HLS 20RS-1287 REENGROSSED
2020 Regular Session
HOUSE BILL NO. 805
BY REPRESENTATIVE PRESSLY
PRESCRIPTION: Provides for the suspension of prescription
1 AN ACT
2To enact Part VI of Chapter 1 of Code Title XXIV of Code Book III of Title 9 of the
3 Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:5828 through 5830,
4 relative to the effect of obligations during certain emergencies and disasters; to
5 provide relative to suspension of prescription, peremptive, and abandonment periods
6 and other legal deadlines; to provide relative to the extension of prescription and
7 peremptive periods and other legal deadlines; to provide relative to the ratification
8 of Proclamation JBE 2020-30; to provide for applicability; and to provide for related
9 matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Part VI of Chapter 1 of Code Title XXIV of Code Book III of Title 9 of
12the Louisiana Revised Statutes of 1950, to be comprised of R.S. 9:5828 through 5830, is
13hereby enacted to read as follows:
14 PART VI. SUSPENSION OR EXTENSION OF PRESCRIPTION AND
15 PEREMPTION DURING 2020 COVID-19 PUBLIC HEALTH EMERGENCY
16 §5828. Purpose; ratification
17 A. The legislature finds that the COVID-19 public health emergency created
18 a statewide emergency disrupting and forcing the closure of certain courts and public
19 offices and further resulting in the displacement of courts, offices, clients, and
20 counsel. This Part is enacted for the benefit and protection of the state as a whole
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1 and its citizens, and to prevent injustice, inequity, and undue hardship to persons who
2 were prevented by the COVID-19 public health emergency from timely access to
3 courts and offices in the exercise of their legal rights, including the filing of
4 documents and pleadings as authorized or required by law. Therefore, this Part shall
5 be liberally construed to effect its purposes.
6 B. The action of the governor of this state in issuing Proclamation Number
7 JBE 2020-30 is hereby approved, ratified, and confirmed subject to the provisions
8 of this Part.
9 §5829. Suspension and extension of prescription and peremption; exceptions
10 A. All prescriptions, including liberative, acquisitive, and the prescription
11 of nonuse, abandonment periods, and all peremptive periods shall be subject to a
12 limited suspension or extension during the time period of March 17, 2020, through
13 May 15, 2020; however, the suspension or extension of these periods shall be limited
14 and shall apply only if these periods would have otherwise expired during the time
15 period of March 17, 2020, through May 15, 2020. This limited suspension or
16 extension shall terminate on May 14, 2020, and any right, claim, or action which
17 would have expired during the time period of March 17, 2020, through May15, 2020,
18 shall expire on July 15, 2020.
19 B. The provisions of Subsection A of this Section shall not apply to any
20 matter concerning the prescription of nonuse applicable to mineral servitudes,
21 mineral royalty interests, and executive rights which shall be governed by the
22 Louisiana Mineral Code and are not subject to the suspension provisions in this
23 Section.
24 §5830. Suspension of legal deadlines; extension of legal deadlines; contradictory
25 hearing
26 A. All deadlines in legal proceedings that were suspended by Proclamation
27 Number JBE 2020-30 shall be subject to a limited suspension or extension after July
28 15, 2020; however, the suspension or extension of these deadlines shall be limited
29 and shall apply only if these deadlines would have otherwise expired during the time
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1 period of March 17, 2020, through May 15, 2020. This limited suspension or
2 extension shall terminate on May 14, 2020, and any deadline in legal proceedings
3 which would have expired during the time period of March 17, 2020, through May
4 15, 2020, shall expire on July 15, 2020.
5 B. Notwithstanding the provisions of Subsection A of this Section and to the
6 extent that deadlines in legal proceedings were not suspended by Proclamation
7 Number JBE 2020-30, if a deadline in a legal proceeding lapsed during the time
8 period of March 17, 2020, through May 15, 2020, a party shall have the right to seek
9 an extension or suspension of that deadline by contradictory motion or declaratory
10 judgment. The party seeking the extension shall bear the burden of proving that
11 either the party or his attorney was adversely affected by the COVID-19 public
12 health emergency and, but for the adverse effects of the COVID-19 public health
13 emergency, the legal deadline would have been timely met. For good cause shown,
14 the court shall extend the deadline in the legal proceeding, but in no instance shall
15 the extension be later than September 15, 2020.
16 Section 2. The provisions of this Act shall preempt and supersede but not repeal any
17provision of the Civil Code or any other provision of law to the extent that such provision
18conflicts with the provisions of this Act.
19 Section 3. This Act is declared to be interpretative, curative, and procedural and
20therefore is to be applied retroactively as well as prospectively.
21 Section 4. The Louisiana State Law Institute shall include as notes to this Act
22Proclamation Number JBE 2020-30.
23 Section 5. The provisions of R.S. 9:5829 and 5830 as enacted by this Act shall
24specifically apply in all administrative hearings and proceedings.
25 Section 6. This Act shall become effective upon signature by the governor or, if not
26signed by the governor, upon expiration of the time for bills to become law without signature
27by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
28vetoed by the governor and subsequently approved by the legislature, this Act shall become
29effective on the day following such approval.
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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)]
HB 805 Reengrossed 2020 Regular Session Pressly
Abstract: Suspends prescriptive and peremptive periods accruing from March 17, 2020,
through May 15, 2020.
Present law provides various prescriptive and peremptive periods. C.C. Art. 3472 provides
that a period of suspension is not counted towards the accrual of prescription. Prescription
commences to run again upon the termination of the period of suspension. Proposed law
does not alter present law.
Proposed law ratifies Proclamation JBE 2020-30, which due to the COVID-19 public health
emergency created a limited suspension of all prescription and peremptive periods from
March 17, 2020, through May 15, 2020.
Proposed law creates a limited suspension of all prescription and peremptive periods from
March 17, 2020, through May 15, 2020, with certain exceptions.
Proposed law provides that this limited suspension of prescription shall apply only to a
prescriptive or peremptive period which would have otherwise expired during the period
from March 17, 2020, through May 15, 2020.
Proposed law provides that this limited suspension shall terminate on May 14, 2020, and any
right, claim, or action which was suspended shall expire on July 15, 2020.
Proposed law creates a limited suspension and extension of all legal deadlines from March
17, 2020, through May 15, 2020.
Proposed law provides that if a legal deadline lapsed during the time period from March 17,
2020, through May 15, 2020, the party may seek an extension by contradictory motion or
declaratory judgment, but in no case shall the deadline be extended beyond September 15,
2020.
Proposed law provides that this Act shall preempt and supersede but not repeal any
conflicting provisions of law.
Proposed law provides that this Act is interpretative, curative, and procedural and shall be
applied retroactively as well as prospectively.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 9:5828-5830)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Extend the termination date of the COVID-19 public health emergency
suspension from April 14, 2020, to May 15, 2020.
2. Provide that any right or claim that would have expired during the time period
of March 17, 2020, through May 15, 2020, will expire on July 15, 2020.
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3. Extend the legal deadline for parties seeking an extension by contradictory
motion or declaratory judgment from August 14, 2020, to September 15, 2020.
4. Make technical changes.
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