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Regular Session, 2012 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 108
BY SENATOR MURRAY
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to study certain aspects of civil jury
trial procedure.
WHEREAS, civil jury trials can be complex, lengthy, and involve considerable
expense and effort by all parties to an action; and
WHEREAS, the civil jury trial procedure in Louisiana should be studied by the
Louisiana State Law Institute to determine ways in which the present process can be
streamlined and made less costly; and
WHEREAS, such study should include whether a sliding scale should be instituted
providing the required number of jurors to be based upon the amount in dispute, rather than
the present law setting forth a fixed monetary threshold and number of jurors required for
trial of actions exceeding such threshold; and
WHEREAS, for example, for an amount in dispute within a certain range the trial
could be by a four person jury, with three having to concur; within a higher range the trial
could be by an eight person jury, with six having to concur; and within the highest range the
trial could be by a twelve person jury, with nine having to concur; and
WHEREAS, such study should also include the feasibility of modifying present trial
procedures and evidentiary requirements for jury trials having a smaller number of jurors,
including increased use of stipulated documents and summaries of testimony without the
necessity of subpoena, and greater interaction between jurors, attorneys, and witnesses who
do testify; and
WHEREAS, such study should also include the feasibility of using panels instead of
jurors under certain circumstances to serve as the trier of fact, for example, a panel
composed of the presiding judge and two other attorneys, or authorizing under certain
circumstances the use of summary jury trials with binding effects upon the parties. SCR NO. 108 ENROLLED
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THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study certain aspects of civil jury trial
procedure and to submit their findings or recommended legislation to the legislature not later
than February 1, 2013.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES