Rule 1.5 Computation of Time
Title I: Rules for Proceedings in District Courts, Family Courts, and Juvenile Courts | Chapter 1: Construction, Application, and Amendment
Rule Text
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).
Amendment history: Adopted June 2, 2003, effective July 1, 2003; amended November 20, 2009, effective January 1, 2010; amended October 7, 2015, effective January 1, 2016.