Louisiana Civil Appeals

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:

• La. First Circuit (19 June 2020) (deadlines suspended from March 12 through July 5)
• La. Second Circuit (23 June 2020) (deadlines suspended from March 17 through July 5)
• La. Third Circuit (22 June 2020) (deadlines suspended from March 12 through July 5)
• La. Fourth Circuit (23 June 2020) (deadlines suspended from March 12 through July 5)

 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. 2nd Circuit extends deadlines to June 16

Today the Louisiana Second Circuit issued an order following yesterday’s executive order by Governor Edwards. Like the Louisiana Supreme Court’s order earlier today, the Second Circuit order extends deadlines in that court to June 16. Filings that otherwise would have been due from the start of the COVID-19 emergency through June 15 will be deemed timely if filed by June 16. The order further says that the Second Circuit intends to hold oral arguments scheduled for June 22 and 23 and July 20 and 21, either in person or by video conference. To download a copy of the Second Circuit’s order, follow this link.

La. 2nd Circuit extends deadlines to June 12

Like the other Louisiana courts of appeal, the Louisiana Second Circuit has extended its deadlines to implement Governor Edwards’s executive order 59 JBE 2020 (May 14, 2020)., which extended the suspension of legal deadlines until June 5, 2020. Under the Second Circuit’s order, filings that would have been due during the suspension period will be deemed timely if filed by June 12, 2020 for non-expedited matters, or by June 8, 2020 for expedited matters.

The order also states that the Second Circuit’s next oral argument will be scheduled for June 22 and 23, 2020, either in person or by video conference, with additional oral arguments to be scheduled for July 20 and 21, 2020.

At the time I wrote this blog post, the Second Circuit had not yet uploaded the order to its web site. But not to worry; you can download a copy by following this link.

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p.s. (5:18 p.m.): Here’s a link to the order on the court’s web site.

La. 2nd Circuit extends most deadlines to May 22

Today the Louisiana Second Circuit issued an order following the governor’s extension of the stay-home order through May 15. The Second Circuit’s order extends the court’s COVID-19 legal holiday through May 15. Any filings in non-expedited matters that would have been due through May 15 are now due by May 22, 2020. Filings in expedited matters are due on May 18. Finally, the order postpones all oral arguments without date.

To download a copy of today’s order by the Second Circuit, follow this link.

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:

• First Circuit ( May 1 filing deadline)
• Second Circuit (May 7 filing deadline, except filing in expedited matter due May 1)
• Third Circuit (May 1 filing deadline)
• Fourth Circuit (May 4 filing deadline)
• Fifth Circuit (May 4 filing deadline)

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. 2nd Circuit extends COVID-19 order through April 30

Responding to Governor Edwards’s executive order of April 2, yesterday the Louisiana Second Circuit has issued an order extending its prior COVID-19 order through April 30. Under this order, the time through April 30, 2020 will be deemed a legal holiday. Filings otherwise due during this holiday are now due no later than May 7, 2020 except for “expedited matters, such as cases governed by Uniform Rules–Courts of Appeal, Rule 5,” which are due no later than May 1, 2020. This order also continues all oral arguments without date. To download a copy of the Second Circuit’s order, follow this link.

La. 2nd Circuit order of Mar. 23 responding to COVID-19 emergency

The Louisiana Second Circuit has issued a supplemental order, signed yesterday, responding to the COVID-19 emergency. To download a copy of the March 23 order, follow this link. This order supplements the provisions and restrictions in the court’s prior orders of March 13, three order of March 15 (governing fax and electronic filing, partial court closure), and restriction of courthouse access, and March 19 by adding the following:

• All filings must be made remotely, by either e-filing, mail, or fax (no in-person filing).
• The court will temporarily accept fax filings, but only with prior notice to and permission from the clerk of court.
• Fees for fax filing or e-filing are to be mailed or shipped separately.
• Requests to borrow records and exhibits must be made by email.
• Persons returning records to the court must use “trackable means.” U.S. Mail, UPS, FedEx, or other commercial carriers are okay; just make sure to get a tracking number.

To download a PDF copy of the March 23 order, follow this link.

La. 2nd Circuit announcements

A quick check of the Louisiana Second Circuit’s web site turned up two announcements on the court’s home page:

• Opinions will be rendered on April 22nd, 2020 (instead of April 8th, 2020)
• Rehearings will be Thursday, May 14th, 2020

La. 2nd Circuit’s latest order responding to the COVID-19 emergency

The Louisiana Second Circuit just issued an order responding to the COVID-19 emergency. Today’s order decrees a legal holiday for the court ending April 13, 2020. Any filings otherwise due during this holiday are due by April 20, seven days after the legal holiday ends.

Today’s order also decrees “that the entire docket set for April is re-set for Monday, May 18, 2020.” This provision of today’s order supersedes the March 15 order, which had continued all cases set for oral argument without date. (For a report on the March 15 order, see this blog post.)

To download a copy of today’s order, follow this link.

La. 2nd Circuit orders responding to COVID-19

The Louisiana Second Circuit has issued several recent orders responding to the COVID-19 emergency. If you have or will have anything going on in the Second Circuit, you need to read these:

• An emergency partial closure of the court
• An order continuing all oral arguments without date
• An emergency e-filing order, providing a procedure and rules for electronic filing

For its employees, the Second Circuit also has an order for non-essential personnel to stay home or to work from home. I don’t know which employees are deemed essential or non-essential.