RÉSUMÉ DIGEST
ACT 469 (HB 389) 2022 Regular Session Pressly
Existing 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.
Existing law (C.C. Art. 3458) provides that peremption is a period of time fixed by law for
the existence of a right. Existing law provides that unless timely exercised, the right is
extinguished upon the expiration of the peremptive period.
Existing law (C.C. Art. 3467) provides that prescription runs against all persons unless
legislation establishes an exception.
Existing law (C.C. Art. 3461) provides that peremption may not be renounced, interrupted,
or suspended.
New law changes existing law and adds that the law may provide exceptions to existing law.
Existing 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 existing 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).
Existing 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.
Existing law provides for continuing suspensions as deemed necessary and appropriate.
Existing 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. Existing law
provides that the right to file any pleading subject to the suspension as provided in existing
law shall terminate 60 days after the suspension terminates.
New law changes existing 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.
New 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 existing
law (C.C. Art. 3472).
Existing law (C.C. Art. 3472) provides that a period of suspension is not counted toward the
accrual of prescription. Existing law provides that prescription commences to run again
upon the termination of the period of suspension.
New law (C.C.P. Art. 196.2) provides that when the governor declares a state of emergency
or disaster pursuant to existing 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.
Existing 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 for the period
provided in the rules of the appellate court.
New 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 accrued 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. New law
provides that if no amount of time is specified, the parties shall have 30 days after the period
has expired.
Prior law (C.C.P. Art. 562) provided that when the governor declared a state of emergency
or disaster pursuant to prior law (R.S. 29:721-775), the supreme court was authorized to
suspend the period of abandonment for a period of time not to exceed 90 days. Prior law
provided for continuing suspensions.
Prior law provided that the suspension period would terminate upon the earlier of a supreme
court order or termination of the declared state of emergency or disaster. Prior law provided
that the right to file any pleading subject to the suspension as provided in prior law
terminated 60 days after the suspension terminated.
New law repeals prior law.
Effective August 1, 2022.
(Amends C.C. Arts. 3461 and 3472.1; Adds C.C.P. Art. 196.2; Repeals C.C.P. Art. 562)