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In effect, the 90-day rule is not a strict 90 days but a practical deadline at the end of the month in which the 90th day falls. Third, judges have the ability to vacate submission and resubmit cases-thereby restarting the 90-day period. 5 That means judges have the power to grant themselves an extension.
701. Right to a speedy trial. A. The state and the defendant have the right to a speedy trial.
The filing party must request service of the citation on all named defendants within ninety (90) days of the date of filing commencing the case. The Court counts 90 calendar days beginning on the day after the date of the filing of the petition for divorce. This count includes Saturdays and Sundays.
The general time limits are: six years for felonies that are punished by "imprisonment at hard labor" (meaning a state prison sentence) four years for felonies not necessarily punished by imprisonment at hard labor (meaning they carry a sentence of state prison or parish jail)
Louisiana. New Orleans is often accused of institutionalized "misdemeanor murder." Article 701 of the criminal code requires the state to release a defendant who has not been charged with a crime after 60 days. Before Hurricane Katrina a few hundred people per year were released under article 701.
What is a motion in limine Louisiana? A motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.
(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.