SLS 24RS-258 ORIGINAL
2024 Regular Session
SENATE BILL NO. 185
BY SENATOR SEABAUGH
CIVIL PROCEDURE. Provides for legislative continuances or extensions. (8/1/24)
1 AN ACT
2 To amend and reenact R.S. 13:4163(C)(1) and (D)(2) and to enact R.S. 13:4163(E)(2)(c),
3 relative to civil procedure; to provide with respect to legislative continuances and
4 extensions; to provide with respect to continuance and extension of deadlines; to
5 provide with respect for time delays; to provide with respect to opposition to a
6 motion for continuance or extension; to provide for attorney fees and court costs; and
7 to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 13:4163(C)(1) and (D)(2) are hereby amended and reenacted and R.S.
10 13:4163(E)(2)(c) is hereby enacted to read as follows:
11 ยง4163. Ex parte motion for legislative continuance or extension of time, legislators
12 or employees engaged in legislative or constitutional convention
13 activities
14 * * *
15 C.(1) Such peremptory grounds are available for the continuance of any type
16 of proceeding and the extension of any type of deadline or legal delay pertaining to
17 a criminal case, civil case, or administrative proceeding, if the presence,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 185
SLS 24RS-258 ORIGINAL
1 participation, or involvement of a member or employee is required in any capacity,
2 including any pretrial or post-trial legal proceeding, during:
3 * * *
4 D. * * *
5 (2)(a) A motion for legislative continuance or extension shall be filed at no
6 cost to a member, employee, or a client of a member or employee.
7 (b) If a party or attorney opposes a motion for continuance or extension
8 of a deadline pursuant to this Section, upon motion of any party or the court
9 upon its own motion, shall award attorney fees and court costs payable to the
10 client of the member or employee by the party or attorney who opposes such
11 motion.
12 E. * * *
13 (2) * * *
14 (c) If a legal deadline has run, a motion for continuance or extension of
15 a legal deadline shall be considered timely if filed within five days prior to a
16 hearing or proceeding on a motion for sanctions or penalties brought by a party
17 or attorney due to the failure of the member or employee to comply with the
18 legal deadline.
19 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 185 Original 2024 Regular Session Seabaugh
Present law (R.S. 13:4163(C)) provides that the peremptory grounds for the continuance or
extension are available to and for the benefit of a legislative member or employee for
continuance of any type of proceeding and for the extension of any type of deadline
pertaining to a criminal case, civil case, or administrative proceeding.
Proposed law retains present law and adds that the peremptory grounds are available for any
type of legal delay.
Present law (R.S. 13:4163(D)) provides that a motion for legislative continuance or
extension shall be filed at no cost to the member, employee, or client of a member or
employee.
Proposed law retains present law but deletes "legislative."
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 185
SLS 24RS-258 ORIGINAL
Proposed law provides that if a motion for continuance or extension pursuant to present law
of a deadline is opposed, then the court shall award attorney fees and court costs payable to
the client of the member or employee payable by the party or attorney who opposed the
motion for legislative continuance or extension.
Present law (R.S. 13:4163(E)) provides the deadlines within which the court or agency shall
grant the continuance or extension ex parte.
Proposed law retains present law and provides that if a legal deadline has run, a motion to
continue or extend a legal deadline shall be timely if filed within five days prior to a hearing
or proceeding on a motion for sanctions or penalties.
Effective August 1, 2024.
(Amends R.S. 13:4163(C)(1) and (D)(2); adds R.S. 13:4163(E)(2)(c))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.