An inquiring legal mind has questions about Governor Blanco’s post-Katrina Executive Order that deals with suspension of peremptive periods (sort of like ‘statutes of limitations’ in common law worlds). It was sent to me by email. I’m posting the question because it addresses an important legal question. And I think we could all benefit from some open dialogue on this; so all you Louisiana legal eagles feel free to chime in with some analysis.
In reading Executive Order KBB 05-67, it seems to suggest that we have until at least Friday, November 25, 2005 until the peremptive periods are effective again. What I’m trying to figure out is: Does this mean that any peremptive periods that would have expired during the suspension period expires on the 25th, or does the clock just begin to run again on that day?
E.g., if I have a lien that otherwise would have needed to be filed by Nov. 18, do I have to file on Nov. 25, or do I start counting my preemptive period (e.g., 60 days) from Nov. 25. Here’s my quick analysis thus far: The original order was issued on Sept. 6 and was extended on Sept. 29. The second order was extended again on Oct. 19 to the current date of November 25, 2005. I am looking at the Code and have found that under Art. 3459, the provisions on computation of prescriptive periods applies to peremption as well. Under Article 3472, the effect of a "suspension" of prescription is that the period during the suspension is not counted, and the time commences again upon termination.
I interpret this to mean that the peremptive period for filing a lien did not run between Sept. 6 and November 25. However, under Art. 3461, "Peremption may not be renounced, interrupted, or suspended." I am assuming that the article is not applicable to an executive order by a governor, but I don’t know how it will affect the computation of time issue. I think the preemptive period starts a new on Nov. 25. In any event, HB90 re: Suspension of Prescription appears likely to pass, and may render this discussion moot.
So what do you all think? Leave a comment here and let’s figure it out together.