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La. Sup. Ct. R. X, § 1

Writ Grant Considerations

activein force · 2026-01-01 – presentact-effective-date

A. The grant or denial of an application for writs rests within the sound judicial

discretion of this Court. The following, while neither controlling nor fully

measuring the Court's discretion, indicate the character of the reasons that will

be considered, one or more of which must ordinarily be present in order for an

application to be granted:

1. Conflicting Decisions. The decision of a court of appeal conflicts with a

decision of another court of appeal, this Court, or the Supreme Court of the

United States, on the same legal issue.

2. Significant Unresolved Issues of Law. A court of appeal has decided, or

sanctioned a lower court's decision of, a significant issue of law which has

not been, but should be, resolved by this Court.

3. Overruling or Modification of Controlling Precedents. Although the

decision of the court of appeal is in accord with the controlling precedents of

this Court, the controlling precedents should be overruled or substantially

modified.

4. Erroneous Interpretation or Application of Constitution or Laws. A

court of appeal has erroneously interpreted or applied the constitution or a

law of this state or the United States and the decision will cause material

injustice or significantly affect the public interest.

5. Gross Departure from Proper Judicial Proceedings. The court of appeal

has so far departed from proper judicial proceedings or so abused its powers,

or sanctioned such a departure or abuse by a lower court, as to call for an

exercise of this Court's supervisory authority.

B. The application for writs shall address, in concise fashion, why the case is

appropriate for review under the considerations stated in subsection (A) above,

in accordance with Sections 3 or 4 of this Rule.

History

Repealed and re-enacted by the Supreme Court's order of December 2025 (Rules I–XII, XIV and XLII), effective 2026-01-01.

Provenance

Source
www.lasc.org
Retrieved
2026-09-18
Edition
2026-09-18
Content hash
db425024bb6b40e435956372d57839135c1d1eaf909db3b669a552c79f395e7c
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