In response to Hurricane Ida, the Louisiana First, Second, and Fifth Circuits have issued orders extending deadlines to September 27. With those orders in mind, here is a circuit-by-circuit breakdown of the state of affairs in our Courts of Appeal:
- The First Circuit is closed through September 19. Any filings otherwise due between August 26 and September 26 will be timely if filed by September 27.
- The Second Circuit is open and will hold oral arguments on September 20 and 21. But filings due through September 24 will be timely if filed by September 27.
- To my knowledge, the Third Circuit has not issued any orders related to Hurricane Ida since August 27. My guess is that the court will issue an order conforming its deadlines to the governor’s executive order of September 6.
- The Fourth Circuit remains closed indefinitely. The Fourth Circuit is closed through September 19 and will reopen on September 20. Filings otherwise due during the closure period will be timely if filed by September 27.
- The Fifth Circuit is closed through September 19. All filings due between August 27 and September 19 will be timely if filed by September 27.
The Fourth and Fifth Circuit orders do not address filings due on September 20 through 24. The Fifth Circuit’s order was issued on September 4, two days before Governor Edwards’s September 6 executive order that suspended all legal deadlines through September 24. The Fourth Circuit’s order was issued on September 7, the day before the governor’s executive order, but may have been in the works before the court was aware of the governor’s executive order.