
F. For the purposes of this Article, "transmission of the notice" means the18
sending of the notice via the United States Postal Service, electronic mail, or19
facsimile.20
Art. 2167. Rehearing, supreme court judgment; finality; stay 21
A. Within fourteen days of the mailing transmission of the notice of22
judgment in the supreme court, a party may apply to the court for a rehearing.23
B. A judgment of the supreme court becomes final and definitive when the24
delay for application for rehearing has expired and no timely application therefor has25
been made.26
C. When an application for rehearing has been applied for timely, a27
judgment of the supreme court becomes final and definitive when the application is28 HLS 12RS-1955 ENGROSSED
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denied. The supreme court may stay the execution of the judgment pending a timely1
application for certiorari or an appeal to the United States Supreme Court.2
D. For the purposes of this Article, "transmission of the notice" means the3
sending of the notice via the United States Postal Service, electronic mail, or4
facsimile.5
Section 2. Children's Code Article 1143(C)(1), (2), and (3) and (D)(1) are hereby6
amended and reenacted and Children's Code Article 1143(E) is hereby enacted to read as7
follows: 8
Art. 1143. Appeal9
* * *10
C.(1) Within seven days after the mailing transmission of the notice of the11
judgment and opinion of the court of appeal, a party may apply to the court of appeal12
for a rehearing. Within ten days after the mailing transmission of the notice of the13
judgment and opinion of the court of appeal, a party may apply to the supreme court14
for a writ of certiorari. The judgment of a court of appeal becomes final and15
definitive if neither an application to the court of appeal for rehearing nor an16
application to the supreme court for a writ of certiorari is timely filed.17
(2) If When any party files a timely application to the court of appeal for a18
rehearing, then the time within which any other party may apply to the supreme court19
for a write writ of certiorari shall be extended until ten days after the mailing20
transmission of the notice of a denial of rehearing.21
(3) If When a timely application for rehearing has been filed in the court of22
appeal and the court of appeal denies the application, the judgment becomes final23
and definitive unless an application for writ of certiorari to the supreme court is filed24
within ten days after the mailing transmission of the notice of a denial of rehearing.25
* * *26
D.(1) Within seven days after the mailing transmission of the notice of27
judgment in the supreme court, a party may apply to the court for a rehearing.28
* * *29 HLS 12RS-1955 ENGROSSED
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E. For the purposes of this Article, "transmission of the notice" means the1
sending of the notice via the United States Postal Service, electronic mail, or2
facsimile.3
Section 3. R.S. 13:4446 is repealed in its entirety.4
Section 4. Sections 1, 2, and 3 of this Act shall become effective on January 1, 2013.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Foil HB No. 1145
Abstract: Allows courts of appeal to provide notices of judgments electronically via e-mail
or facsimile.
Present law provides time delays for applying for rehearing or applying for writs of certiorari
based on the mailing of the notices of judgment by the courts of appeal.
Proposed law retains present law and provides for notices of judgment to be transmitted
electronically via e-mail or facsimile.
Present law provides time delays in surrender of parental rights proceedings for applying for
rehearing or applying for writs of certiorari based on the mailing of the notices of judgment
by the courts of appeal.
Proposed law retains present law and provides for notices of judgment to be transmitted
electronically via e-mail or facsimile.
Proposed law defines "transmission of the notice".
Present law provides delays for applying for rehearings in appellate courts.
Proposed law repeals present law.
Effective Jan. 1, 2013.
(Amends C.C.P. Arts. 2166 and 2167 and Ch.C. Art. 1143(C)(1), (2), and (3) and (D)(1);
Adds Ch.C. Art. 1143(E); Repeals R.S. 13:4446)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added definition of "transmission of notice" for the purposes of C.C.P. Art.
2167.
2. Changed "mailing" to "transmission" of notice of judgment in appeals pursuant
to Ch.C. Art. 1143.
3. Made technical changes.