HLS 20RS-1226 ORIGINAL
2020 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 25
BY REPRESENTATIVE GREGORY MILLER
CIVIL/ACTIONS: Provides for the suspension of all civil prescriptive, peremptive, filing,
and other deadlines in response to the COVID-19 Public Health Emergency declared
by the governor
1 A CONCURRENT RESOL UTION
2To suspend until sixty days after final adjournment of the 2021 Regular Session of the
3 Legislature of Louisiana the provisions of all laws which apply to all legal deadlines,
4 including liberative prescription, peremptive periods, and filing deadlines applicable
5 to legal proceedings in all courts, administrative agencies, and boards.
6 WHEREAS, as a direct consequence of the COVID-19 Public Health Emergency
7declared by the governor, there are extreme challenges to maintain adequate staffing of the
8courts and related systems of government without further risk of the spread of disease to the
9citizens of Louisiana; and
10 WHEREAS, the COVID-19 Public Health Emergency has created an obstruction to
11residents attempting to timely exercise their rights to effectively pursue or defend claims in
12legal, administrative, and regulatory proceedings; and
13 WHEREAS, Article I, Section 22 of the Constitution of Louisiana provides that all
14courts shall be open, and every person shall have an adequate remedy by due process of law
15and justice, administered without denial, partiality, or unreasonable delay, for injury to him
16in his person, property, reputation, or other rights; and
17 WHEREAS, the disruption of services and infrastructure to our system of justice
18caused by this emergency event will have a significant impact on the basic rights of citizens
19unless action is taken to suspend the effects of the tolling of legal delays during the period
20of this emergency; and
Page 1 of 3 HLS 20RS-1226 ORIGINAL
HCR NO. 25
1 WHEREAS, pursuant to the authority granted by Article III, Section 20 of the
2Constitution of Louisiana, it is necessary for the Legislature of Louisiana to suspend the
3effects of all legal deadlines, including liberative prescription, peremptive periods, and filing
4deadlines applicable to legal proceedings in all courts, administrative agencies, and boards.
5 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
6the provisions of all laws which apply to all legal deadlines, including liberative prescription,
7peremptive periods, and filing deadlines applicable to legal proceedings in all courts,
8administrative agencies, and boards, including but not limited to such deadlines set forth by
9law within all of the following:
10 (1) Louisiana Civil Code.
11 (2) Louisiana Code of Civil Procedure.
12 (3) Title 9 of the Louisiana Revised Statutes of 1950, Civil Code Ancillaries.
13 (4) Title 13 of the Louisiana Revised Statutes of 1950, Courts and Judicial
14Procedure.
15 (5) Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, Election
16Campaign Finance.
17 (6) Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950, Workers'
18Compensation.
19 (7) Part IV of Subchapter E of Chapter 5-D of Title 40 of the Louisiana Revised
20Statutes of 1950, Malpractice Liability for State Services.
21 (8) Part I of Subchapter E of Chapter 5-D of Title 40 of the Louisiana Revised
22Statutes of 1950, Medical Malpractice.
23 (9) Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950, Administrative
24Procedure.
25 BE IT FURTHER RESOLVED that this suspension shall become effective upon
26adoption of this Resolution and shall extend through the sixtieth day after final adjournment
27of the 2021 Regular Session of the Legislature of Louisiana.
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HCR NO. 25
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)]
HCR 25 Original 2020 Regular Session Gregory Miller
Suspends the provisions of all laws which apply to all legal deadlines, including liberative
prescription, peremptive periods, and filing deadlines applicable to legal proceedings in all
courts, administrative agencies, and boards.
(Suspends all legal deadlines set forth by law, including deadlines contained in the
following: (1) Civil Code; (2) Code of Civil Procedure; (3) Title 9 of the La. Revised
Statutes; (4) Title 13 of the La. Revised Statutes; (5) Chapter 11 of Title 18 of the La.
Revised Statutes; (6) Chapter 10 of Title 23 of the La. Revised Statutes; (7) Part IV of
Subchapter E of Chapter 5-D of Title 40 of the La. Revised Statutes; (8) Part I of Subchapter
E of Chapter 5-D of Title 40 of the La. Revised Statutes; and (9) Chapter 13 of Title 49 of
the La. Revised Statutes)
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