Provides for a legal holiday in the accrual of prescription. (8/1/25)
This amendment to Civil Code Article 3454 aims to create clarity in the calculation of prescriptive periods, particularly for individuals and entities involved in legal proceedings. By ensuring that holidays are accounted for correctly, the bill seeks to prevent unfair situations where individuals might be penalized for not initiating actions within a strictly computed timeframe that inadvertently includes legal holidays.
Senate Bill 114 proposes an amendment to the Louisiana Civil Code specifically addressing the accrual of prescription. The bill establishes that the time needed for a prescriptive period does not include the initial day of commencement and clarifies that if the last day of the prescriptive period falls on a weekend or a legal holiday, the prescriptive period extends to the next business day that is not a holiday. The effective date of this change is set for August 1, 2025.
The sentiment surrounding SB 114 appears to be generally supportive, with stakeholders appreciating the intention to streamline legal proceedings and enhance fairness in the application of prescription laws. Legal experts and practitioners are likely to endorse this clarification, as it reduces ambiguity in legal interpretations related to prescriptive periods.
While the bill has faced minimal public opposition, some concerns may arise about the overarching implications of defining legal holidays in the context of legal procedures. Critics might argue that the adjustment could complicate existing laws and lead to discrepancies in how other related legal matters are treated. Nonetheless, the overall reception of the bill seems to focus on the benefits of improving legal clarity and procedural fairness.