RS 13:4163

§4163. Motion for legislative continuance or extension of time; legislators or employees engaged in legislative or constitutional convention activities A.(1)(a) A member of the legislature or legislative employee shall be entitled to peremptory grounds for a continuance of any court or administrative proceeding or the extension of any legal delay or deadline, excluding civil prescriptive or peremptive periods, criminal statutes of limitations, and criminal cases where the death penalty is sought, if the presence, participation, or involvement of a member of the legislature or legislative employee, who is a party or an attorney for a party, is required in any criminal or civil case or administrative proceeding, including any pretrial or post-trial proceeding, during any legislative session or constitutional convention. (b) For purposes of this Section, "legislative employee" means the clerk of the House of Representatives, the secretary of the Senate, and an employee of the House of Representatives, the Senate, or the Legislative Bureau, when such person is employed full-time during the legislative session or during any other time in which the continuance or extension is being sought. (c) Peremptory grounds are available any time between twenty-one days before the convening of any session of the legislature or constitutional convention and thirty days after the adjournment sine die of any session of the legislature or constitutional convention. (2)(a) The motion for continuance shall be filed no later than five days prior to the proceeding to be continued, or no later than five days prior to the expiration of the deadline to be extended, at no cost and shall be accompanied by an affidavit, executed by the presiding officer or the clerk or secretary of the respective house, that the legislative employee will be or is in actual attendance of a session of the legislature or constitutional convention and that it is the legislative employee's intention to participate actively in the preparation or presentation of the case. (b) A member of the legislature shall not be required to submit an affidavit as required by Subparagraph (a) of this Paragraph. (3)(a) The motion for continuance may be filed by electronic means such as facsimile transmission or electronic mail, or by other electronic means in accordance with Code of Civil Procedure Article 253 if the member of the legislature or legislative employee seeking the continuance provides all enrolled counsel or parties with a copy of the motion prior to or simultaneously with the transmission of the motion to the clerk of court. (b) Every motion for a legislative continuance or extension shall be served by transmitting a copy by electronic means to counsel of record, or if there is no counsel of record, to the adverse party, at the number or address expressly designated in a pleading or other writing for receipt of electronic service. Service by electronic means is complete upon transmission but is not effective and shall not be certified if the serving party learns the transmission did not reach the party to be served. B.(1) There shall be a presumption that a motion for continuance filed within the period specified in Paragraph (A)(2) of this Section by the member of the legislature or legislative employee is proper and shall be granted within seventy-two hours of the filing of the motion. The motion shall be granted for a period of not less than forty-five days from the date of adjournment sine die of any session of the legislature or constitutional convention. (2) The presumption may be overcome by clear and convincing evidence under either of the following circumstances: (a) The motion is being presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. A showing that the continuance shall cause a delay or increase the cost of litigation shall not be sufficient grounds to overcome the presumption of granting the continuance. (b) The objecting party has a substantial existing right or interest that will be defeated or abridged and will suffer substantial and immediate irreparable harm if the requested continuance is granted. Notwithstanding the provisions of this Paragraph, the court shall also consider any potential substantial and immediate irreparable harm to the party requesting the continuance which may result from requiring the party requesting the continuance to obtain new counsel with insufficient time to prepare. C. The court may grant the motion ex parte or grant a hearing on a motion in opposition to the continuance or extension. If the court grants a hearing, it shall be conducted by telephone, or other electronic means, within forty-eight hours of the filing of the motion in opposition or extension. D. A court denying a properly filed motion for a legislative continuance shall issue contemporaneous written reasons for the denial that shall include an analysis of Subparagraph (B)(2)(a) or (b) of this Section as applied to the specific facts of the case. E.