Judge Elroy A. James
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A continuance request must include written confirmation by fax or email to the law clerk and minute clerk that the adverse parties were contacted and do not object.
- A continuance request should be accompanied by a motion to reset, service sheets, and instructions.
- Section 2. Ordinary and summary cases not finished shall be continued to any subsequent day, entirely in the discretion of the Judge.
- +5 more
Request must include
Page & Word Limits1 rule
Do not fax anything to the chambers that is more than fifteen (15) pages exclusive of the cover page.
- More than 15 pages
- Page limit
- Up to 15 pages
Document Format Requirements2 rules
All pleadings, motions, and other court papers must be typed or printed, double spaced, in English, on legal- or letter-size paper, with two-inch top margins and one-inch side and bottom margins; exhibits may be other sizes unless prepared for court use, when they must be letter size.
- Line spacing
- Double
- Margins
- Top 2 inches; Bottom 1 inch; Left 1 inch; Right 1 inch
- Pleading
- Motion
- Other court paper
Formatting
- •Typed or printed
- •English language
Court's wording
All pleadings, motions or other papers filed with the court shall be typed or printed, double spaced on either legal size, i.e. 8 1/2 inch by 14 inch or letter size, i.e. 8 1/2 inch by 11 inch, paper and shall be in the English language. Margins shall be two (2) inches at the top and one (1) inch at the sides and the bottom. An exception shall be made for exhibits which may be other sizes, unless specifically prepared for court use in which case they shall be letter size.
Section 1. All motions, except for default, must be submitted to the Court in writing, unless made during trial or hearing or in open court, and must be entered on the minutes with the order of the Court thereon.
Document Filing Requirements16 rules
You must file a Rule to Show Cause/Order before the matter is set on the Court’s docket. The Mover is required to serve all parties.
The party preparing the judgment must circulate the judgment and attach a 9.5 certificate, complying with Local Rule 9.5.
- Document
- Judgment
Must include
- •Local rule certificate
A party claiming pauper status must attach an affidavit stating pauper status and detailing finances, income, dependents, and owned property.
Court's wording
All petitions, answers, reconventional demands and all other pleadings being filed by any party to any proceeding, in which said party claims the right to litigate as a pauper, without prior payment of costs or furnishing security therefor, must have attached to said pleading an affidavit which recites that said party is a pauper and sets forth in detail his (her) financial condition, amount of income, sources of income, number of dependents, description and worth of any property owned.
Pleadings, motions, and other papers filed after the initiating pleading must be accompanied by proof of delivery or mailing.
Court's wording
Section 5. All pleadings, motions, and other papers filed subsequent to the complaint or petition shall be accompanied by a certificate showing that a copy was delivered or mailed to the opposing counsel, or to the opposing litigant or litigants, if not represented by counsel.
The party filing an exception, contradictory motion or rule, shall file with his pleadings a brief statement or reasons in support thereof and a citation of authorities relied upon.
Section 5. Motions for new trial shall be submitted by movers on briefs. Should the Judge desire oral argument, he will so order.
At the end of a trial or hearing, each attorney must file and submit a signed exhibit statement identifying each offered exhibit and deliver it with the exhibits to the clerk.
Court's wording
At the termination of any trial or hearing, each attorney shall file with the Court a statement setting out the exhibit numbers, and a brief description of each exhibit which he has offered in the case. This statement shall be signed by the Trial Attorney and given to the Clerk, together with all exhibits.
In the latter case, the motion shall specify each question and response to which the motion is directed and, the parties shall submit a copy of the interrogatories and answers.
A motion to compel must identify either untimely filing of responses or insufficient or non-responsive answers as its ground.
Court's wording
If a motion to compel is filed pursuant to Articles 1467 or 1469 of the Louisiana Code of Civil Procedure, said motion shall identify as a ground either (1) that no responses have been timely filed, or (2) that the answers are insufficient or non-responsive.
A motion to withdraw as attorney of record must state that the client was notified by letter and sent or received the motion and letter, and provide a current address and phone number for notices.
