Opinion
NO. 2014 KW 1717
01-12-2015
STATE OF LOUISIANA v. KRISTEN DWYER
In Re: Kristen Dwyer, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 11-186474.
BEFORE: GUIDRY, THERIOT AND DRAKE, JJ.
WRIT NOT CONSIDERED. All Uniform Rules relative to a document's content and format, except for provisions requiring binding, are applicable to documents that are E-Filed. See Local Rules of the Court of Appeal, First Circuit, Rule 8(D). Relator failed to include a declaration with the exact same contents and certifications required by an affidavit, and she failed to comply with the form and return date requirements of Uniform Rules of Louisiana Courts of Appeal, Rules 4-3 and 4-5. Relator also failed to include a copy of the bill of information, and a copy of the pertinent court minutes, if any. Moreover, although it is not a violation of the Uniform Rules, we note that relator failed to include a copy of the transcripts of all of the proceedings at issue and a copy of any exhibits introduced at the hearings. See City of Baton Rouge v. Plain, 433 So.2d 710 (La.), cert. denied, 464 U.S. 896, 104 S.Ct. 246, 78 L.Ed.2d 235 (1983). Accordingly, this Court cannot adequately review the trial court's ruling herein. Supplementation of this writ application and/or an application for rehearing will not be considered. See Uniform Rules of Louisiana Courts of Appeal, Rules 2-18.7 & 4-9. If relator elects to file a new application in compliance with Uniform Rules of Louisiana Courts of Appeal, Rule 4-5, which includes proof that a timely return date was obtained and otherwise corrects the deficiencies noted herein, she may do so on or before February 25, 2015. Any future filing on this issue should include the entire contents of this application, the missing items noted above, as well as a copy of the original return date, any requests for extensions to the return date, and any extensions set by the district court, and a copy of this ruling.
JMG
MRT
E6D
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT