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 389 Engrossed 2022 Regular Session Pressly
Abstract: Provides relative to periods of prescription, peremption, and abandonment during
declared emergencies or disasters.
Present law (C.C. Art. 3447) provides that liberative prescription is a mode of barring actions as a
result of inaction for a period of time.
Present law (C.C. Art. 3458) provides that peremption is a period of time fixed by law for the
existence of a right. Present law provides that unless timely exercised, the right is extinguished upon
the expiration of the peremptive period.
Present law (C.C. Art. 3467) provides that prescription runs against all persons unless legislation
establishes an exception.
Present law (C.C. Art. 3461) provides that peremption may not be renounced, interrupted, or
suspended.
Proposed law changes present law and adds that the law may provide exceptions to present law.
Present law (C.C. Art. 3472.1) provides for the emergency suspension of prescription and
peremption in the event that the governor declares a state of emergency or disaster pursuant to
present law (R.S. 29:721-772; La. Homeland Security and Emergency Assistance and Disaster Act,
National Guard Mutual Assistance Counter-Drug Activities Compact, and La. Health Emergency
Powers Act).
Present law provides that if the governor declares a state of emergency or disaster, the La. Supreme
Court may suspend all prescriptive and peremptive periods for up to 90 days.
Present law provides for continuing suspensions.
Present law provides that the suspension period will terminate upon the earlier of a supreme court
order or termination of the declared state of emergency or disaster. Present law provides that the
right to file any pleading subject to the suspension as provided in present law shall terminate 60 days
after the suspension terminates.
Proposed law changes present law and provides that if the governor declares a state of emergency
or disaster and issues an order that suspends or extends the liberative prescriptive and peremption periods, the executive order or proclamation shall have the effect of suspending only those liberative
prescriptive or peremptive periods that would have otherwise accrued during the time specified in
the order or duration of the order's effectiveness.
Proposed law provides that when the suspension period terminates, liberative prescription or
peremption commences to run again and accrues upon the earlier of 30 days after the expiration of
the period of suspension or in accordance with time as calculated in present law (C.C. Art. 3472).
Present law (C.C. Art. 3472) provides that a period of suspension is not counted toward the accrual
of prescription. Present law provides that prescription commences to run again upon the termination
of the period of suspension.
Proposed law (C.C.P. Art. 196.2) provides that when the governor declares a state of emergency or
disaster pursuant to present law (R.S. 29:721-775), the supreme court, rather than the governor, may
suspend or extend deadlines applicable to legal proceedings in court, including abandonment of
actions.
Present law (C.C.P. Art. 561) provides that an action is abandoned when the parties fail to take any
step in its prosecution or defense in the trial court for three years. An appeal is abandoned when
parties fail to take any step in its prosecution or disposition or disposition for the period provided
in the rules of the appellate court.
Proposed law (C.C.P. Art. 196.2) provides that the suspension or extension of deadlines applicable
to legal proceedings shall only extend deadlines applicable to legal proceedings that would have
otherwise run during the period of time in the order. After the suspension or extension period has
expired, a party shall have an amount of time as specified in the court order to file any pleading
affected by the suspension or extension. Proposed law provides that if no amount of time is
specified, the parties shall have 30 days after the period has expired.
Present law (C.C.P. Art. 562) provides that when the governor declares a state of emergency or
disaster pursuant to present law (R.S. 29:721-775) the supreme court may suspend the period of
abandonment for a period of time not to exceed 90 days. Present law provides for continuing
suspensions.
Present law provides that the suspension period will terminate upon the earlier of a supreme court
order or termination of the declared state of emergency or disaster. Present law provides that the
right to file any pleading subject to the suspension as provided in present law shall terminate 60 days
after the suspension terminates.
Proposed law repeals present law.
(Amends C.C. Arts. 3461 and 3472.1; Adds C.C.P. Art. 196.2; Repeals C.C.P. Art. 562)
Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Change that suspended liberative prescription or peremptive periods recommence to run
again during the time specified in the order or proclamation or, if no specified time, from
10 days to 30 days after the executive order or proclamation was issued.
2. Change the amount of time a party shall have to file any pleading affected by the
suspension from 10 days to 30 days after the period of suspension or extension has
expired.
3. Clarify that the governor may issue an executive order or proclamation.