Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB349 Introduced / Bill

                    SLS 12RS-704	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 349
BY SENATOR MURRAY 
CIVIL PROCEDURE. Provides relative to monetary threshold necessary to request a jury
trial. (gov sig)
AN ACT1
To amend and reenact Code of Civil Procedure Art. 1732(1), relative to limitation on jury2
trial; to provide relative to the monetary threshold necessary to request a jury trial;3
to provide for an effective date; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Art. 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 exceeds that amount11
equal to an amount in controversy as set forth in 28 U.S.C. 1332(a) concerning12
diversity jurisdiction in federal civil cases, exclusive of interest and costs.13
*          *          *14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17 SB NO. 349
SLS 12RS-704	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Present law provides that a trial by jury shall not be available in suits where the amount of
no individual's cause of action exceeds $50,000 exclusive of interest and costs.
Proposed law provides that a trial by jury shall not be available in suits where the amount
of no individual's cause of action exceeds that amount equal to an amount in controversy as
set forth in 28 U.S.C. 1332(a) concerning diversity jurisdiction in federal civil cases,
exclusive of interest and costs.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C.P. Art. 1732(1))