CIVIL PROCEDURE: Provides for legislative continuances and extensions of time for legislators and legislative employees. (gov sig)

Legislators and staff gain court delay rights

Louisiana legislators and covered legislative staff gain a fast process to delay criminal, civil, or administrative proceedings or extend deadlines. They must be a party or a party’s attorney, and their participation must be required. Covered staff include the House clerk, Senate secretary, and full-time House, Senate, or Legislative Bureau employees employed during the session or when requesting the delay. The special filing window runs from 21 days before a legislative session or constitutional convention through 30 days after final adjournment. Motions generally must be filed at least five days before the proceeding or deadline. Employees need an affidavit from the presiding officer or clerk confirming actual attendance and active participation; legislators do not. Properly filed motions are presumed valid, and courts must rule within 72 hours. Approval delays the proceeding or deadline until at least 45 days after final adjournment. Opponents must provide clear and convincing evidence of an improper purpose, such as harassment or needless delay. Alternatively, they must show that granting the delay defeats substantial existing rights or interests and causes substantial, immediate, irreparable harm. Courts must also consider harm from forcing the moving party to find new counsel without enough time. Courts can grant requests without a hearing; opposition hearings must occur within 48 hours and can be remote. Denials require written reasons. A denial or failure to act within 72 hours allows free review directly by the Louisiana Supreme Court or appeal to the Court of Appeal. Review starts fresh, without deference to the lower court. A Supreme Court ruling upholding denial can trigger discipline or referral for a legislator. Electronic filing and service are allowed; service is complete upon transmission unless delivery fails. Legislator-attorneys must also send their motion to the Supreme Court’s Judicial Administrator when filing. Courts can grant delays for good cause outside the special window, including necessary official legislative work. Child custody, domestic violence firearm-transfer proceedings, and specified protective-order, injunction, habeas, criminal-disposition, sentencing, victim-contact, and parole matters are excluded. Separate constitutional protection bars proceedings in a legislator’s absence on days the legislator is ordered to attend a session; violations are legally void. The law applies retroactively and prospectively to actions filed or pending on or after October 25, 2024.