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Sher Garner COVID Legal Resource Group Alert

Sher Garner Cahill Richter Klein & Hilbert, L.L.C., COVID-19 Legal Resource Group – Alert 1

March 17, 2020 Update

Several deadlines have been suspended or extended as a result of the Coronavirus (COVID-19) pandemic, including Louisiana legal deadlines and other important national deadlines.

On March 16, 2020, Louisiana Governor John Bel Edwards issued Proclamation Number JBE 2020-30 (Proclamation) establishing additional measures to address the COVID-19 pandemic. The Proclamation, effective Tuesday, March 17, 2020 to Monday, April 13, 2020, suspends legal deadlines, including, without limitation, liberative prescription and preemptive periods (i.e., statute of limitations), in “all courts, administrative agencies, and boards.” The Proclamation applies to “any such deadlines set forth by law” contained within the Louisiana Civil Code, the Louisiana Code of Civil Procedure, the Louisiana Code of Criminal Procedure, and the Louisiana Children’s Code, in addition to Titles 9, 13, 14, 15, 18, 23, 32, 40, 47, 49, and 56 of the Louisiana Revised Statutes. The Proclamation also contains a “catch-all” provision suspending “all other deadlines in legal proceedings in all courts, administrative agencies, and boards” until Monday, April 13, 2020. These deadlines apply to “all courts” in Louisiana, including state district courts, state appellate courts, and courts of limited jurisdiction in Louisiana, including justice of the peace courts, parish courts, and city courts. The extension of liberative prescription and preemptive periods would likely apply equally to diversity cases filed in federal court pursuant to 28 U.S.C. § 1332, but most federal district courts have issued their own set of guidelines to address pending case deadlines due to the COVID-19 pandemic.

The Proclamation also contains other safety measures that the State of Louisiana has issued to combat the spread of COVID-19. You may read the Proclamation by clicking on this link to the Office of the Governor for the State of Louisiana’s website.

Additionally, 2019 federal income tax payments up to $1 million for individuals and $10 million for corporations can be deferred for 90 days according to an announcement by the United States Treasury Secretary, Steven Mnuchin, on March 17, 2020. Thus far, this deadline only extends federal tax payments, not the filing of tax returns or extensions. Aside from the general Proclamation, which includes an extension of deadlines in Title 47 of the Louisiana Revised Statutes, Revenue and Taxation, the state of Louisiana has not yet made any specific announcement regarding any extension of state tax deadlines.

Please contact us with your questions or concerns.