Court Rules

Scope

Rule 1. Authority

Rule 2. Scope

Rule 3. Adoption

Rule 4. En Banc Orders

Rule 5. Standing Orders

Organization of the Court

Rule 6. Divisions

Rule 7. Presiding Judge

Rule 8. Administrative Judge

Rule 9. Duty Judge

Court Schedules

Rule 10. Yearly Court Schedules

Rule 11. Time of Court

Courtroom Decorum

Rule 12. Conduct

Rule 13. Dress

Rule 14. Attorneys

Motions and Other Papers

Rule 15. Size & Form

Rule 16. Heading

Rule 17. Nature of the Filing

Rule 18. Signature

Rule 19. Certificate of Service

Rule 20. Name, Address, Etc.

Small Claims

Rule 21. Small Claims Division

Evictions

Rule 22. Evictions

Miscellaneous

Rule 23. Signatures

Rule 24. Actions under LA. C.Cr.P. 892.1 & 894

Rule 25. Setting of Court Appearances by the Marshal

Rule 26. Amendment of Charges by the City Prosecutor

Rule 27. Voluntary Dismissal of Civil Actions

Rule 28. Appearances Before the Court

Rule 29. Interrogatories Served to Parties With the Petition

Rule 30. Setting of Trial in Civil Cases

Rule 31. Recall of Arrest Warrants

Rule 32. Simultaneous Appearance by a Party or Witness by Audio-Visual Transmission

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 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:

Regulating and enforcing hours for court operation.
Appointing court committees.
Preparation of recommended policies and plans to be submitted to the entire court.
Representation of the court in its relations to other courts or branches of government as well as with the media.
Calling meetings of the court, at least on a monthly basis,
Coordinating vacation schedules for judges.
Approval of attendance by court personnel at conferences which require absence from the court during working hours.
Direct and general supervision over court programs and employees through the clerk of court.
Supervision of court finances, including financial planning, preparation of budgets, and fiscal reporting.
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:
1. Executory Process
2. Seizures
3. Applications to proceed in forma pauperis
4. Default Judgments
5. Appointment of process server
6. Appointment of a curator ad hoc
Criminal Duty Judge. The following matters shall be referred to the Criminal Duty Judge:
1. Warrants
2. 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 on a cell phone while court is in session.
Private conversations or conferences in the courtroom shall be discreet and not disruptive of court proceedings.

Rule 13. Dress

No person shall wear a hat or be barefooted 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
1. Male attorneys shall dress professionally, which includes wearing coats and ties.
2. 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 either 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

The Small Claims Division of this court is created and shall be governed by Louisiana Revised Statutes 13:5200, et seq.
In the court’s discretion, certain small claims may be referred to and tried before an arbitrator, who shall be an attorney who is appointed by the judge.
Court appointed arbitrators shall serve without compensation unless otherwise determined by the judge.
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.
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

Filing for Eviction. An eviction filed pursuant to LA. C.C.P. 4701 et seq. shall contain the following information:
1. The name, address, and phone number of the plaintiff;
2. The name, address, and phone number of the defendant;
3. The name, address, and phone number of the owner of the property, and, if applicable,
  1. The name, address, and phone number of any management company;
  2. 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;
  3. The name, address, and phone number of the tenant seeking to be evicted;
  4. The complete address, including unit number and zip code, of the property from which eviction of the tenant is being sought;
  5. The basis on which eviction is being sought;
  6. That the tenant has been served with the notice required by LA. C.C.P. 4702.

The filing shall also have the following attachments:

A copy of the lease or other written document setting forth the right of the tenant to occupy the property;
A copy of the notice required by LA. C.C.P. 4702 which was served on the tenant;
Power of attorney for an agent, if applicable;
A Soldiers and Sailors Relief Act affidavit.

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.
A “Notice to Vacate” under LA. C.C.P. 4702 should be given within thirty (30) days of the filing of the petition for eviction. If a “Notice to Vacate” is over thirty (30) days old, the judge may consider the notice “stale” and request a new notice.

Rule 23. Signatures

When authorized, a document within 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.

Rule 24. Actions under LA. C.Cr.P. 892.1 & 894

Whenever a defendant pays a traffic violation through the Violations Bureau or is convicted of any law of the State of Louisiana that regulates traffic and the judge orders the defendant to participate in a driver education or improvement program under LA. C.Cr.P. 892.1, the defendant may file with the court a certificate of completion of an approved program of driver education, training, or improvement and the conviction will be set aside and the charge dismissed under LA. C.Cr.P. 892.1. The clerk is directed to set aside the conviction and dismiss the charges, and is authorized to take such actions on behalf of the court.

Whenever a defendant is sentenced under LA. C.Cr.P. 894 for any offense other than DWI, the defendant is obligated to take the following actions:

Pay any fine imposed; &
Meet all conditions of probation set forth by the judge.

When the probation officer certifies that the above obligations have been met and the clerk’s office determines that no other offense has been committed during the period of probation, the clerk is directed to set aside the conviction and dismiss the charges, and is authorized to take such actions on behalf of the court.

Whenever a defendant is sentenced under LA. C.Cr.P. 894 for DWI, the defendant is obligated to take the following actions:

Pay any fine imposed; &
Meet all conditions of probation set forth by the judge;
Comply with LA. C.Cr.P. 894 A (5) by submitting to the clerk’s office
1. Fingerprints of the defendant;
2. The date of birth, social security number and driver’s license of the defendant;
3. Fifty ($50.00) dollar money order payable to the Department of Public Safety and Corrections; &
4. Fifty ($50.00) dollar money order payable to the Shreveport City Court.
5. Comply with LA. C.Cr.P. 894 A (7) by completing a driving while intoxicated court or sobriety court program and filing a certificate of completion with the clerk of court.

