Louisiana Civil Appeals

Governor extends legal deadlines until June 15

Yesterday, Governor Edwards issued two executive orders implementing Louisiana’s movement to Phase 2 re-opening. The one this blog is concerned with, 75 JBE 2020, continues the suspension of most legal deadlines until Monday, June 15. These deadlines include all those set by the Louisiana Civil Code, Louisiana Code of Civil Procedure, Louisiana Code of Criminal Procedure, and the Revised Statutes. Liberate prescription and peremption deadlines are extended to July 5, 2020. See § 3.H of 75 JBE 2020. To download a copy of the entire order, follow this link.

In a related order, 74 JBE 2020, Governor Edwards relaxed some restrictions on businesses that have been in place since the start of the COVID-19 emergency. To download that order, follow this link.

The governor’s latest order, like his past orders, directs the individual courts to “continue to use due diligence in communicating with attorneys, parties to proceedings with pending deadlines, and the public how the court ... will implement and interpret” the order. So as with past orders, we’ll probably see a series of orders from the Louisiana Supreme Court and the five courts of appeal adjusting their deadlines to line up with the governor’s order. Stay tuned.

Louisiana moving to Phase 2 re-opening

Earlier this afternoon, Governor John Bel Edwards announced the state’s movement to Phase 2 re-opening this Friday, June 5. To read the governor’s press release, follow this link. Today’s announcement does not include any information about legal deadlines that have been suspended since the onset of the COVID-19 emergency. We’ll probably find out about that on Thursday, when the governor plans to release updated executive orders officially moving the state to Phase 2. That, in turn, will likely dictate whether the Louisiana Supreme Court and courts of appeal continue their own suspensions of procedural deadlines.

Although the state is moving on to Phase 2, the City of New Orleans will remain at Phase 1 beyond June 5. That’s according to an announcement released today by Mayor Cantrell’s office, which you can read by following this link.

Direct link to La. 5th Circuit’s e-conference page

As readers of this blog know, the Louisiana Fifth Circuit held its May 2020 oral arguments by video conference, using the Zoom platform. The court’s web site has a page with general information for those wishing to attend a Zoom oral argument, but it’s hard to find (I couldn’t find a link to it from the home page). Not to worry, though; here’s a direct link to the court’s e-conference web page.

La. 5th Circuit guidelines for Phase 1 re-opening

Recently, the Louisiana Fifth Circuit issued a letter to attorneys and the general public about the court’s operations beginning May 18. This letter covers some of the same ground as the court’s letter to the LSBA president last week. These include the court’s handling of deadlines, access to the courthouse, social-distancing and other protective measures inside the courthouse, available alternatives for filing (including e-filing and fax-filing), and oral arguments during the next 90 days. To read or download the letter, follow this link.

The court has also recently issued a re-opening notice, spelling out the protocol for entry into the courthouse. To read or download this notice, 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. 4th Circuit extends deadlines to June 8

Today the Louisiana Fourth Circuit issued an order extending its own deadlines in response to the COVID-19 emergency and the governor’s latest extension of legal deadlines. Under today’s order, any filings that otherwise would be due between March 12 and June 5, 2020 will be timely if filed no later than June 8. To download a copy of this order, follow this link.

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.

Two orders by the LASC today

Today the Louisiana Supreme Court issued two orders responding to the COVID-19 emergency and the governor’s latest order suspending legal deadlines.

In one order, the Court extended its own deadlines to implement the governor’s order: any filings otherwise due between March 12 and June 5, 2020, will be timely if filed no later than Monday, June 8, 2020. To download a copy of this order, follow this link.

In the other order, the Court continued Louisiana’s moratorium on jury trials through June 30, but has otherwise lifted the ban on in-person court proceedings, as long as courts mind social-distancing guidelines. The Supreme Court continues to encourage Louisiana courts to conduct proceedings by video or telephone conference whenever possible. To download a copy of this order, follow this link.

La. 3rd Circuit extends deadlines through June 5

Today the Louisiana Third Circuit issued an order implementing Governor Edwards’s latest extension of legal deadlines. Under today’s order, Third Circuit filings that otherwise would have been due between March 12 and June 5, 2020, will be deemed timely if filed by June 8, 2020. To download a copy of this order, follow 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.