Theresa Fisher v. Steven Harter, Jr.

Summary

The court held that La. R.S. 13:4163 is facially unconstitutional because its mandatory ex parte continuance procedure removes the judiciary's authority to decide whether fixed court dates should be continued or deadlines extended. By requiring courts to grant qualifying legislative continuances without a contradictory hearing, the statute usurps inherent judicial powers and violates separation of powers. The judgment was reversed and the matter remanded for contradictory hearings on all contested continuance motions.