Court's wording
In every motion to withdraw as attorney of record, the moving attorney shall: 1) state in his motion that his client has been advised by letter that he is seeking to withdraw and has been sent by certified mail or given a copy of his motion to withdraw and letter; and 2) state in his motion a current address and phone number which will be used by the Court and/or opposing counsel or litigant for all matters requiring notice.
A motion to dismiss must include a certificate stating whether the case had been set for trial and, if so, the trial date.
Court's wording
Before filing a motion for dismissal of any case for any reason, a certificate shall be added to said motion setting forth whether or not the case had been fixed for trial and if so on what date it had been so fixed.
The mediator shall file with the Court notice of his/her acceptance of the appointment. A copy of the notice of acceptance shall also be transmitted to the Louisiana Supreme Court Judicial Administrator’s Office.
Transcript requests should be directed to the Court Reporter, Cynthia Villavaso, CCR, via email at cvillavaso@orleanscdc.com. Please include the case caption, case number, and date of hearing.
Failure of counsel to comply with this rule may be deemed sufficient justification for a denial by the Judge of the right to oral argument and a justification to dismiss the exception, motion or rule.
When documentation of discovery not previously in the record is needed for appeal purposes, upon an application and order of the Court, or by stipulation of Counsel, the necessary discovery papers shall be filed with the Clerk.
Section 1. Cases shall ordinarily be tried in the order in which they are assigned, but the Judges may call their dockets and dispose of all cases and other matters in such order as they deem proper.
Filing & Service rules
Filing Timing and Cure Windows
The pretrial memorandum is due in chambers five days before trial and may be sent by fax or email to the law clerk.
Pre-trial Memorandum is due in Chambers five (5) days before the trial date and should be faxed to chambers or emailed to the law clerk.
Page 1 | Civil Proceedings — TRIALS
A judgment must be submitted within 10 days after the hearing or trial.
Judgments must be submitted within ten (10) days of the hearing/trial.
Page 1 | Civil Proceedings — JUDGMENTS
A memorandum in opposition to rules must be filed at least 72 hours before the hearing.
Memorandum in Opposition to Rules is due 72 hours before the hearing as required by Rule 11 of the Local Rules.
Page 1 | Civil Proceedings
Settlement position papers must reach chambers at least 24 hours before the settlement conference by fax or email to the law clerk.
Settlement Position Papers are due in chambers at least 24 hours before the scheduled settlement conference and should be faxed to chambers or emailed to the law clerk.
Page 1 | Civil Proceedings — SETTLEMENT CONFERENCES
When a costs bond is required, default may not be entered until 10 calendar days after the bond is filed, unless the Court directs otherwise.
Section 7. No default shall be entered until the expiration of ten calendar days, or as otherwise directed by the Court, after the filing of a bond for costs, when such bond has been required.
Page 4 | Rule 11, Section 7
The opposing party must file a brief opposition statement with supporting authority citations at least 72 hours before the hearing.
The opposing party shall file at least 72 hours prior to the time of the hearing a brief statement of the reasons in opposition with a citation of authorities relied upon.
Page 4 | Rule 11, Section 2
Witness subpoenas must be requested at least 10 days before trial unless the court allows otherwise.
Subpoenas for witnesses shall be applied for at least 10 days before trial (unless otherwise allowed by the Court).
Page 6 | Rule 15, Section 3
Discovery portions intended for trial or a potentially dispositive pretrial motion must be filed at the outset of trial or when the motion is filed if their use can reasonably be anticipated.
If interrogatories, requests, answers, or responses are to be used at trial or are necessary to a pre-trial motion which might result in a final order on any issue, the portions to be used shall be filed with the Clerk at the outset of the trial or at the filing of the motion insofar as their use can be reasonably anticipated.
Page 7 | Rule 29: Discovery Proceedings, Section 2(C)
Service and Proof of Service Rules
The mover must serve all parties.
The Mover is required to serve all parties.
Page 1 | Civil Proceedings
In all small claims cases, all pleadings must be served in accordance with the Louisiana Code of Civil Procedure.
In all small claims cases, service of all pleadings shall be made in accordance with the Louisiana Code of Civil Procedure.
Page 2 | RULE 5A. SMALL CLAIMS CASES, Section 2
All pleadings, motions, and other papers filed after the complaint or petition must include a certificate showing that a copy was delivered or mailed to opposing counsel or unrepresented opposing litigants.
Section 5. All pleadings, motions, and other papers filed subsequent to the complaint or petition shall be accompanied by a certificate showing that a copy was delivered or mailed to the opposing counsel, or to the opposing litigant or litigants, if not represented by counsel.
Page 3 | Section 5
The notice requirements of Rule 12, Section 8 must be satisfied.
Section 3. Notice requirements of Rule 12, Section 8, shall be complied with.
Page 4 | Rule 11, Section 3
Rules, motions, and summary cases may be heard only after two days' notice to the adverse party or attorney, unless law provides otherwise.
Section 8. Except as otherwise provided by law, all rules, motions and summary cases may be heard only after two days’ notice to the adverse party or his attorney.
Page 5 | Rule 12, Section 8
Unless law provides otherwise, trial requires five judicial days between notice and trial, delivered by the Constable or by written or oral court order.
In all other cases, five judicial days shall intervene between the notice of trial and the day of trial, which notice of trial shall be given to the adverse party or his attorney of record, either through service by the Constable, or by ‘‘Order of Court’’, in writing or orally, unless otherwise provided by law.
Page 5 | Rule 12, Section 8
For a document requiring service without citation, the filing party must obtain an extra certified copy and give it to the Constable for the return of service.
Wherever a rule or other document requiring service without the issuance of a citation is filed with the Clerk of this Court, the party filing same shall be required to obtain an additional certified copy of the rule or document, over and above the number of copies to be served, which additional certified copy shall be delivered to the Constable with the copy or copies to be served, and shall be used by the Constable to make return or returns of service.
Page 6 | Rule 19, Section 4
For unrepresented litigants, notices must be mailed to the litigant's address; if no address appears in the pleadings, posting the notice-of-trial date on the bulletin board constitutes adequate notice.
In any matter in which a litigant is not represented by an attorney of record, all notices shall be mailed to the litigant to his address. If the litigant’s address is not set out in the pleadings, posting of such Notice of Trial date on the bulletin board shall constitute ample notice to the litigant.
Page 6 | Rule 17, Section 3
When no notice period is otherwise specified, 48 hours must be allowed.
Section 1. In all cases where notice is required and no time is specified by law, by these rules, or by order of Court, forty-eight hours shall be allowed.
Page 6 | Rule 17, Section 1
A constable must return served papers to the record within 24 hours after service and before the scheduled trial time.
The constable shall make his return within 24 hours after the service of all papers intrusted to him for service, which return shall be placed in the record before the hour fixed for the trial of any cause.
Page 7 | Rule 26: Constables’ Return
Covered discovery materials must be served on opposing counsel or parties but ordinarily may not be filed unless a judge orders filing.
Interrogatories under Article 1421 of the Louisiana Code of Civil Procedure, and the answers thereto, Requests for Production or Inspection under C.C.P. 4121, and responses thereto, shall be served upon the other counsel or parties, but shall not be filed with the Court, unless a Judge of this Court orders that such be filed.
Page 7 | Rule 29: Discovery Proceedings, Section 2(A)
Any document or exhibit that you wish to admit into evidence or show the judge or witness should be marked for identification and emailed to the law clerks and other parties at least one week prior to the hearing.
Any document or exhibit that you wish to admit into evidence or show the judge or witness should be marked for identification and emailed to the law clerks and other parties at least one week prior to the hearing.
Page 2 | Court Decorum and Rules
After signing, the original judgment is filed 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.
Page 1 | Civil Proceedings — JUDGMENTS
A notice of trial need not be served when both parties agree on a trial date and waive notice, or when the judge deems it proper; the judge may then set the trial by written or oral order or joint motion.