(1) A member of the legislature or legislative employee who has filed a motion for legislative continuance that has been denied or which has not been granted within seventy-two hours may apply directly to the supreme court for supervisory writs at no cost to review the action or inaction of the court where the motion was filed, or may file an appeal at no cost with the court of appeal with jurisdiction as provided in Paragraph (2) of this Subsection. (2) If a motion filed pursuant to this Section is denied or not acted upon within the requisite deadline, then such denial shall be an appealable order filed at no cost. The order of appeal shall be signed within twenty-four hours of being filed, and the provisions of Code of Civil Procedure Article 2088 shall attach. (3) Upon appeal, the reviewing court shall consider de novo any denial or failure to act on a motion for legislative continuance or extension of proceeding. (4) If the supreme court affirms the lower court's denial of a motion for a legislative continuance or extension based on the objecting party's overcoming the presumption pursuant to Paragraph (B)(2) of this Section, the supreme court may exercise its jurisdiction of disciplinary proceedings against the member of the legislature or legislative employee whose motion was denied or refer the matter to the office of disciplinary counsel. F. Notwithstanding the provisions of this Section, if any part of the proceedings occurs on a day that a member of the legislature has been ordered by a majority vote of the elected members of each house of the legislature to attend a session day during which that house is in session, then the provisions of Article III, Section 10 of the Constitution of Louisiana shall be given effect and no legal proceedings may be conducted in the member's absence on such day. If any part of the proceeding occurs in violation of this Subsection, it shall be deemed an absolute nullity. G.(1) For good cause shown, the court may consider a motion for legislative continuance or extension at any time prior to the hearing or proceeding. (2) If seeking a continuance of a court proceeding or extension of any type of deadline occurring outside the time frame of a legislative session or constitutional convention, a member of the legislature or legislative employee who is a party or an attorney for a party to an action may obtain a legislative continuance upon a showing of good cause. A showing, accompanied by an affidavit, that the member or employee is required to attend an interim committee hearing or other official legislative function and that the presence of the member or employee in court is necessary and essential to a fair and proper trial or other proceeding in the suit may be considered good cause. H. If the attorney for a party seeking a continuance under this Section is a member of the legislature, the attorney shall also serve a copy of the motion for a legislative continuance or extension with the judicial administrator for the Louisiana Supreme Court. The copy of the motion shall be sent to the Louisiana Supreme Court contemporaneously when the attorney files the motion for legislative continuance or extension with the court. I. The provisions of this Section shall not apply to proceedings wherein a temporary restraining order, protective order, preliminary injunction, permanent injunction, court-approved consent agreement resulting from an action brought, or order issued pursuant to any of the following: (1) R.S. 46:2131 et seq., R.S. 46:2151 et seq., R.S. 46:2171 et seq., R.S. 46:2181 et seq., R.S. 9:361 et seq., R.S. 9:372, Children's Code Article 1564 et seq., Code of Civil Procedure Articles 3604 and 3607.1, or peace bonds pursuant to Code of Criminal Procedure Article 30(B). (2) Code of Criminal Procedure, including Article 871.1, regarding the disposition and sentence of a criminal matter. (3) R.S. 46:1846 to prohibit communications between offenders and victims following a charge or after sentencing for any crime of violence. (4) R.S. 15:574.4.2(A)(5) as condition of a parole release that requires that the parolee stay away from any specific person. J. The provisions of this Section shall not apply to child custody proceedings or proceedings pursuant to the Domestic Violence Prevention Firearm Transfer Act, Code of Criminal Procedure Article 1001 et seq. K. The provisions of this Section shall not apply to proceedings for writs of habeas corpus for the determination and enforcement of rights to the custody of a minor or for the release of a person in custody in which the family court has original jurisdiction. Acts 1962, No. 78, §1; Acts 1966, No. 186, §2; Acts 1970, No. 681, §1; Acts 1981, No. 332, §1; Acts 1985, No. 276, §1, eff. July 6, 1985; Acts 1990, No. 71, §1, eff. June 27, 1990; Acts 1992, No. 408, §1; Acts 2004, No. 873, §1; Acts 2006, No. 690, §2, eff. June 29, 2006; Acts 2008, No. 865, §1; Acts 2016, No. 101, §1; Acts 2017, No. 363, §1, eff. June 23, 2017; Acts 2018, No. 180, §1; Acts 2024, 3rd Ex. Sess., No. 19, §1, eff Dec. 12, 2024; Acts 2025, No. 101, §1.