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Rule 1.                    Authority

 These rules are adopted under the authority of La. C.C.P. 193 & C.Cr.P. 18.

 

Rule 2.                    Scope

These rules along with the La. Revised Statutes, Code of Civil Procedure, and Code of Criminal Procedure shall govern the procedure in all actions in the Shreveport City Court.  Copies shall be maintained by the Clerk of Court and on the Web Site of the court.

 

Rule 3.                    Adoption

These local rules shall be adopted by En Banc orders of the court.

 

Rule 4.                    En Banc Orders

The court shall maintain an En Banc Order book containing all En Banc Orders.

 Rule 5.                    Standing Orders

All En Banc Orders and other orders issued by a judge of this court governing future conduct in the Shreveport City Court shall be maintained in a standing order folder available to the bar and the public, except those adopting or amending a local rule.

 

ORGANIZATION OF THE COURT

 

Rule 6.                    Divisions

The Court shall be divided into four (4) divisions, to wit:

                                  Division A

                                  Division B

                                  Division C

                                  Division D

 

Rule 7.                    Presiding Judge

The presiding judge shall be the senior judge in point of continuous service pursuant to LSA-RS 13:1878, and shall preside at all meetings of the court.

 

Rule 8.                   Administrative Judge

Selection

The judge serving in Division A at the time of the adoption of this order shall be the administrative judge for one (1) year.  Thereafter, the position shall rotate alphabetically through the divisions.  If a judge chooses not to serve as an administrative judge, the position will go to the next judge in the rotation.  An administrative judge shall be subject to removal by a majority vote of the judges of the court.

 

Term

The administrative judge shall serve for a one (1) year term beginning the 1st day of January and ending the 31st day of December.

 

Duties

The administrative judge shall supervise and direct the administration of the court, including:

1.              Regulating and enforcing hours for court operation.

2.              Appointing court committees.

3.              Preparation of recommended policies and plans to be submitted to the entire court.

4.              Representation of the court in its relations to other courts or branches of government as well as with the media.

5.              Calling meetings of the court, at least on a monthly basis,

6.              Coordinating vacation schedules for judges.

7.              Approval of attendance by court personnel at conferences which require absence from the court during working hours.

8.              Direct and general supervision over court programs and employees with the clerk of court.

9.              Supervision of court finances, including financial planning, preparation of budgets, and fiscal reporting.

10.           Any other responsibility imposed by law, rule of court, or by action of the court.

The administrative judge shall have the authority to carry out the responsibilities listed above and those inherent to the position.

 

Rule 9.                    Duty Judge

While each judge is responsible for all cases assigned to such judge, there shall be a duty judge in accordance with La C.C.P 253.3 who shall be authorized to take appropriate action in the Matters referred to them.

 

Civil Duty Judge.  The following matters shall be referred to the Civil Duty Judge:

Executory Process

Seizures

Applications to proceed in forma pauperis

Default Judgments

Appointment of process server

Appointment of a curator ad hoc

 

Criminal Duty Judge.  The following matters shall be referred to the Criminal Duty Judge:

Warrants

Probable Cause determinations

 

COURT SCHEDULES

 

Rule 10.                 Yearly Court Schedule

A yearly court schedule shall be prepared annually by the clerk of court and published no later than December of the preceding year.  This calendar shall account for matters such as legal holidays, conferences, continuing legal education, vacation and other requirements which may affect regular court sessions.  Every effort will be made not to cancel any court session.  Whenever possible, the court will obtain an ad hoc judge to preside when a judge is not available.

 

 

Rule 11.                                  Time of Court

Court sessions shall open at 9:00 AM and 2:00 PM respectively.  In criminal cases, defendant and witnesses shall be subpoenaed for 8:30 AM and 1:30 PM in order to permit the city prosecutor time to confer with counsels, defendants, and witnesses.

 

 

COURTROOM DECORUM

 

Rule 12.                 Conduct

No person shall engage in any conduct that would be disruptive to the business of the court, including, but not limited, to the following:

Using tobacco in any form at any time in the courtroom.

Reading a newspaper while court is in session.

Displaying any political advertisement of any nature.

Talking, texting, recording or using a cell phone in any manner in a courtroom while court is in session.

Private conversations or conferences shall be conducted outside of the courtroom.

 

Rule 13.                 Dress

No person shall wear a hat or be barefooted in the courtroom.

No person shall wear shorts, tank tops or flip flops in the courtroom.

All persons in the courtroom shall appear neat and clean within limits of propriety.  Allowance will be considered for those who must appear in work clothes or whose attire is dictated by their religion.

 

Attorneys

Male attorneys shall dress professionally, which includes wearing coats and ties.

Female attorneys shall dress professionally.

 

Rule 14.                 Attorneys

As a general rule, attorneys desiring to address the court while in session shall do so while standing.

Attorneys shall address all remarks, objections, and comments to the judge, not the opposing counsel.  Impromptu argument or discussion between

counsel will not be permitted.

Unless otherwise directed by the judge, all documents, including judgments, orders or decrees, shall be handed to the clerk, who shall hand them to

the judge.

Except with leave of court obtained, only one attorney for each party shall examine a single witness.

Counsel may not approach the witness in the witness chair without first obtaining the court’s permission.

Before showing an exhibit to a witness, counsel must first have provided a copy of such exhibit to opposing counsel or give opposing counsel an

opportunity to examine such exhibit.