Rule 25. Setting of Court Appearances by the Marshal

When the marshal is in possession of an outstanding warrant for a defendant, the marshal shall contact the issuing judge, or in the event that the issuing judge is unavailable, the duty judge, for authority to reset the time and date of the defendant’s appearance in court if the marshal is satisfied that the defendant is unable to appear at the time and date previously set for an appropriate reason.

When a defendant is incarcerated, the marshal shall have the authority to reset the defendant’s appearance date to a “Jail Clearance” docket when appropriate.

In some instances a defendant will be charged with multiple offenses, and, in the interest of judicial efficiency, the marshal shall have the authority to reset those charges to a single appearance date.

Whenever a matter is reset by the marshal, the marshal shall file with the court a Notice of setting, with any documentation submitted by the defendant attached, which has been served upon the defendant. The clerk is directed to re-calendar the matter in accordance with the Notice of setting filed.

Notwithstanding any of the previous paragraphs, the marshal shall not have the authority to reset any trial dates. Trial dates must be reset by the court.

Rule 26. Amendment of charges by the City Prosecutor.

In the same manner which a prosecutor may dismiss a charge under Article 691 of the Louisiana Code of Criminal Procedure, the City Prosecutor may amend a charge pending before this Court orally in open court or by a written statement of amendment signed by the City Prosecutor and filed with the clerk of court. The clerk of court shall cause the amendment to be entered on the minutes of the court.

Rule 27. Voluntary Dismissal of Civil Actions.

Motions by the plaintiff for voluntary dismissal shall be referred to the judge for consideration when the defendant(s) have filed a response to the petition, or if costs are to be shared by the parties or borne by the defendant(s). In all other actions where a voluntary motion for dismissal has been filed by the plaintiff, the civil action may be dismissed without prejudice upon order of the court signed by the Clerk of Court.

Rule 28. Appearance Before the Court

Attorneys. An attorney duly licensed to practice before the courts of the State of Louisiana may appear in the court to represent a litigant in the court. An attorney authorized to practice in another jurisdiction may appear in a particular case when specifically authorized by a judge of this court.
Litigant. An individual who is a party in an action before this court may appear before the court on their own behalf.
Other Appearances.
Any partnership, corporation, or other legal entity may assert or defend any claim, not exceeding five thousand dollars and pertaining to an open account or promissory note, on its own behalf in the Small Claims Division of this court through a duly authorized partner, shareholder, officer, employee, or duly authorized agent or representative.
Any individual, partnership, corporation, or other legal entity may assert or defend any claim in an eviction action in this court on its own behalf through a duly authorized partner, shareholder, officer, employee, or duly authorized agent or representative. The authorization to represent the property owner cannot be re-delegated by any agent or representative.
For the limited purpose of pursuing a motion to set aside a bond forfeiture judgment, the bondsmen who was the agent for the surety in posting of the bond upon which the judgment is based, may appear before the court on behalf of the surety with authority from the surety.

Rule 29. Interrogatories to Parties Served with the Petition

When interrogatories are served upon a party with the original petition, the party upon whom the interrogatories have been served shall serve a copy of the answers, and objections, if any, within ten days after the date of service of the interrogatories.

Rule 30. Setting of Trial in Civil Cases

A. Request by Party.

When issue has been joined, a party may request a trial date in a civil case from the clerk of court. The request shall include an estimate of the time required for the trial.
The clerk shall give the party a tentative date for trial.
The tentative date of trial shall be good for two (2) days, which shall terminate at the close of business (4:30 PM) on the second day after the tentative date is given.
The party may confirm the trial date by notifying the clerk with the two (2) day period set forth above.
When the party confirms the trial date, the clerk shall send a notice of trial to all parties.

B. Authority of the Court. Nothing in this rule shall effect the power of the court to set a trial date or to cancel, continue or alter any trial date.

Rule 31. Recall of Arrest Warrants

An order by a judge is required for recall of an arrest warrant except in the following situations:

An arrest warrant may be recalled by the clerk when the fine and all costs have been paid;
An arrest warrant may be recalled when an appearance date is reset by the Marshal under Local Rule 25.

Rule 32. Simultaneous Appearance by a Party or Witness by Audio-Visual Transmission

The provisions of La. C.Cr.P. Arts. 522, 551, 553, 556, 562 and all other applicable laws are hereby adopted.

General Provisions

A proceeding conducted via simultaneous audio-visual transmission shall be conducted in the same manner as if the parties had appeared in person, and the judge presiding over the matter may exercise all powers consistent with the proceeding.
In a proceeding conducted via simultaneous audio-visual transmission, the remote location(s) shall be considered an extension of the courtroom and held before the judge who is presiding. The judge’s pronouncements, instructions, and rulings shall have the same force and binding effect as if all participants had been physically present in the courtroom.
An oath administered by the judge, court reporter, or other authorized person to a witness, interpreter, or party in a proceeding conducted via simultaneous audio-visual transmission shall have the same force and binding effect as if the oath had been administered to a person physically present in the courtroom.
All proceedings involving an appearance via simultaneous audio-visual transmission will be recorded by a certified court reporter to the same extent and in the same manner as if all participants had appeared in person.

Proceedings

A defendant’s appearance at the following proceedings may, at the discretion of the presiding judge, be made by simultaneous transmission through audio-visual electronic equipment:

72-Hour hearing;
Initial setting of bond;
Any pre-trial motion;
Any hearing on a pre-trial motion;
Arraignment;
Any other proceeding where specifically allowed by the Louisiana Code of Criminal Procedure relative to simultaneous audio-visual transmission.
Any civil proceeding;