HLS 14RS-815 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 338
BY REPRESENTATIVE ALFRED WILLIAMS
CIVIL/RESTRAINING ORDER: Provides relative to the effective period of a temporary
restraining order under certain circumstances
AN ACT1
To amend and reenact Code of Civil Procedure Article 3606, relative to temporary2
restraining orders; to provide relative to the effectiveness of temporary restraining3
orders; to extend the effective period of temporary restraining orders when a hearing4
is continued due to weather, natural disasters, or declared states of emergency; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Article 3606 is hereby amended and reenacted8
to read as follows:9
Art. 3606. Temporary restraining order; hearing on preliminary injunction10
A. When a temporary restraining order is granted, the application for a11
preliminary injunction shall be assigned for hearing at the earliest possible time,12
subject to Article 3602, and shall take precedence over all matters except older13
matters of the same character. The party who obtains a temporary restraining order14
shall proceed with the application for a preliminary injunction when it comes on for15
hearing. Upon his failure to do so, the court shall dissolve the temporary restraining16
order.17
B. In the event that the hearing on the issuance of a preliminary injunction18
is continued by the court because of weather, natural disaster, or a declared state of19
emergency, any temporary restraining order issued in the matter shall remain in20 HLS 14RS-815 ORIGINAL
HB NO. 338
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
effect until the hearing on the issuance of the preliminary injunction is rescheduled1
and concluded.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Alfred Williams HB No. 338
Abstract: Extends the effective period of a temporary restraining order when the hearing
on the issue of a preliminary injunction is continued due to weather, natural disaster,
or a declared state of emergency.
Present law authorizes the issuance of a temporary restraining order effective for a specific
period of time during the pendency of an action for a preliminary injunction.
Proposed law retains present law and provides that in the event that the hearing on the
issuance of a preliminary injunction is continued by the court because of weather, natural
disaster, or a declared state of emergency, any temporary restraining order issued in the
matter shall remain in effect until the hearing on the issuance of the preliminary injunction
is rescheduled and concluded.
(Amends C.C.P. Art. 3606)