Background
Jordan Thibodeaux sought supervisory review of proceedings in the 19th Judicial District Court for East Baton Rouge Parish arising from a motion for summary judgment.
The writ application did not include all evidence filed or referenced in connection with the motion. The missing materials included plaintiff’s Exhibit 4, Thibodeaux’s affidavit supporting partial summary judgment. The application also omitted the transcript of the pertinent hearing.
The Court’s Holding
The Louisiana Court of Appeal declined to consider the writ application because the record supplied by the relator was incomplete. The court did not reach the merits of the summary-judgment dispute.
The court stated that it would not consider supplementation of the application or an application for rehearing, citing Uniform Rules of Louisiana Courts of Appeal 2-18.7 and 4-9. It permitted the relator to file a new, compliant application containing all pertinent documentation, including the identified missing materials and a copy of the ruling, by September 23, 2026.
Key Takeaways
- A supervisory writ application must include all evidence filed or referenced in support of or opposition to the challenged summary-judgment motion.
- The First Circuit requires the transcript of the pertinent hearing when considering such a writ application.
- The court would not allow supplementation or rehearing, but authorized a new compliant application by a specified deadline.
Why It Matters
The ruling underscores that an incomplete writ record can prevent appellate review without any consideration of the underlying merits. Counsel seeking supervisory review must ensure that the application contains the relevant exhibits, affidavits, transcripts, and other required documentation.