HLS 12RS-367 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. 461
BY REPRESENTATIVE ABRAMSON
CIVIL/JURY TRIALS: Provides relative to jury trials
AN ACT1
To enact Code of Civil Procedure Article 1732.1, relative to jury trials; to provide for access2
to jury trials under certain circumstances; to provide an exception to the limitations3
on jury trials; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 1732.1 is hereby enacted to read as6
follows: 7
Art. 1732.1. Jury trials; exception to the monetary limitation on jury trials8
If an action originally brought in district court is precluded from a jury trial9
based solely on the limitation provided by Subparagraph(1) of Article 1732, and such10
suit is subject to the concurrent jurisdiction of a city, parish, or justice of the peace11
court, then the suit shall be triable by jury in district court if so requested by a12
defendant.13
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. 461
Abstract: Provides that, notwithstanding the $50,000 limitation on jury trials, a jury trial
shall be available in an action originally filed in district court if the suit could have
otherwise been brought in a court of limited jurisdiction. HLS 12RS-367 ORIGINAL
HB NO. 461
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides, in part, 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 retains present law but provides that if an action originally brought in district
court is precluded from a jury trial based solely on present law $50,000 limitation, and the
suit is subject to the concurrent jurisdiction of a city, parish, or justice of the peace court,
then the suit shall be triable by jury in district court if so requested by a defendant.
(Adds C.C.P. Art. 1732.1)