HLS 20RS-1226 ENGROSSED
12020 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 September 30, 2020, the provisions of all laws which apply to all legal
3 deadlines, including liberative prescription, peremptive periods, lien periods, and
4 filing deadlines applicable to legal proceedings in all courts, administrative agencies,
5 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
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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, lien
4periods, and filing deadlines applicable to legal proceedings in all courts, administrative
5agencies, and boards.
6 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana hereby suspends
7the provisions of all laws which apply to all legal deadlines, including liberative prescription,
8peremptive periods, lien periods, and filing deadlines applicable to legal proceedings in all
9courts, administrative agencies, and boards, including but not limited to such deadlines set
10forth by law within all of the following:
11 (1) Louisiana Civil Code.
12 (2) Louisiana Code of Civil Procedure.
13 (3) Title 9 of the Louisiana Revised Statutes of 1950, Civil Code Ancillaries.
14 (4) Title 13 of the Louisiana Revised Statutes of 1950, Courts and Judicial
15Procedure.
16 (5) Chapter 11 of Title 18 of the Louisiana Revised Statutes of 1950, Election
17Campaign Finance.
18 (6) Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950, Workers'
19Compensation.
20 (7) Part IV of Subchapter E of Chapter 5-D of Title 40 of the Louisiana Revised
21Statutes of 1950, Malpractice Liability for State Services.
22 (8) Part I of Subchapter E of Chapter 5-D of Title 40 of the Louisiana Revised
23Statutes of 1950, Medical Malpractice.
24 (9) Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950, Administrative
25Procedure.
26 (10) Titles 38 and 48 and all other Codes and Titles of the Louisiana Revised
27Statutes of 1950.
28 BE IT FURTHER RESOLVED that the suspension by this Resolution of
29prescriptive periods, lien periods, peremptive periods, and all legal deadlines is limited to
30the time period of March 16, 2020, through September 30, 2020, and the suspension is
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HCR NO. 25
1further limited and shall apply only if the prescriptive period, lien period, peremptive period,
2or legal deadline would have otherwise lapsed.
3 BE IT FURTHER RESOLVED that this limited suspension shall terminate on
4September 30, 2020, and any right, claim, or action which would have expired during the
5time period of March 16, 2020, through September 30, 2020, shall lapse on October 1, 2020.
6 BE IT FURTHER RESOLVED that with respect to any prescriptive period, lien
7period, peremptive period, or legal deadline which would not have lapsed during the time
8period of March 16, 2020, through September 30, 2020, the period of suspension provided
9by this Resolution shall be counted toward accrual of the prescriptive period, lien period,
10peremptive period, or legal deadline, notwithstanding the provisions of Civil Code Article
113472.
12 BE IT FURTHER RESOLVED that this suspension shall become effective upon
13adoption of this Resolution and shall extend through September 30, 2020.
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 Engrossed 2020 Regular Session Gregory Miller
Suspends the provisions of all laws which apply to all legal deadlines, including liberative
prescription, peremptive periods, lien 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; (9) Chapter 13 of Title 49 of the
La. Revised Statutes; and (10) Titles 38 and 48 of the La. Revised Statutes)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Specify that lien periods, Titles 38 and 48 of the La. Revised Statutes, and all
other Codes and Titles of the La. Revised Statutes are included in the suspension.
2. Add March 16, 2020, through September 30, 2020, as the period to apply the
proposed suspension.
3. Limit applicability to matters which would have expired from March 16, 2020,
through September 30, 2020.
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4. Specify that the period of March 16, 2020, through September 30, 2020, shall be
counted toward the accrual of actions which would not have expired during the
effective dates of the suspension.
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