SLS 12RS-3849 ORIGINAL
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Regular Session, 2012
SENATE CONCURRENT RESOLUTI ON NO. 108
BY SENATOR MURRAY
LEGISLATIVE AGENCIES. Requests Louisiana State Law Institute to study certain
aspects of civil jury trial procedure.
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana State Law Institute to study certain aspects of civil jury2
trial procedure.3
WHEREAS, civil jury trials can be complex, lengthy, and involve considerable4
expense and effort by all parties to an action; and5
WHEREAS, the civil jury trial procedure in Louisiana should be studied by the6
Louisiana State Law Institute to determine ways in which the present process can be7
streamlined and made less costly; and8
WHEREAS, such study should include whether a sliding scale should be instituted9
providing the required number of jurors to be based upon the amount in dispute, rather than10
the present law setting forth a fixed monetary threshold and number of jurors required for11
trial of actions exceeding such threshold; and12
WHEREAS, for example, for an amount in dispute within a certain range the trial13
could be by a four person jury, with three having to concur; within a higher range the trial14
could be by an eight person jury, with six having to concur; and within the highest range the15
trial could be by a twelve person jury, with nine having to concur; and 16
WHEREAS, such study should also include the feasibility of modifying present trial17
procedures and evidentiary requirements for jury trials having a smaller number of jurors,18 SCR NO. 108
SLS 12RS-3849 ORIGINAL
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including increased use of stipulated documents and summaries of testimony without the1
necessity of subpoena, and greater interaction between jurors, attorneys, and witnesses who2
do testify; and3
WHEREAS, such study should also include the feasibility of using panels instead of4
jurors under certain circumstances to serve as the trier of fact, for example, a panel5
composed of the presiding judge and two other attorneys, or authorizing under certain6
circumstances the use of summary jury trials with binding effects upon the parties.7
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby8
urge and request the Louisiana State Law Institute to study certain aspects of civil jury trial9
procedure and to submit their findings or recommended legislation to the legislature not later10
than February 1, 2013.11
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the12
director of the Louisiana State Law Institute.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Murray SCR No.
Requests Louisiana State Law Institute to study certain aspects of civil jury trial procedure.