HLS 13RS-583 ORIGINAL
Page 1 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 321
BY REPRESENTATIVES HUVAL AND ABRAMSON
(On Recommendation of the Louisiana State Law Institute)
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/JURY TRIALS: Provides relative to expedited jury trials
AN ACT1
To enact Code of Civil Procedure Article 1553 and Chapter 8 of Title V of Book II of the2
Code of Civil Procedure, to be comprised of Articles 1815 through 1838, relative to3
expedited jury trials; to provide for the procedures for expedited jury trials; to4
provide for pretrial conferences; to provide that motions of summary judgment be5
filed prior to trial; to provide for the number of jurors; to provide that a cash deposit6
for all costs associated with jury costs be timely made; to provide for the service,7
swearing, and examination of jurors; to provide for the selection of a foreperson; to8
provide for challenges for cause; to provide for peremptory challenges; to provide9
for a time limit for an expedited trial jury; to provide for expert witnesses, their fees,10
and the presentation of their evidence; to provide for the admittance of exhibits; to11
provide for charges to the jury; to provide for the use of juror notes; to authorize12
jurors to take evidence into the jury room; to provide for the number of jurors needed13
for the court to render a verdict; to provide for general verdicts; to provide for verdict14
forms and interrogatories; to provide for post-verdict relief; to provide for appeals;15
and to provide for related matters.16
Be it enacted by the Legislature of Louisiana:17
Section 1. Code of Civil Procedure Article 1553 and Chapter 8 of Title V of Book18
II of the Code of Civil Procedure, comprised of Articles 1815 through 1838, are hereby19
enacted to read as follows:20 HLS 13RS-583 ORIGINAL
HB NO. 321
Page 2 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 1553. Expedited jury trial pretrial conference; order1
A. If an expedited jury trial has been requested, the parties shall prepare and2
present to the court at the pretrial conference a proposed joint pretrial order3
containing the following:4
(1) A list of all witnesses for each party.5
(2) A list of all exhibits for each party.6
(3) A list of all experts and a designation as to whether each of them will7
testify in person, by report, or by deposition.8
(4) A certification that each party can present its case within the time limits9
of Article 1828.10
B. The pretrial order may, by agreement of the parties, contain additional11
stipulations, which shall be binding on the court and all parties, including but not12
limited to the following:13
(1) A limitation of damages to an amount not in excess of the stated limits14
of a policy of insurance.15
(2) Any maximum or minimum amounts that shall apply to the jury's verdict.16
(3) A waiver of any right to an appeal or limitations as to appealable issues.17
(4) A waiver of any right to move for a new trial.18
(5) A waiver of any provision of the Code of Evidence.19
(6) An agreement as to the payment of the cash deposit for the jury costs.20
C. The court shall conduct the expedited jury trial within one hundred twenty21
days after the pretrial conference.22
D. The date of the expedited jury trial shall be set at the pretrial conference23
even if discovery has not yet been completed.24
E. In the pretrial order, the court shall fix the deadline for filing the cash25
deposit, which shall be no later than thirty days prior to trial.26
F. The parties or their attorneys, as well as the court, shall sign the pretrial27
order and file it into the record. The signature of a party or his attorney shall28 HLS 13RS-583 ORIGINAL
HB NO. 321
Page 3 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
constitute a certification that the party agreed to the terms of the pretrial order and1
an expedited jury trial.2
G. The court may amend a pretrial order at any time, but only with the3
agreement of all parties.4
* * *5
CHAPTER 8. EXPEDITED JURY TRIALS6
Art. 1815. Expedited jury trials7
An expedited jury trial is a method of trial by jury in which the parties8
present their evidence in an efficient, expedited fashion.9
Art. 1816. Joint motion for an expedited jury trial10
Upon joint motion of all parties for an expedited jury trial, the court shall set11
the matter for a pretrial conference in accordance with Article 1553 to be held within12
forty-five days after the signing of the order. An expedited jury trial shall be allowed13
