2009 Louisiana Laws TITLE 18 Louisiana election code :: RS 18:1409 Trial; decision; appeal

§1409.  Trial; decision; appeal

A.(1)  Actions objecting to the calling of a special election, objecting to candidacy, or contesting an election shall be tried summarily, without a jury, and in open court.  The trial shall begin no later than 10:00 a.m. on the fourth day after suit was filed.

(2)  If the defendant does not appear on the date set for the trial, either in person or through counsel, the court shall appoint an attorney at law to represent him by instanter appointment made prior to the commencement of the trial.  In a case where a court appointment of an attorney to represent the defendant is made, the proceedings shall be conducted contradictorily against the court-appointed attorney.

(3)(a)  The court shall determine the amount of the fee payable to curators ad hoc in accordance with criteria used by the court in fixing curator fees under Code of Civil Procedure Article 5091 et seq.

(b)  The court shall tax the curator's fee as costs, and such fee shall be paid by the plaintiff unless the defendant was served personally at least twenty-four hours prior to the hearing and the appointment of a curator ad hoc was necessitated by his failure to appear at the trial, in which case the court may require the defendant to pay the curator's fee.

B.(1)  If the action involves the contest of a primary or first party primary election for a major office, the trial judge, for good cause shown, may postpone the date of the second party primary election or the general election for the office as to which the contest was filed for a period not to exceed five weeks.  If the action involves the contest of a second party primary for a major office, the trial judge may, for good cause shown, so postpone the general election.

(2)  Whenever the trial of an action contesting a primary or first or second party primary election for a major office, extends past 5:00 p.m. on the fourteenth day after the day of the election, the trial judge shall order the second party primary election and the general election, or the general election, as the case may be, for the affected office postponed to a Saturday specified by him which, for a second party primary election is at least thirty days after the date on which the trial court renders judgment and which for a general election is at least thirty days after the second party primary election.

(3)  As used in this Subsection, "major office" means offices voted on throughout the state or a congressional district, the offices of justice of the supreme court or judge of a court of appeal, the offices of members on a state board or commission, or offices which require election from a territorial jurisdiction having a population exceeding two hundred fifty thousand.

C.  In all actions, the trial judge shall render judgment within twenty-four hours after the case is submitted to him and shall indicate the date and time rendered on the judgment.  The clerk of the trial court shall immediately notify all parties or their counsel of record by telephone and/or facsimile transmission of the judgment.

D.  Within twenty-four hours after rendition of judgment, a party aggrieved by the judgment may appeal by obtaining an order of appeal and giving bond for a sum fixed by the court to secure the payment of costs.  The clerk of the trial court shall give notice of the order of appeal to the clerk of the court of appeal and to all the parties or their counsel of record.  The trial judge shall fix the return day at a time not to exceed three days after rendition of judgment.

E.  The clerk of the trial court shall prepare the record on appeal and transmit it to the clerk of the court of appeal on the return day.

F.  Immediately upon receipt of the record the clerk of the court of appeal shall notify the parties and the case shall be heard no later than forty-eight hours after the record is lodged with the court of appeal.  Judgment shall be rendered within twenty-four hours after the case is argued.  The court of appeal shall indicate the date and time rendered on the judgment.  The clerk of the court of appeal shall immediately notify all parties or their counsel of record by telephone and/or facsimile transmission of the judgment.

G.  An application to the supreme court for a writ of certiorari shall be made within forty-eight hours after judgment is rendered by the court of appeal.

H.  The appellate court shall sit en banc in all election contests involving candidates for offices voted on throughout the state or throughout a congressional district, justice of the supreme court, judge of a court of appeal, membership on a state board or commission, district judge, district attorney, or membership in the state legislature.  In all other cases arising under this Chapter, the court may sit in panels of three or more as directed by the chief judge.

I.  No application for a new trial or for a rehearing shall be entertained by any court, but a court, upon its own motion, may correct manifest error to which its attention is called.

J.  As used in this Chapter, judgment shall be deemed to have been rendered when signed by the judge.

Acts 1976, No. 697, §1, eff. Jan. 1, 1978.  Amended by Acts 1980, No. 506, §1, eff. Jan. 1, 1981; Acts 1983, No. 137, §1, eff. June 24, 1983; Acts 1995, No. 300, §1, eff. June 15, 1995; Acts 1999, No. 254, §1, eff. Jan. 1, 2000; Acts 2006, No. 560, §1, eff. Jan. 1, 2007.