Governor Extends Order for Emergency Suspension of Prescription, Preemption and Other Legal Deadlines

On September 23, 2005, Governor Blanco issued Executive Order NO. KBB 2005-48- which grants an extension of Executive Order NO. KBB 2005-32 for the emergency suspension of prescription, preemption and other legal deadlines. The text of the order is as follows:


EXECUTIVE DEPARTMENT

EXECUTIVE ORDER NO. KBB 2005 - 48

___________________________________________________________________________________________

EXTENSION OF EXECUTIVE ORDER NO. KBB 2005 - 32

EMERGENCY SUSPENSION OF PRESCRIPTION, PEREMPTION AND OTHER LEGAL DEADLINES

___________________________________________________________________________________________

WHEREAS, Executive Order No. KBB 2005-32, issued on September 6, 2005, suspended all deadlines applicable to legal proceedings, including prescription and peremption, in all Louisiana state courts, administrative agencies and boards;

WHEREAS, Executive Order No. KBB 2005-32 is in effect until September 25, 2005; and

WHEREAS, the Louisiana State Bar Association, the Louisiana Trial Lawyers Association, and the Louisiana Association of Defense Counsel jointly requested that Executive Order No. 2005 - 32 be extended for an additional thirty (30) days;

NOW THEREFORE I, KATHLEEN BABINEAUX BLANCO, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: Section 1 of Executive Order No. KBB 2005-32, issued on September 6, 2005, is amended as follows:


A. All deadlines in legal proceedings, including liberative prescriptive and peremptive periods in all courts, administrative agencies, and boards are hereby suspended until at least October 25, 2005, including, but not limited to, non-constitutionally mandated deadlines in criminal proceedings and any such deadlines set for in the following:
1. Louisiana Civil Code;


2. Louisiana Code of Civil Procedure;

3. R.S. Title 9, Civil Code Ancillaries;

4. La. R.S. Title 13, Courts and Judicial Procedure;

5. La. R.S. Title 23, Chapter 10, Worker=s Compensation;

6. La. R.S. Title 40, Chapter 5 Part XXI-A, Malpractice Liability for State Services; and

7. La. R.S. Title 40, Chapter 5, Part XXIII, Medical Malpractice.

B. The suspension of laws as provided in Subsection 1(A) of this Executive Order shall apply statewide and in all matters, except to the extent that the suspension of deadlines in legal proceedings may hereafter be shortened or lifted, in whole or in part, by an order issued by the Louisiana Supreme Court acting in accordance with the power vested pursuant to Article V of the Constitution.


SECTION 2: This Order is effective upon signature and shall remain in effect until Tuesday, October 25, 2005, unless amended, modified, terminated, or rescinded by the governor, or terminated by operation of law prior to such time.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 23rd day of September, 2005.

/S/ Kathleen Babineaux Blanco

GOVERNOR OF LOUISIANA

ATTEST BY

THE GOVERNOR

/S/ Al Ater

SECRETARY OF STATE