La. R. Dist. Ct. 1.5

As amended through May 1, 2024

Rule 1.5 - Computation of Time

The following rules apply in computing any period of time specified in these Rules provided they do not conflict with legislation:

(a) Exclude the day of the act, event, or default that begins the period.

(b) Exclude intermediate legal holidays when the period is fewer than seven days, unless the period is stated in calendar days.

(c) Include the last day of the period, unless the last day is a legal holiday, in which case the period runs until the end of the next day that is not a legal holiday. See La. Code Civ. Proc. art. 966, as amended by House Bill No. 696 of the Louisiana Legislature's 2015 Regular Session, which shall govern the computing times on motions for summary judgment effective January 1, 2016. For example:

(i) When a rule requires an act be done ten days before an event, and the tenth day falls on a Sunday, the act shall be done no later than the preceding Friday (assuming Friday is not a legal holiday). This does not apply to motions for summary judgment - see La. Code Civ. Proc. art. 966.

(ii) When a rule requires an act be done ten days after an event, and the tenth day falls on a Sunday, the act shall be done no later than the following Monday (assuming Monday is not a legal holiday).

La. Dist. Ct. 1.5

Adopted June 2, 2003, effective 7/1/2003; amended November 20, 2009, effective 1/1/2010; amended October 7, 2015, effective 1/1/2016.

Comment

(a) For determination of whether a day is a legal holiday, refer to La. Code Civ. Proc. art. 5059 and La. R.S. 1:55.

(b) Computation example for cases in which a rule requires an act be done after an event: Rule 17.5 requires "notice of judgment" be sent to the judge, the clerk and the parties "within 15 days after rendition of the judgment." The district court rendered judgment on the appeal on Tuesday, December 10, 2002. The deadline for sending the notice of judgment is Thursday, December 26, 2002 because Wednesday, December 25 is a legal holiday.

(c) Computation example for cases in which a rule requires an act be done before an event: Rule 9.9(b) requires any opposition memorandum be filed "at least eight calendar days before the scheduled hearing." You wish to oppose an exception or motion that is set for hearing on Monday, December 16, 2002. The deadline for filing and serving an opposition memorandum is Friday, December 6, 2002 because the filing and serving deadline is Sunday, December 8, 2002, which is a legal holiday."

(d) This Rule governs only the computation of time under these rules. This Rule is not intended to apply to computation of time under any legislation or any other law.