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ACT No. 290
Regular Session, 2012
HOUSE BILL NO. 1145
BY REPRESENTATIVE FOIL AND SENATORS CLAITOR AND DORSEY-COLOMB
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
for a writ of certiorari shall be extended until thirty days of the mailing transmission20
of the notice of a denial of rehearing.21
C. 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 ENROLLEDHB NO. 1145
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and definitive unless an application for writ of certiorari to the supreme court is filed1
within thirty days of the mailing transmission of the notice of a denial of rehearing.2
D. If When a party files a timely application for a writ of certiorari to the3
supreme court within the delays allowed provided in this Article, any other party4
may also apply for certiorari to the supreme court within thirty days of the mailing5
transmission of the notice of judgment and opinion of the court of appeal or within6
ten days of the mailing transmission by the supreme court clerk of the notice of first7
application for certiorari in the case, whichever is later.8
E. If When an application for certiorari to the supreme court is timely filed,9
a judgment of the court of appeal becomes final and definitive when the supreme10
court denies the application for certiorari. The supreme court may stay the execution11
of the judgment of the court of appeal pending a timely application for certiorari or12
an appeal to the United States Supreme Court.13
F. For the purposes of this Article, "transmission of the notice" means the14
sending of the notice via the United States Postal Service, electronic mail, or15
facsimile.16
Art. 2167. Rehearing, supreme court judgment; finality; stay 17
A. Within fourteen days of the mailing transmission of the notice of18
judgment in the supreme court, a party may apply to the court for a rehearing.19
B. A judgment of the supreme court becomes final and definitive when the20
delay for application for rehearing has expired and no timely application therefor has21
been made.22
C. When an application for rehearing has been applied for timely, a23
judgment of the supreme court becomes final and definitive when the application is24
denied. The supreme court may stay the execution of the judgment pending a timely25
application for certiorari or an appeal to the United States Supreme Court.26
D. For the purposes of this Article, "transmission of the notice" means the27
sending of the notice via the United States Postal Service, electronic mail, or28
facsimile.29 ENROLLEDHB NO. 1145
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Section 2. Children's Code Article 1143(C)(1), (2), and (3) and (D)(1) are hereby1
amended and reenacted and Children's Code Article 1143(E) is hereby enacted to read as2
follows: 3
Art. 1143. Appeal4
* * *5
C.(1) Within seven days after the mailing transmission of the notice of the6
judgment and opinion of the court of appeal, a party may apply to the court of appeal7
for a rehearing. Within ten days after the mailing transmission of the notice of the8
judgment and opinion of the court of appeal, a party may apply to the supreme court9
for a writ of certiorari. The judgment of a court of appeal becomes final and10
definitive if neither an application to the court of appeal for rehearing nor an11
application to the supreme court for a writ of certiorari is timely filed.12
(2) If When any party files a timely application to the court of appeal for a13
rehearing, then the time within which any other party may apply to the supreme court14
for a write writ of certiorari shall be extended until ten days after the mailing15
transmission of the notice of a denial of rehearing.16
(3) If When a timely application for rehearing has been filed in the court of17
appeal and the court of appeal denies the application, the judgment becomes final18
and definitive unless an application for writ of certiorari to the supreme court is filed19
within ten days after the mailing transmission of the notice of a denial of rehearing.20
* * *21
D.(1) Within seven days after the mailing transmission of the notice of22
judgment in the supreme court, a party may apply to the court for a rehearing.23
* * *24 ENROLLEDHB NO. 1145
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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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: