Louisiana Motion and Order for Extension of Return Date for Supervisory Writs
Description Return Date
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Motion Extension Order Other Form Names
Return Date Application FAQ
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.
Appeals in either civil or criminal cases are usually based on arguments that there were errors in the trial's procedure or errors in the judge's interpretation of the law. The party appealing is called the appellant, or sometimes the petitioner. The other party is the appellee or the respondent.
A challenge to a previous legal determination. An appeal is directed towards a legal power higher than the power making the challenged determination. In most states and the federal system, trial court determinations can be appealed in an appellate court.Appeals can be either discretionary or of right.
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.
The granting of a writ does not necessarily mean that the Supreme Court disagrees with the decision of the lower court. Granting a writ of certiorari means merely that at least four of the justices have determined that the circumstances described in the petition are sufficient to warrant review by the Court.
As its name suggests, a suspensive appeal "suspends" the lower court's judgment and prevents it from being enforced while the appeal is pending. The devolutive appeal does not suspend the enforcement of the judgment while the appeal is pending. The suspensive appeal has one major catch.
A devolutive appeal is an appeal which allows the party who received the judgment to attempt to collect on the judgment while the appeals court decides the issues, as opposed to suspending the collection process while the appeal is pending. A devolutive appeal is allowed in some jurisdictions, like Louisiana.
An appeal is a petition to a higher court by the losing party in a lawsuit to overturn a lower court's ruling. A writ is a directive from a higher court ordering a lower court or government official to take a certain action in accordance with the law.
To perfect the appeal is to fully comply with the rules, procedures, and time lines of the court. When an appeal has been perfected, it is sent to the Superior Court so the judge can review the decision of the lower court and decide whether or not it should be enforced. Synonyms: perfect the appeal.