whether or not any party previously requested a trial by jury.14
Comment - 201415
If all parties agree, an expedited jury trial shall be available to the parties16
even if no party had requested a jury trial in any previous pleadings. Specifically,17
the time periods for requesting a jury trial in Article 1733 do not apply to an18
expedited jury trial.19
Art. 1817. Agreement for an expedited jury trial20
An agreement to try an action by expedited jury trial may not be made prior21
to the institution of the action.22
Art. 1818. Cash deposit; procedure23
A. The court shall fix the cash deposit for the jury costs at an amount24
sufficient for payment of all costs associated with the expedited jury trial, including25
juror fees, and expenses and charges of the clerk of court.26
B. If the deposit is not timely made, the other parties shall have an additional27
ten days to make the required deposit.28
Art. 1819. Motion for summary judgment29
All motions for summary judgment in which an expedited jury trial has been30
granted shall be filed at least sixty days prior to the trial date.31 HLS 13RS-583 ORIGINAL
HB NO. 321
Page 4 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 1820. Jurors1
In cases to be tried by an expedited jury trial, six jurors shall be chosen by lot2
to try all issues.3
Art. 1821. Service to jurors4
All jurors shall be served by regular mail.5
Art. 1822. Swearing of juror before examination6
Before being examined, every prospective juror shall be sworn and shall7
affirm to answer truthfully such questions as may be propounded to him.8
Art. 1823. Examination of juror9
A. The court shall examine prospective jurors as to their qualifications and10
may conduct such further examination as it deems appropriate.11
B. The parties or their attorneys may individually conduct an examination12
of all prospective jurors, not to exceed a total of twenty minutes for each side.13
Comment - 2014 14
Efficiency is a hallmark of an expedited civil jury trial. Thus, an expedited15
civil jury trial is limited to three hours per side. Nevertheless, in the interest of16
providing parties the opportunity to be fully heard, the twenty minutes allotted for17
voir dire is not included within the three hours that each party has to present his case.18
Art. 1824. Challenges for cause19
A juror may be challenged for cause in accordance with Articles 176520
through 1767.21
Art. 1825. Peremptory challenges22
Each side is allowed two peremptory challenges. If there is more than one23
party on any side, the court may allow each side one additional challenge.24
Art.1826. Swearing of jurors; selection of foreperson25
The jurors shall be sworn and the foreperson shall be selected in accordance26
with Article 1768.27
Art. 1827. Alternate jurors28
No alternate juror shall be called or selected in an expedited jury trial.29 HLS 13RS-583 ORIGINAL
HB NO. 321
Page 5 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 1828. Procedure in expedited jury trials1
Each side shall be allowed three hours to present its case, including opening2
statements, direct examination, cross-examination, rebuttal, and closing arguments.3
Opening statements shall not exceed ten minutes for each side, and closing4
arguments shall not exceed fifteen minutes for each side. Time spent on objections5
and bench conferences are not included in the time limits.6
Art. 1829. Exhibits7
A. At least thirty days prior to the jury trial, the parties shall exchange copies8
of all proposed exhibits they plan to offer at trial.9
B. Objections to exhibits shall be made at least twenty days prior to the trial.10
At least five days prior to trial, the court shall rule on the admissibility of any exhibit11
to which an objection has been made. If no objection is made at least twenty days12
prior to the trial, the exhibit shall be admitted.13
C. All exhibits shall be marked and admitted into evidence at the beginning14
of trial.15
Art. 1830. Expert witnesses16
A. Expert witnesses may testify in person, or their testimony may be17
presented by reports, depositions, or video depositions. If an expert witness is called18
to testify in person at trial, the party calling the expert shall be responsible for all of19
his expert fees, which shall not be taxed as court costs.20
B. All motions challenging the qualifications or methodologies of an expert21
witness shall be filed and heard by the court in accordance with Article 1425(F).22
C. An expert who is listed in the pretrial order shall be allowed to testify at23
