§ 9:5830 — Suspension of legal deadlines; extension of legal deadlines; contradictory hearing

Louisiana § 9:5830

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§5830. Suspension of legal deadlines; extension of legal deadlines; contradictory hearing
A. All deadlines in legal proceedings that were suspended by Proclamation Number
JBE 2020-30 and any extensions thereof shall be subject to a limited suspension or extension
until July 6, 2020; however, the suspension or extension of these deadlines shall be limited
and shall apply only if these deadlines would have otherwise expired during the time period
of March 17, 2020, through July 5, 2020. The right to file a pleading or motion to enforce
any deadline in legal proceedings which would have expired during the time period of March
17, 2020, through July 5, 2020, shall expire on July 6, 2020.
B. Notwithstanding the provisions of Subsection A of this Section and to the extent
that deadlines in legal proceedings were not suspended by Proclamation Number JBE 2020-30 and any extensions thereof, if a deadline in a legal proceeding lapsed during the time
period of March 17, 2020, through July 5, 2020, a party shall have the right to seek an
extension or suspension of that deadline by contradictory motion or declaratory judgment.
The party seeking the extension shall bear the burden of proving that either the party or his
attorney was adversely affected by the COVID-19 public health emergency and, but for the
adverse effects of the COVID-19 public health emergency, the legal deadline would have
been timely met. For good cause shown, the court shall extend the deadline in the legal
proceeding, but in no instance shall the extension be later than September 1, 2020.
C. Notwithstanding Subsections A and B of this Section, legal deadlines related to
matters set forth in Louisiana Civil Code Book III, Title IX, Chapters 1 through 5 and
Louisiana Code of Civil Procedure Book VII, Title XI, Chapters 1 and 2 shall not be
suspended or extended beyond the time period provided for by Proclamation Number JBE
2020-30 and any extensions thereof.
NOTE: See Acts 2020, No. 162, §3, regarding retroactivity of the Act.

Legislative History

Acts 2020, No. 162, §1, eff. June 9, 2020.