Here is a rundown of recent orders by the Louisiana Supreme Court and Governor Edwards responding to the aftermath of Hurricane Ida.
Yesterday, Governor Edwards signed Executive Order 170 JBE 2021. Section 2.1 of this order suspends “legal deadlines in all legal proceedings in all courts, administrative agencies, and boards ... until September 24, 2021. To read or download a copy of this order, follow this link.
Last Tuesday, the Louisiana Supreme Court issued two orders:
- An order closing the Louisiana Supreme Court through Sunday, September 19, with reopening scheduled for September 20. Any filings that otherwise would be due during the closure period will be timely if filed no later than September 20. I don’t know whether Executive Order 170 JBE 2021 supersedes this order by tacking on an extra four days. But recent experience with the early days of the COVID-19 emergency indicate that the Louisiana Supreme Court may issue a follow-up order to conform its own deadlines to the governor’s order. To view or download the Supreme Court’s order, follow this link.
- An order extending prescription, peremption, and abandonment periods for thirty days from the governor’s August 26, 2021 declaration of a state of emergency. The authority for this order comes from code articles enacted last year. Code of Civil Procedure article 562 authorizes the Supreme Court to extend the abandonment period for up to 90 days follow the governor’s declaration of a state of emergency or disaster. Civil Code article 3472.1 authorizes the Supreme Court to extend prescriptive or peremptive periods for up to 90 days following a declaration of emergency or disaster. To view or download a copy of this order, follow this link.