In cases where there is an agreement by both parties on a trial date and all parties require that no service of a notice of trial is needed, or if the Judge deems it proper, the Judge may set the trial ‘‘By Order of Court’’ either orally or in writing, or the following format may be used for a joint motion:
Page 5 | Rule 12, Section 4(b)
Filing Fees and Waivers
No original suit, proceeding, or subsequent pleading may be filed or docketed until all applicable filing fees are paid to the Clerk of First City Court, except for pleadings filed under Rule 6A.
Except for pleadings filed in accordance with the provisions of Rule 6A, no original suit or proceeding shall be filed and/or docketed as provided by Rule 6, and no subsequent pleading shall be received and filed and/or docketed by the Clerk of First City Court, unless and until all fees for filing such suit and/or pleading are paid to said Clerk of the First City Court.
Page 2 | RULE 5. DOCKETS, Section 1
Pleading costs must be paid to the Clerk at the time of filing, and the amount paid is a nonrefundable filing fee rather than a refundable deposit.
Costs. Costs shall be paid to the clerk at the time of filing of any pleadings as specified on the current list of fees in the Clerk’s Office. In all instances, the amount provided for is not a deposit, but is a filing fee, no part of which is refundable.
Page 2 | RULE 5. DOCKETS, Section 2
Neither party pays a fee for court-ordered mediation because mediators must provide their services pro bono.
There shall be no costs to either party participating in mediation. All mediators shall provide their services on a pro bono basis.
Page 8 | Rule 32: Mediation, Section 3: Cost of Mediation
Adjournment & Extension Requirements
A continuance request must include written confirmation by fax or email to the law clerk and minute clerk that the adverse parties were contacted and do not object.
All requests for a continuance shall include written confirmation via fax or email to the law clerk and minute clerk that the adverse parties have been contacted and have no objection to the continuance.
Page 1 | Civil Proceedings — CONTINUANCE REQUESTS
A continuance may be granted only on good ground consistent with the Louisiana Code of Civil Procedure.
Section 1. A continuance may be granted in any case only if there is good ground therefor, consistent with the Louisiana Code of Civil Procedure.
Page 6 | Rule 15, Section 1
Counsel unable to try a case must notify opposing counsel and file a written continuance motion stating the reasons, contact or due diligence, and whether the continuance is opposed.
If counsel is unable, for any reason, to try the case on the day fixed, he SHALL notify opposing counsel AND file a written motion for continuance giving his reasons for being unable to try said case, and present it to the Judge for his signature. The motion for continuance must show that the opposing counsel has been contacted (or that due diligence has been made to so contact) and whether said counsel opposes or does not oppose the said continuance.
Page 6 | Rule 15, Section 2
An extension-of-time motion must state whether it requests the first, second, or a subsequent extension.
Section 3. Any motion for an extension of time shall contain a statement as to whether this motion is for the first, second, or subsequent extensions requested.
Page 6 | Rule 20, Section 3
A continuance request should be accompanied by a motion to reset, service sheets, and instructions.
The party requesting the continuance should also file a motion to reset along with service sheets and instructions.
Page 1 | Civil Proceedings — CONTINUANCE REQUESTS
Continuances in summary-trial matters are within the assigned Judge's discretion.
Section 1. All exceptions, rules, motions and other matters entitled by law to summary trial shall be assigned for trial in all Sections at 10 A.M. on any legal day or at any other hour set by the Court during the session of the Court. Continuances in such matters shall be at the discretion of the Judge.
Page 4 | Rule 11, Section 1
Section 2. Ordinary and summary cases not finished shall be continued to any subsequent day, entirely in the discretion of the Judge.
Section 2. Ordinary and summary cases not finished shall be continued to any subsequent day, entirely in the discretion of the Judge.
Page 5 | Rule 14, Section 2
The court retains discretion to grant a continuance notwithstanding the preceding continuance requirements.
The Court may grant a continuance notwithstanding the over and above.
Page 6 | Rule 15, Section 2
Chambers Communication Rules
All participants must notify Chambers of their email address and telephone number at least three days before the scheduled hearing.
At least three days prior to the scheduled hearing, all participants shall notify Chambers of their email address and telephone number.
Page 2 | Court Decorum and Rules