Appellate tip of the day

Under the Rule 2-12.7, Uniform Rules of Louisiana Courts of Appeal, an appellant's reply brief is due 10 days after the appellee files its brief. Note carefully: that's not 10 days after the appellee's due date, but 10 days after the appellee actually files. For example, let's say you represent the appellant, and the appellee's brief is due on June 1. If the appellee actually files on June 1, your reply brief is due on June 11. But if the appellee files a day early, on May 31, your reply brief is due on June 10, not June 11.

And remember that in the Louisiana courts of appeal, you can file by mail, and the date of the postmark is deemed the date of filing. So in the above example, if the appellee mailed the brief on May 31 and it arrived at the clerk's office on June 1, it will be deemed filed on May 31.

Posted by RPW at June 9, 2005 11:59 AM