La. Sup. Ct. R. X, § 5

Oppositions serve an important purpose in assisting the Court in the exercise of its

discretionary jurisdiction. As such, the Court encourages the filing of oppositions.

Any party may file and serve an opposition memorandum, setting forth reasons

why the application should not be granted. If opposing counsel determines that the

applicant has omitted documentation or information material to the issues

presented, such omission shall be brought to the Court’s attention in the opposition

memorandum. Opposing counsel may include the omitted materials in an appendix

to the opposition, to the extent available, or otherwise notify the Court of the

omission. Upon such notification, the Court may order the applicant to furnish the

missing documentation or information in a formal response.

The opposition must be filed within thirty (30) days of the date of the

acknowledgement letter issued by this Court. No extension of this deadline shall be

granted unless the party, by motion, can demonstrate through clear and convincing

evidence that the delay was the result of circumstances beyond its control or for

other extraordinary circumstances. The opposition memorandum should be as brief

as possible and must not exceed twenty-five (25) pages in length. The opposition

memorandum shall be accompanied by the filing fee set forth in Rule II.

Other pleadings or documents shall not be filed with the opposition memorandum,

unless their inclusion is essential to demonstrate why the application should not be

granted. In the event any other pleadings or documents are filed, they shall be

bound separately from the opposition memorandum and shall not exceed twenty-five (25) pages.

When the application requests priority consideration or a stay order, any party

desiring to oppose such action should file the opposition to such action

immediately upon receipt of a copy of the application.

Official Comment

The Court is cognizant that in many cases, the prior fifteen (15) day opposition

deadline was too short for opposing parties to adequately respond to issues raised

in the application, which has resulted in the filing of motions for extension of

time. While the Court encourages the filing of oppositions, motions for extension

can delay consideration and affect the Court’ s ability to rule upon applications in a

timely fashion. To balance these competing concerns, the fifteen (15) day

opposition deadline has been increased to thirty (30) days, with the condition that

no extension shall be granted. The only exception to this prohibition is for truly

exceptional situations where the party can demonstrate through clear and

convincing evidence that the inability to file the opposition timely was due to

circumstances beyond the party’ s control. Circumstances within a party’ s control,

such as errors in calendaring the delay or conflicting obligations, shall not

constitute a basis for extension under this Rule.