LA · rules
La. Code Crim. Proc. art. 927.1
Abandonment of application
A. After filing an application for post conviction relief, the petitioner is responsible for seeking a ruling on his application and pursuing his claims. Failure to actively seek a ruling on an application for post conviction relief after it has been filed shall constitute abandonment of the application, resulting in the dismissal of the application.
B. An application for post conviction relief shall be deemed to be abandoned when the petitioner fails to file any pleading in furtherance of disposition of the application for a period of two years following the filing of the application, irrespective of the stage of the proceedings.
C. This Article shall be operative without a formal order when an abandonment of an application pursuant to Paragraph B of this Article has occurred. On ex parte motion of the district attorney or the attorney general, accompanied by an affidavit that states that action has not been timely taken, the court shall enter a formal order of dismissal as of the date of the application's abandonment.
D. If the petitioner has a shell petition pending as of July 1, 2025, he shall submit a fully-briefed petition to the court no later than July 1, 2026, unless a shorter period of time has been established by the court. Any application for post conviction relief filed before July 1, 2023, shall be dismissed, set for a hearing, or otherwise adjudicated no later than July 1, 2026, unless the court has good cause to establish a later date, provided however that the claims shall be fully adjudicated no later than January 1, 2027. The district attorney or the attorney general shall have a right to seek mandamus to enforce this Paragraph.
E. For the purposes of this Article, "pleading in furtherance of disposition of the application" means a filing that seeks the trial court's ruling on the merits of the application or a claim asserted therein, such as a motion to set the case on the docket, a motion seeking an order, or an application for writ of mandamus seeking a ruling on the application.
History
Acts 2025, No. 393, §1.
Provenance
- Source
- legis.la.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
22bf4b907f3999883b56c4723ce94fee13703286bbaf384baa6da77abc10791f
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.