House Bill No. 544, introduced by Representative Jordan, amends and reenacts several provisions of Louisiana's civil procedure law regarding legislative continuances and extensions of time in court proceedings. The bill allows members of the legislature and legislative employees to seek continuances or extensions for criminal, civil, or administrative cases when their presence is required due to legislative duties. Notably, the bill changes the language to indicate that such continuances "may" be sought by written motion rather than "shall," and it expands the grounds for seeking these continuances to include activities for which legislators are eligible to receive a per diem. Additionally, the bill mandates that courts take judicial notice whenever the legislature or a legislative committee convenes, requiring attendance from members or employees.

The bill also addresses the costs associated with filing motions for continuance or extension, stating that these motions can be filed at no cost to the member or employee. If a motion is opposed, the court may award attorney fees and costs to the member or employee. Furthermore, the bill clarifies that any actions taken against individuals who file for continuance or extension due to misapplication of the law will be considered null and void. Importantly, the bill specifies that the filing of a motion for legislative continuance will not interrupt the prescription period for legal actions. Overall, the proposed changes aim to streamline the process for legislative members and employees involved in court proceedings while ensuring their legislative duties are respected.

Statutes affected:
HB544 Original: 13:4163(B)
HB544 Engrossed: 13:4163(B)
HB544 Reengrossed: 13:4163(A)(1)