COVID-19 La.1 Cir.

Many deadlines extended to July 6

On June 9, 2020, Act No. 162 of the Louisiana Legislature’s 2020 Regular Session became effective with the governor’s signature. This legislation enacts La. R.S. 9:5858 through 5830. To download a copy of Act No. 162, follow this link.

Section 9:5828 ratifies Governor Edwards’s various executive orders extending prescription, peremption, and other legal deadlines in Louisiana. Section 9:5829 continues the suspension of prescription, peremption, and abandonment through July 5, 2020, with expiration on July 6. But the suspension applies only to deadlines that otherwise would have expired between March 17 through July 5, 2020. 

Section 9:5830 continues the suspension of all “deadlines in legal proceedings that were suspended” by the governor’s executive orders until July 6. But like § 9:5829, § 9:5830 applies only to deadlines that otherwise would have expired between March 17 and July 5, 2020.

Within the last few days, at least four of the five Louisiana courts of appeal have issued orders conforming their deadlines to Act No. 162. Under these orders, any filings that otherwise would have been due from the beginning of the COVID-19 emergency through July 5, 2020 will be timely if filed by July 6, 2020. Here are links to those orders:

 As I was writing this post, the Louisiana Supreme Court and Louisiana Fifth Circuit had not yet posted orders responding to Act No. 162. If and when they do, I’ll write a follow-up post on this blog. Stay tuned.


La. 1st Circuit extends deadlines to June 16

Today the Louisiana First Circuit issued an order following Governor Edwards’s latest executive order extending legal deadlines. Under today’s order by the First Circuit, filings that otherwise would have been due between March 12 and June 15, 2020 will be timely if filed by June 16. To download a copy of the First Circuit’s order, follow this link. There’s also an announcement about the order on the First Circuit’s web site, which you can read by following this link.

The order and announcement have some additional information about the First Circuit’s current operations:

The First Circuit Courthouse is open, but with restricted access. Electronic filings and mail-in filings are encouraged. In-person filings are limited to drop off only. The First Circuit continues to process all filings and all cases with filed briefs will proceed to docketing and disposition. 


La. 1st Circuit extends deadlines to June 8

Today the Louisiana First Circuit issued an order in response to the COVID-19 emergency and the governor’s latest extension of legal deadlines. Today’s order further extends the court’s own deadlines; anything that would have been due between March 12 and June 5, 2020 will be timely if filed no later than June 8. To download a copy of today’s order, follow this link. There’s also an announcement of the order on the First Circuit’s web site, which you can read by following this link.


La. 1st Circuit background images for Zoom oral arguments

As discussed in a prior post, the Louisiana First Circuit is going to hold oral arguments in June by video conference, using Zoom. For lawyers participating in those arguments, the First Circuit offers some Zoom background images. They’re all taken within one of the First Circuit’s courtrooms from the perspective of the presiding judge. To view and download the images, follow this link.


La. 1st Circuit dockets 21 cases for Zoom oral argument

The Louisiana First Circuit has docketed 21 appeals for oral argument on June 16 and 18 by video conference, using Zoom. Each of the docketing notices includes the clerk of court’s instructions for participating in or attending the argument by Zoom and the Chief Judge Whipple’s order for attorneys withing to participate or attend.


La. 1st Circuit courthouse closed through May 15; deadlines extended to May 18

Today this announcement appeared on the Louisiana First Circuit’s web site:

EMERGENCY ORDER

Acting in accordance with Louisiana Constitution Article V, Section 1, the inherent power of this Court, and considering Proclamations Numbers JBE 2020-30 and 2020-41, Governor John Bel Edwards' extension of emergency provisions announced on April 27, 2020, the Louisiana Supreme Court Orders of April 29, 2020, and the state and federal health guidelines associated with the coronavirus COVID-19 pandemic:

IT IS HEREBY ORDERED that the Louisiana Court of Appeal, First Circuit Courthouse shall remain closed through Friday, May 15, 2020, unless extended by further order.

IT IS HEREBY ORDERED that all deadlines set by this Court in all cases pending before this Court are HEREBY EXTENDED UNTIL FRIDAY, MAY 15, 2020.  All filings due during the period of March 12, 2020 through May 15, 2020, or which become due during this period shall be deemed timely if filed on or before Monday, May 18, 2020.

