The courts of appeal have supervisory jurisdiction to review decisions that are not subject to direct appeal.1 These are typically interlocutory decisions for which no other remedy exists at law. Courts also consider judicial efficiency and fundamental fairness to the parties.2 Another factor the court of appeal may consider is whether the interlocutory decision will cause the applicant irreparable harm.3 Irreparable injury exists for evictions of indigents.4 The decision to review a supervisory writ is discretionary.
To initiate a writ application, an advocate must file a Notice of Intent requesting that the trial court set a return date not less than 30 days from the date of the decision for which review is sought.5 The return date is when the applicant’s brief is due to the court of appeal. As a practical matter, due to the speed at which evictions move, you may need to request a return date sooner than 30 days. You may also have to request expedited consideration by the court of appeal.6 If you need the transcript, be sure to request that the court set a time for the transcript to be produced and include that on the notice of intent.
If a tenant cannot comply with the requirements for a suspensive appeal, for example because the bond is set unreasonably high, consider applying for a supervisory writ and stay order.7 A writ can also be filed to contest an interlocutory decision to deny a remote hearing for a tenant with disabilities.8 Both the court of appeal and the trial court have the discretion to stay the eviction pending the determination of the supervisory writ application.9
- 1Henry v. Ford Motor Co., 519 So.2d 845, 845 (La. App. 4 Cir. 1988).
- 2Herlitz Const. Co. v. Hotel Invs. of New Iberia, Inc., 396 So. 2d 878 (La. 1981) (“When the overruling of the exception is arguably incorrect, when a reversal will terminate the litigation, and when there is no dispute of fact to be resolved, judicial efficiency and fundamental fairness to the litigants dictates that the merits of the application for supervisory writs should be decided in an attempt to avoid the waste of time and expense of a possibly useless future trial on the merits.”).
- 3Blow v. OneBeacon Am. Ins. Co., 2016-0301, p. 2 (La. App. 4 Cir. 04/20/16), 193 So. 3d 244, 247.
- 4See, e.g., Park Vill. Apartment Tenants Ass’n v. Mortimer Howard Tr., 636 F.3d 1150, 1159 (9th Cir. 2011).
- 5See Uniform Rules of Louisiana Courts of Appeal 4-2, 4-3.
- 6See Uniform Rules of Louisiana Courts of Appeal 4-4.
- 7Id.; Doullut v. Rush, 77 So. 110 (La. 1917).
- 8Nguyen v. Hall, 2020-0531 (La. App. 1 Cir. 6/25/20), 2020 WL 3475906.
- 9Uniform Rules of Louisiana Courts of Appeal 4-4; Albert Tate, Jr., Supervisory Powers of the Louisiana Courts of Appeals, 38 Tul. L. Rev. 429 (1963); see also Livingston Downs Racing Ass’n v. La. State Racing Comm’n, 96-1215 (La. App. 4 Cir. 06/05/96), 675 So. 2d 1214 (stay issued pursuant to supervisory jurisdiction in devolutive appeal). But see Veillon v. Veillon, 517 So. 2d 941 (La. App. 3 Cir. 1987) (supervisory writs cannot be used as a substitute for suspensive appeal).