GREEN SHEET REDIGEST
HB 805 2020 Regular Session Pressly
PRESCRIPTION: Provides for the suspension of prescription
DIGEST
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 June 30, 2020.
Proposed law creates a limited suspension of all prescription and peremptive periods from
March 17, 2020, through June 30, 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 June 30, 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 1, 2020.
Proposed law creates a limited suspension and extension of all legal deadlines from
March 17, 2020, through June 30, 2020.
Proposed law provides that if a legal deadline lapsed during the time period from March 17,
2020, through June 30, 2020, the party may seek an extension by contradictory motion or
declaratory judgment, but in no case shall the deadline be extended beyond September 1,
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.
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.
Page 1 of 2
Prepared by Margaret M. Corley. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the re-
reengrossed bill
1. Change the extension of the termination date of the COVID-19 public health
emergency suspension from April 14, 2020, to June 30, 2020.
2. Provide that any right or claim that would have expired during the time
period of March 17, 2020, through June 30, 2020, will expire on July 1, 2020.
3. Change the legal deadline for parties seeking an extension by contradictory
motion or declaratory judgment from September 15, 2020, to September 1,
2020.
Page 2 of 2
Prepared by Margaret M. Corley.