For clarification, if an appellant’s brief due date falls within the suspension period or the appellant’s brief is filed within the suspension period, the appellee brief(s) will be due 20 days after the lifting of the suspension, June 4, 2020.

Parties who are unable to file within this extended time may submit a Motion and Order with supporting documentation and argument requesting re-consideration of timeliness or other such relief.

THUS DONE AND ORDERED on this 29th day of April 2020.

VGW

I haven’t found a link to the order itself; I imagine it will find its way to the Louisiana Supreme Court’s web site within the next couple of days.

p.s. (30 Apr. 2020): Here’s a link to the First Circuit’s April 29 order.


Recapping where we are with COVID-19

Governor John Bel Edwards says that, early next week, he will announce the first phase of the state’s reopening. In anticipation of that announcement, I thought I’d recap our current situation with legal deadlines in the Louisiana Supreme Court and the courts of appeal. Why? Because, depending on the court, many filings that would have been due in March or April may need to be filed by Friday, May 1, or Monday, May 4.

In La. Proclamation No. 30 JBE 2020 (Mar. 16, 2020), the governor suspended “legal deadlines, including liberative prescription and peremptive periods applicable to legal proceedings in all courts” until at least April 13. The same suspension applied to “all other deadlines in legal proceedings in all courts ....” This proclamation directed the courts to “implement and interpret the provisions of this Order.” The suspension became effective at midnight on March 17, 2020. In La. Proclamation No. 41 JBE 2020 (Apr. 2, 2020), the governor extended these deadlines suspensions “until at least Monday, April 30, 2020.”

The word suspended may be important. Of course, I don’t claim any authority to interpret the governor’s order. With that caveat, I’m reminded of the Civil Code’s distinction between suspension and interruption of prescription. When prescription is interrupted, “the time that has run is not counted”; instead, prescription begins “to run anew from the last day of interruption.” La. Civ. Code art. 3466. In contrast, when prescription is suspended, “the period of suspension is not counted toward accrual of prescription,” and “[p]rescription commences to run again” when the suspension period ends. La. Civ. Code art. 3472. In other words, suspension merely stops the clock; it doesn’t reset the clock. I don’t know whether courts will refer to these Civil Code articles when interpreting suspended in the governor’s order, but it may be prudent to take the conservative approach and assume that the governor’s order merely stopped the clocks, as opposed to resetting them to zero, and that any legal delays will resume when 41 JBE 2020 ends.

Against that backdrop, the Louisiana Supreme Court has issued several orders implementing the governor’s orders. Most important to lawyers practicing in the Louisiana Supreme Court is the Court’s April 6, 2020 order suspending its own deadlines. Under this order, any filings due between March 12, 2002 through May 1, 2020 will be deemed timely if filed no later than Monday, May 4, 2020. 

Following the Louisiana Supreme Court’s lead, all five courts of appeal have issued their own orders adopting the same suspension of deadlines, with a few tweaks to the date filings are due once the suspension is lifted. Here are links to those orders:

Some of these deadlines may change, depending on the governor’s actions and the courts’ responses within the next few days. But as things stand now, a lot of stuff that’s been on hold during the COVID-19 emergency is going to be due next Friday or the following Monday.

p.s. One more wrinkle: In New Orleans, home of the Louisiana Supreme Court and Louisiana Fourth Circuit, the mayor has extended the stay-home order through May 15. While that order doesn’t address deadlines, it may affect the LASC’s and Fourth Circuit’s operations. To download a copy of that order, follow this link.


La. 1st Circuit extends closure and deadlines to April 30

Following Governor Edwards’s extension of the stay-home order through April 30, the Louisiana First Circuit issued an order last Friday, April 3. The court’s order keeps the courthouse closed through April 30, and extends to May 1 any filing deadlines between March 12 and May 1 inclusive. To download a copy of the order, follow this link. To read the court’s announcement of this order, follow this link.

The Louisiana Fifth Circuit issued a similar order last Friday. The other Louisiana appellate courts haven’t announced anything on their web sites yet responding to the governor’s most recent stay-home order.