trial unless the court precludes his testimony by an order issued in response to a24
pretrial motion.25
D. All expert reports to be introduced at trial shall be exchanged prior to the26
pretrial conference.27 HLS 13RS-583 ORIGINAL
HB NO. 321
Page 6 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 1831. Charge to jury1
A. At any time during the trial, the court may instruct the jury on the law2
applicable to any issue in the case.3
B. After the trial of the case and the presentation of all the evidence and4
arguments, the court shall give a charge to the jury on the applicable law. The court5
shall provide to the parties a written copy of the charge prior to the trial.6
C. The jury may take with them or have sent to them a written copy of all7
instructions and charges.8
Art. 1832. Juror notes9
Jurors shall be permitted to takes notes in accordance with Article 1794.10
Art. 1833. Taking evidence into the jury room11
The court shall allow the jury to take with them into the jury room any object,12
writing, or exhibit, except depositions, that has been admitted into evidence.13
Art. 1834. Number required for verdict14
Five of the six jurors must concur to render a verdict unless the parties15
stipulate otherwise. In the event that one juror becomes unable to serve, four out of16
the five remaining jurors must concur to render a verdict. If there are fewer than five17
jurors, a mistrial shall be granted, unless the parties agree otherwise on the record.18
Art. 1835. General verdict19
A. The court shall submit to the jury the general verdict form and written20
interrogatories agreed upon by all parties.21
B. If the parties cannot agree on a verdict form and interrogatories, the court22
shall inform the parties, prior to closing arguments, of the verdict form and23
interrogatories it intends to submit to the jury. The parties shall be given a24
reasonable opportunity to make any objections to the court's verdict form and25
interrogatories.26 HLS 13RS-583 ORIGINAL
HB NO. 321
Page 7 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 1836. Post verdict relief1
After an expedited jury trial, any party may file motions in accordance with2
Articles 1811, 1814, and 1971 through 1979 unless the parties have waived the right3
by stipulation in open court or in the pretrial order.4
Art. 1837. Appeals5
Following an expedited jury trial, the parties shall be allowed to appeal in6
accordance with the procedure for appeals in Book III of this Code. The parties may7
waive the right to appeal in the pretrial order or by stipulation in open court.8
Comment - 2014 9
In accordance with Article 1553, the parties may also place limits on10
appealable issues in their pretrial order, and those limits will be binding on the11
appellate court.12
Art. 1838. Applicability of general rules of trial by jury13
Except as expressly provided in this Chapter, the general rules applicable to14
trial by jury shall apply.15
Section 2. The provisions of this Act become effective on January 1, 2014, and shall16
apply to all actions pending on that date or filed thereafter.17
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)]
Huval HB No. 321
Abstract: Establishes expedited jury trials, provides for the availability of expedited jury
trials in certain civil matters, and provides for the procedures for an expedited jury
trial.
Proposed law provides procedures for expedited jury trials.
Proposed law (C.C.P. Art. 1553) provides that the court shall schedule a pretrial conference
with the parties, that the parties shall have a pretrial order at the pretrial conference, and that
the parties shall certify that they agree to an expedited jury trial.
Proposed law (C.C.P. Art. 1816) provides that upon a joint motion of all parties the court
shall set the matter for a pretrial conference in accordance with Article 1553 to be held
within forty-five days of the signing of the order.
Proposed law (C.C.P. Art. 1817) provides that parties may not agree to an expedited jury
trial in advance of the institution of the action. HLS 13RS-583 ORIGINAL
HB NO. 321
Page 8 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law (C.C.P. Art. 1818) provides the amount that the court shall fix for the cash
deposit for an expedited jury trial and the time period during which the deposit must be
made.
Proposed law (C.C.P. Art. 1819) provides that parties to an expedited jury trial shall file all
motions for summary judgment sixty days prior to the trial date.
