RS 9:5830

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RS 9:5830

§5830. Suspension of legal deadlines; extension of legal deadlines; contradictory hearing

A. All deadlines in legal proceedings that were suspended by Proclamation Number JBE 2020-30 and any extensions thereof shall be subject to a limited suspension or extension until July 6, 2020; however, the suspension or extension of these deadlines shall be limited and shall apply only if these deadlines would have otherwise expired during the time period of March 17, 2020, through July 5, 2020. The right to file a pleading or motion to enforce any deadline in legal proceedings which would have expired during the time period of March 17, 2020, through July 5, 2020, shall expire on July 6, 2020.

B. Notwithstanding the provisions of Subsection A of this Section and to the extent that deadlines in legal proceedings were not suspended by Proclamation Number JBE 2020-30 and any extensions thereof, if a deadline in a legal proceeding lapsed during the time period of March 17, 2020, through July 5, 2020, a party shall have the right to seek an extension or suspension of that deadline by contradictory motion or declaratory judgment. The party seeking the extension shall bear the burden of proving that either the party or his attorney was adversely affected by the COVID-19 public health emergency and, but for the adverse effects of the COVID-19 public health emergency, the legal deadline would have been timely met.

For good cause shown, the court shall extend the deadline in the legal proceeding, but in no instance shall the extension be later than September 1, 2020.

C. Notwithstanding Subsections A and B of this Section, legal deadlines related to matters set forth in Louisiana Civil Code Book III, Title IX, Chapters 1 through 5 and Louisiana Code of Civil Procedure Book VII, Title XI, Chapters 1 and 2 shall not be suspended or extended beyond the time period provided for by Proclamation Number JBE 2020-30 and any extensions thereof.

Acts 2020, No. 162, §1, eff. June 9, 2020.

NOTE: See Acts 2020, No. 162, §3, regarding retroactivity of the Act.