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CODING: Words in struck through type are deletions from existing law; words underscored
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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 declared states of emergency; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Article 3606 is hereby amended and reenacted7
to read as follows:8
Art. 3606. Temporary restraining order; hearing on preliminary injunction9
A. When a temporary restraining order is granted, the application for a10
preliminary injunction shall be assigned for hearing at the earliest possible time,11
subject to Article 3602, and shall take precedence over all matters except older12
matters of the same character. The party who obtains a temporary restraining order13
shall proceed with the application for a preliminary injunction when it comes on for14
hearing. Upon his failure to do so, the court shall dissolve the temporary restraining15
order.16
B. In the event that the hearing on the issuance of a preliminary injunction17
is continued by the court because of a declared state of emergency made in18
accordance with R.S. 29:724, any temporary restraining order issued in the matter19
shall remain in force for five days after the date of issuance of the executive order20 HLS 14RS-815 ENGROSSED
HB NO. 338
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are additions.
declaring the state of emergency. When a temporary restraining order remains in1
force under this Paragraph, the court shall reassign the application for a preliminary2
injunction for hearing at the earliest possible time, but no later than five days after3
the date of issuance of the executive order declaring the state of emergency. The4
reassignment of the application shall take precedence over all matters except older5
matters of the same character. The party who obtains a temporary restraining order6
shall proceed with the application for a preliminary injunction when it comes on for7
hearing. Upon his failure to do so, the court shall dissolve the temporary restraining8
order.9
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 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 a declared state of
emergency, any temporary restraining order issued in the matter shall remain in force for
five days after the issuance of the executive order declaring the state of emergency and
requires the hearing on the issuance of the preliminary injunction to be rescheduled at the
earliest possible time, but no later than five days after the date of issuance of the executive
order declaring the state of emergency.
(Amends C.C.P. Art. 3606)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Specified that the temporary restraining order will remain in force for five days
after the issuance of the executive order declaring the state of emergency, and
requires the hearing to be reset within the same five days. Further required the
resetting to take precedence over other matters and required the court to dissolve
the temporary restraining order if the party who obtained the restraining order
does not proceed with the application on the date the matter is reset.