- A. Any party may seek to have any exception or motion heard by filing a rule to show cause.
B. The memorandum in support shall be filed at the time of filing of the rule to show cause.
- 1. A party who opposes an exception or motion shall concurrently furnish the trial judge and serve on all other parties an opposition memorandum so it is received at least eight calendar days before the scheduled hearing, except for motions for summary judgment, which delays are established by La. Code Civ. Proc. art. 966.
- 2. The mover or exceptor may furnish the trial judge a reply memorandum, but only if the reply memorandum is furnished to the trial judge and served on all other parties so that it is received before 4 p.m. on a day that allows one full working day before the hearing, except for motions for summary judgment, which delays are established by La. Code Civ. Proc. art. 966. For example, if the hearing is set for Friday, the reply memorandum shall be received no later than 4 p.m. the preceding Wednesday. If the hearing is set for Monday, the reply memorandum shall be received no later than 4 p.m. the preceding Thursday.
- 3. Parties who fail to comply with paragraphs B and B.1 of this Section shall forfeit the privilege of oral argument and may forfeit the presentation of additional evidence or testimony. If a party fails to timely serve a memorandum, thus necessitating a post-hearing supplemental memorandum or continuance to allow the opposing party to respond, the court may order the late-filing party to pay court costs and reasonable attorney’s fees.
- C. Motion to Strike an untimely Memorandum in Support of or a Memorandum in Opposition, shall be heard prior to the hearing without the necessity of a Rule to Show Cause.
D. Paragraph B does not apply to the following motions:
- 1. A motion for an extension of time to perform an act.
- 2. A motion to continue a pre-trial conference, hearing, motion, mediation, or trial of an action.
- 3. A motion to add or substitute parties.
- 4. A motion to amend pleadings or to file supplemental pleadings unless the timing for filing amending or supplemental pleadings is beyond the deadline for filing same.
- 5. A motion to withdraw or substitute counsel of record.
- 6. A motion to consolidate.
- 7. Any unopposed motion or joint motion.
- 8. A motion for the court to give in writing its findings of fact and reasons for judgment under La. Code Civ. Proc. art. 1917.
- 9. A motion to compel a response to discovery when no response has been made.
- 10. Any motions allowed to be granted ex parte under La. Code Civ. Proc. art. 963.
- 11. Any motion listed in 1 through 10 shall state the grounds in support, cite any applicable rule, statute, or other authority justifying the relief sought, and comply with LAC 40:I.5824 to the extent applicable.
Authority Note
AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1310.1.
Historical Note
HISTORICAL NOTE: Promulgated by the Department of Labor, Office of Workers' Compensation Administration, LR 33:656 (April 2007), amended by Louisiana Works, Office of Workers’ Compensation Administration, LR 51:1625 (October 2025), LR 52:507 (April 2026).