Proposed law (C.C.P. Art. 1820) provides that six jurors shall be chosen by lot to try all
issues present in an expedited jury trial.
Proposed law (C.C.P. Art. 1821) provides that all jurors of an expedited jury trial shall be
served by regular mail.
Proposed law (C.C.P. Art. 1822) provides that before examination, every prospective juror
shall be sworn and affirm to answer truthfully questions propounded to him.
Proposed law (C.C.P. Art. 1823) provides that the court shall examine prospective jurors,
and the parties may conduct an examination of all such jurors but no more than twenty
minutes in total.
Proposed law (C.C.P. Art. 1824) provides that a juror can be challenged for cause in
accordance with Code of Civil Procedure Articles 1765 through 1767.
Proposed law (C.C.P. Art. 1825) provides that each side is allowed two peremptory
challenges, but if there is more than one party on either side, the court can allow additional
challenges.
Proposed law (C.C.P. Art. 1826) provides that jurors shall be sworn and a foreperson
selected in accordance with Code of Civil Procedure Article 1768.
Proposed law (C.C.P. Art. 1827) provides that no alternate jurors shall be called or selected
in an expedited jury trial.
Proposed law (C.C.P. Art. 1828) provides that the entire expedited jury trial shall not exceed
six hours, the opening statements shall not exceed ten minutes per side, closing arguments
shall not exceed fifteen minutes per side, and that time spent on objections and bench
conference does not count against the six-hour time limit.
Proposed law (C.C.P. Art. 1829) provides that no later than thirty days prior to trial the
parties shall exchange all exhibits they plan to offer at trial, the time limits during which a
party can object to exhibits, when the court must rule on the admissibility of the exhibits, and
when exhibits shall be marked and admitted into evidence.
Proposed law (C.C.P. Art. 1830) provides for expert witnesses to testify in person, by
reports, depositions, or video depositions and that each side shall pay for his expert fees, that
all motions challenging an expert shall be filed and heard in accordance with Code of Civil
Procedure Article 1425(F), and that all expert reports to be used at trial shall be exchanged
prior to the pre-trial conference.
Proposed law (C.C.P. Art. 1831) provides that the court may instruct the jury as to any
applicable law, that the court shall provide the parties a written copy of the charge prior to
the trial, and that the jury can take with it or have sent to it a written copy of all instructions
and charges.
Proposed law (C.C.P. Art. 1832) provides that, in accordance with Code of Civil Procedure
Article 1794, jurors can take notes. HLS 13RS-583 ORIGINAL
HB NO. 321
Page 9 of 9
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law (C.C.P. Art. 1833) provides that jurors can take any object, writing, or exhibit
that has been admitted into evidence, with the exception of depositions, into the jury room.
Proposed law (C.C.P. Art. 1834) provides for the number of jurors that must concur for a
verdict to be rendered, and that if fewer than five agree, a mistrial must be granted unless the
parties agree otherwise on the record.
Proposed law (C.C.P. Art. 1835) provides that the court shall submit the general verdict form
and interrogatories agreed upon by the parties; otherwise, the court shall give the parties a
reasonable time to object to the court's supplied verdict form and interrogatories.
Proposed law (C.C.P. Art. 1836) provides that unless the parties have waived a motion by
stipulation in open court or in the pretrial order, any party may file a motion in accordance
with the Code of Civil Procedure Articles 1811, 1814, and 1971 through 1979.
Proposed law (C.C.P. Art. 1837) provides that unless the parties have waived the right to
appeal by stipulation in open court or in the pretrial order, a party may appeal in accordance
with the procedure for appeals in Book III of the Code of Civil Procedure.
Proposed law (C.C.P. Art. 1838) provides that except as provided for in proposed law, the
general rules applicable to jury trials apply.
Effective on Jan. 1, 2014.
(Adds C.C.P. Arts. 1553 and 1815-1838)