Judge Bernadette D'Souza
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Brief
- Chambers Drop Off • Upon Filing
Reply Brief
- Chambers Drop Off • Upon Filing
Adjournments
- A continuance request must include written confirmation by fax or email to Division K law clerks that adverse parties were contacted and do not object, and the requesting party should also file a motion to reset with service sheets and instructions.
- A trial continuance must be requested by written motion stating the reason, whether it is the first request, and whether the opposing party objects; the judge decides whether to grant it, and a contested continuance receives a contradictory hearing.
Request must include
Communication
Clerk
Clerk
Phone
Chambers
Fax
Chambers
Document Format Requirements1 rule
DO NOT fax over anything more than 15 pages exclusive of the cover page.
Document Filing Requirements5 rules
For any joint-custody request, including an alternative request, each party must submit a custody plan to chambers five days before the hearing or trial.
Court's wording
Whenever any party requests joint custody (including a request made in the alternative to a request for sole custody), each party shall submit to chambers five days before the time fixed for hearing/trial a custody plan similar to those in Appendix 29.2A or Appendix 29.2B.
A discovery motion must include the moving counsel's certificate stating that counsel conferred in person or by telephone and explaining any inability to agree or opposing counsel's refusal to confer after reasonable notice.
Court's wording
Rule 10, Section 1: No motion relative to discovery will be heard by this Court unless accompanied by a certificate of counsel for the moving party, stating that counsel has conferred in person or by telephone for purposes of amicably resolving the issues and stating why they are unable to agree or stating that opposing counsel has willfully refused to confer after reasonable notice.
In all proceedings involving the awards, increase, or decrease of spousal support and child support, counsel and/or the parties shall submit to chambers all documentation ordered by the Appendix 23.0C Hearing Information Order five days before the time fixed for hearing/trial.
Specified family-law pleadings must be accompanied by a completed Appendix 23.0B Family Law Affidavit, except pleadings involving state-provided child-support enforcement services.
Court's wording
All pleadings involving the award, increase, or decrease of child support (except where the State of Louisiana is providing child support enforcement services), custody/visitation, relocation of a child's residence, use of family home/community movables, or contempt of court must be accompanied by an affidavit similar to an Appendix 23.0B Family Law Affidavit with all pertinent portions completed by the party filing the rule or petition.
Each party should have an exhibit book for themselves, the opposing party, the judge, and the witness.
Filing & Service rules
Filing Timing and Cure Windows
After a written stipulation is executed, the typewritten judgment must be submitted within 15 calendar days.
If a Written Stipulation has been executed, the typewritten judgment must be submitted within fifteen calendar days.
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All other judgments, including consent agreements and considered decrees, must be submitted within seven calendar days.
All other judgments, whether a consent agreement or a considered decree, must be submitted within seven calendar days.
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Service and Proof of Service Rules
After a judgment is signed, the original is filed in the record and a certified copy with notice of signing is mailed to all parties.
After the judgment is signed, the original is filed in the record and a certified copy of the judgment and notice of signing of judgment will be mailed to all parties as per Louisiana Code of Civil Procedure Article 1913.
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No hearing or trial date will be provided until the affidavit is filed, and a copy must be served on the opposing party.
No hearing/trial date will be provided until the Affidavit has been filed. A copy of the Affidavit shall be served upon the opposing party.
Page 1 | Rule 23.0
Courtesy Copy Requirements
A reply memorandum, if submitted, must be furnished to the judge, served on all other parties, received at least one full working day before the hearing, and filed with a tangible courtesy copy for chambers.
If the mover or exceptor wishes to furnish the trial judge a reply memorandum, the reply memorandum must be furnished to the trial judge and served on all other parties so that it is received before 4:00 p.m. on a day that allows one full working day before the hearing. Please submit a tangible courtesy copy to chambers along with filing it in the record.
Page 1 | GENERAL RULES
Supporting and opposition memoranda are due at least five days before the hearing, and a tangible courtesy copy must be submitted to chambers with the filing; noncompliance may result in forfeiture of oral argument.
Memoranda supporting or opposing motions or exceptions are due at least five (5) days before the hearing date. Failure to comply with this rule may result in forfeiture of oral argument. Please submit a tangible courtesy copy to chambers along with filing it in the record.
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Adjournment & Extension Requirements
A continuance request must include written confirmation by fax or email to Division K law clerks that adverse parties were contacted and do not object, and the requesting party should also file a motion to reset with service sheets and instructions.
For a hearing to be continued, the party requesting the rule must submit written confirmation via fax or email to Division K law clerks that the adverse parties have been contacted and have no objection to the continuance. The party requesting the continuance should also file a motion to reset along with service sheets and instructions.
Page 1 | CONTINUANCES
A trial continuance must be requested by written motion stating the reason, whether it is the first request, and whether the opposing party objects; the judge decides whether to grant it, and a contested continuance receives a contradictory hearing.
A written motion to continue the trial must be filed with the court. The motion must contain a brief reason for the continuance, whether this is the first request for a continuance, and whether the opposing party objects to the continuance. It is within the judge's sole discretion to grant or deny the continuance. If the continuance is contested, the matter will be set for a contradictory hearing.
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Chambers Communication Rules
Chambers may be contacted by fax at (504) 523-8193.
Fax: (504) 523-8193
Page 1 | Office Hours
Chambers may be contacted by phone at (504) 407-0300.
Phone: (504) 407-0300
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Division K law clerk Rita Mendoza may be contacted by email at rmendoza@orleanscdc.com.
rmendoza@orleanscdc.com
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Division K law clerk Matthew Fraser may be contacted by email at mfraser@orleanscdc.com.
mfraser@orleanscdc.com
Page 1 | Office Hours