Judges: JAMES D. \"BUDDY\" CALDWELL, Attorney General
Filed Date: 10/15/2009
Status: Precedential
Modified Date: 7/5/2016
Dear Judge Broussard:
You have requested an opinion of this office regarding whether the day of service of a rule to show cause for an eviction proceeding is counted when calculating the delays for the trial of the rule pursuant to Louisiana Code of Civil Procedure article
The delay for the trial of a rule for an eviction is three days after service of the rule on the tenant:
Art.
4732 . Trial of rule; judgment of evictionA. The court shall make the rule returnable not earlier than the third day after service thereof, at which time the court shall try the rule and hear any defense which is made.
La.C.C.P. art.
Furthermore, Article
Art.
5059 . Computation of timeIn computing a period of time allowed or prescribed by law or by order of court, the date of the act, event, or default after which the period begins to run is not to be included. The last day of the period is to be included, unless it is a legal holiday, in which event the period runs until the end of the next day which is not a legal holiday.
A half-holiday is considered as a legal holiday. A legal holiday is to be included in the computation of a period of time allowed or prescribed, except when:
(1) It is expressly excluded;
(2) It would otherwise be the last day of the period; or
(3) The period is less than seven days.
La.C.C.P. art.
Accordingly, when a statute specifies a time period to begin "after" a certain event, the date of that event is not included in the time computation. La.C.C.P. art.
We note that the second sentence of Article
We trust that this opinion adequately responds to your request, and thank you for the opportunity to be of service. If you have any questions or comments, please do not hesitate to contact our office.
Sincerely yours,
JAMES D. "BUDDY" CALDWELL ATTORNEY GENERAL
BY:__________________________ Charles W. Belsom, Jr. Assistant Attorney General
JDC:CWB:Irs