Louisiana 2012 2012 Regular Session

Louisiana House Bill HB437 Introduced / Bill

                    HLS 12RS-345	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. 437
BY REPRESENTATIVE ABRAMSON
CIVIL/JURY TRIALS:  Provides with respect to civil jury trials
AN ACT1
To amend and reenact Code of Civil Procedure Article 1732(1), relative to civil jury trials;2
to authorize retention of the right to a jury trial in certain cases; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 1732(1) is hereby amended and reenacted6
to read as follows: 7
Art. 1732.  Limitation upon jury trials8
A trial by jury shall not be available in:9
(1)  A suit where the amount of no individual petitioner's cause of action10
exceeds fifty thousand dollars exclusive of interest and costs.  If a defendant is11
entitled to trial by jury pursuant to this Article at the time of filing suit and has12
otherwise complied with the procedural requirements for asserting that right, that13
defendant may retain the right to a trial by jury even if the plaintiff later stipulates14
or otherwise admits that the amount of the cause of action does not exceed fifty15
thousand dollars exclusive of interest and costs.16
*          *          *17 HLS 12RS-345	ORIGINAL
HB NO. 437
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Abramson	HB No. 437
Abstract: Authorizes the retention of a civil jury trial in certain cases even if the amount
in dispute does not exceed $50,000.
Present law provides that a trial by jury shall not be available in a suit where the amount of
no individual petitioner's cause of action exceeds $50,000 exclusive of interest and costs.
Proposed law provides that if a defendant is entitled to trial by jury pursuant to present law
at the time of filing suit and has otherwise complied with the procedural requirements for
asserting that right, that defendant may retain the right to a trial by jury even if the plaintiff
later stipulates or otherwise admits that the amount of the cause of action does not exceed
$50,000 exclusive of interest and costs.
(Amends C.C.P. Art.  1732(1))