HLS 12RS-993 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 343
BY REPRESENTATIVE LIGI AND SENATOR APPEL
CIVIL/JURY TRIALS: Provides with respect to the availability of jury trials in certain civil
matters
AN ACT1
To amend and reenact Code of Civil Procedure Article 1732, relative to limitation on jury2
trials; to provide relative to the amount in controversy required for a jury trial; and3
to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure 1732 is hereby amended and reenacted to read6
as follows: 7
Art. 1732. Limitation upon jury trials8
A trial by jury shall not be available in:9
(1) A suit brought pursuant to the provisions of Chapter 3 of Title V of Book10
III of the Civil Code, where the amount of no individual petitioner's cause of action11
exceeds five thousand dollars exclusive of interest and costs.12
(1) (2) A suit, other than one brought pursuant to Chapter 3 of Title V of13
Book III of the Civil Code, where the amount of no individual petitioner's cause of14
action exceeds fifty thousand dollars exclusive of interest and costs.15
(2)(3) A suit on an unconditional obligation to pay a specific sum of money,16
unless the defense thereto is forgery, fraud, error, want, or failure of consideration.17
(3)(4) A summary, executory, probate, partition, mandamus, habeas corpus,18
quo warranto, injunction, concursus, workers' compensation, emancipation,19 HLS 12RS-993 ORIGINAL
HB NO. 343
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce1
proceeding.2
(4)(5) A proceeding to determine custody, visitation, alimony, or child3
support.4
(5)(6) A proceeding to review an action by an administrative or municipal5
body.6
(6)(7) All cases where a jury trial is specifically denied by law.7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ligi HB No. 343
Abstract: Provides for access to jury trials for tort suits where the cause of action amounts
to greater than $5,000.
Present law prohibits certain suits from being tried before a jury, including suits where no
individual petitioner's cause of action exceeds $50,000.
Proposed law retains present law and provides for tort suits, which have a cause of action
amounting to greater than $5,000, to be tried before a jury.
(Amends C.C.P. Art. 1732)