Counsel and parties shall not send the court copies of correspondence between them.

Attorneys shall abide by the Rules of Professional Conduct and the Louisiana Code of Professionalism.

  

PLEADINGS, MOTIONS AND OTHER PAPERS

 

Rule 15.                 Size & Form

All pleadings, motions or other papers filed with the court shall be typed or printed, double spaced on either legal size, i.e. 8 ½ inch by 14 inch or letter size, i.e. 8 ½ inch by 11 inch, paper and shall be in the English language.  Margins shall be two (2) inches at the top and one (1) inch at the sides and the bottom.  An exception shall be made for exhibits which may be other sizes, unless specifically prepared for court use in which case they shall be letter size.

 

 

Rule 16.                 Heading

All pleadings, motions or other papers filed with the court shall have a heading, consisting of the name of the court, the names of the parties, the number of the action, the Division of the Court, and the name of the judge.

 

Rule 17.                 Nature of the Filing

All pleadings, motions or other papers filed with the court shall contain a designation of the nature of the filing, such as Petition, Motions, etc., under the heading.

 

Rule 18.                 Signature

Every pleading, motion, or other paper presented for filing shall be signed personally by the litigant(s) or counsel for the litigant(s).

 

Rule 19.                 Certificate of Service

All pleadings, motions, and other papers filed subsequent to the complaint or petition shall be accompanied by a certificate showing that a copy was delivered or mailed to the opposing counsel, or to the opposing litigant or litigants, if not represented by counsel.

 

Rule 20.                 Name, Address, Etc.

Attorneys.  All pleadings, motions, and other papers shall contain counsel’s name, street address, post office box (if applicable), telephone number and attorney identification number, which shall be typed or printed under their signature.

 

Litigants.  All pleadings, motions, and other papers filed by an unrepresented party shall contain their name, street address, post office box (if applicable), and telephone number, which shall be typed or printed under their signature.

 

Continuing Obligation.  All attorneys and unrepresented parties making filings with the court have a continuing obligation to apprize the Court of any address and/or telephone number change.

 

SMALL CLAIMS

 

Rule 21.                 Small Claims Division

A. The Small Claims Division of this court is created and shall be governed by Louisiana Revised Statutes 13:5200, et seq.

B. The petition in a small claims action filed pursuant to LA. R.S. 13:5200 et seq. shall contain the following information:

    a. The name, address, and phone number of the plaintiff;  

    b. The name, address, and phone number of the defendant;  

    c. A statement of the basis for the claim of plaintiff, which may be in the form of an attached “Statement of Claim”;  

    d. A statement as to whether or not the case may be heard before an arbitrator  

    e. A statement of the relief sought by plaintiff  

The petition shall also have the following attachments:  

    a. If the claim is based on an instrument, such as a promissory note or contract, the original of such instrument;  

    b. A Soldiers and Sailors Relief Act affidavit.  

C. In the court’s discretion, certain small claims may be referred to and tried before an arbitrator, who shall be an attorney appointed by the judge.

D. Court appointed arbitrators shall serve with compensation to be determined by the judge.

E. The arbitrator’s decision shall be reduced to writing and shall be final and binding upon all parties.  Upon ex parte motion by any party, the Court may grant judgment in accordance with the arbitrator’s decision.

 

F. The court shall publish a handout for the Small Claims Division of the court.  This handout shall not amount to nor be cited as legal advice, but shall merely provide informational guidelines.

 

Rule 22.                 Evictions

1.  Petition for Eviction.  A petition for eviction filed pursuant to LA. C.C.P. 4701 et seq. shall contain the following information: 

    a. The name, address, and phone number of the plaintiff;  

    b. The name, address, and phone number of the defendant;  

    c. The name, address, and phone number of the owner of the property, and, if applicable,  

        i. The name, address, and phone number of any management company;  

        ii. The name address, and phone number of any agent appearing on behalf of the owner, along with the power of attorney or other
            authority to appear on behalf of the owner;  

 

    d. The name, address, and phone number of the tenant seeking to be evicted;  

    e. The complete address, including unit number and zip code, of the property from which eviction of the tenant is being sought;  

    f. The basis on which eviction is being sought;  

    g. That the tenant has been served with the notice required by LA. C.C.P. 4702.  

The petition shall also have the following attachments:  

    a. A copy of the lease or other written document setting forth the right of the tenant to occupy the property;  

    b. A copy of the notice required by LA. C.C.P. 4702 which was served on the tenant;  

    c. Power of attorney for an agent, if applicable;  

    d. A Soldiers and Sailors Relief Act affidavit.  

2. When a judge orders that a tenant vacate the premises within “24 hours”, this shall be interpreted to require vacation of the premises by close of business, i.e. 5:00 P.M., on the following business day.

 

Rule 23.                 Signatures

When authorized, a document with an electronic or facsimile signature of a judge or the clerk of court, including judgment, order, subpoena, summons or citation, shall have the same force and effect as a conventional document signed by a judge or the clerk of court.

 

The clerk of court is authorized to use facsimile and/or electronic signatures on subpoenas, summons and citations, such documents having the same force and effect as a conventional document signed by the clerk of court.

 

A judge may authorize use of his or her facsimile or electronic signature. One method of authorization is by authorizing its use in open court in a specific case. A judge may also authorize use of facsimile or electronic signature by means of a standing order.