LA · rules
La. Sup. Ct. R. X, § 1
Writ Grant Considerations
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Repealed and re-enacted by the Supreme Court's order of December 2025 (Rules I–XII, XIV and XLII), effective 2026-01-01.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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