La. Code Crim. Proc. art. 930.11 — LA Code / Code code-of-criminal-procedure / Article 930.11
Time delays applicable to this Title; writ of mandamus
Status: in_force

A. The court of appropriate jurisdiction shall adhere to the following time periods in post conviction proceedings:

(1) The court shall conduct the preliminary review provided in Article 927 within thirty days of the filing of application.

(2) When ruling on procedural objections that have been filed pursuant to Article 927, the court shall issue its ruling within thirty days of receipt of such objections.

(3) If the court determines that no evidentiary hearing is necessary, it shall issue its ruling on the merits of any remaining claim alleged in the application within thirty days of the state's answer on the merits.

(4) When the court determines that there are questions of fact which cannot properly be resolved pursuant to Article 929, it shall conduct an evidentiary hearing provided in Article 930 within one hundred eighty days of such determination and issue a ruling on the merits of any remaining claim within thirty days following the conclusion of such hearing.

B. The district attorney and the attorney general shall adhere to the following time periods in post conviction proceedings:

(1) The district attorney shall have sixty days to file procedural objections pursuant to Article 927.

(2) If an answer is required, the district attorney shall have sixty days from the court's ruling on procedural objections to file an answer on the merits pursuant to Article 927.

(3) The attorney general shall have thirty days to file procedural objections pursuant to Article 927 if the district attorney waives such objections.

C. A petitioner who has been sentenced to death shall only seek supervisory review directly from the Louisiana Supreme Court.

D. If a petitioner invokes the supervisory jurisdiction of the Louisiana Supreme Court, the supreme court shall rule on an application for a writ of review within one hundred eighty days of receipt. If there is an active death warrant, the court shall issue a ruling prior to the effective date of that warrant.

E. The state or petitioner shall have the right to seek a writ of mandamus to compel a court to issue a requested ruling within a specified period not to exceed thirty days if that court has not issued a ruling within the deadlines provided in this Title. The reviewing court may order the lower court to submit a per curiam opinion to the reviewing court with an explanation regarding why the lower court has not issued a ruling within the deadlines provided in this Title.

F.(1) Upon the motion of either party, any deadline set forth in this Title, except for the deadline for filing applications for post-conviction relief set forth in Article 930.8, may be extended by the court subject to the requirements of this Article.

(2) Any motion for an extension of time filed by either party shall be filed not later than seven days prior to the deadline sought to be extended and shall be served on all parties and the court by any method allowed by law.

(3) Any motion for an extension of time granted by the court pursuant to this Article shall not exceed sixty days in length, and in no case shall either party be allowed more than three extensions of time.

(4) Each party's first motion for an extension of time may be granted by the court without a contradictory hearing.

(5) After a party's first motion for an extension of time has been granted, any subsequent motion for an additional extension of time by the same mover shall require a contradictory hearing. Following the contradictory hearing, the court may only grant the motion upon a showing by the mover that extraordinary circumstances outside of the control of the moving party exist that necessitate the requested extension of time.

Acts 2025, No. 393, §1.