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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 Articles 1553, 1571(A)(3), and 4872(C) and Chapter 8 of2
Title V of Book II of the Code of Civil Procedure, to be comprised of Articles 18153
through 1838, relative to expedited jury trials; to provide for the procedures for4
expedited jury trials; to provide for pretrial conferences; to provide for special5
assignment by court rule; to provide that motions of summary judgment be filed6
prior to trial; to provide for the number of jurors; to provide that a cash deposit for7
all costs associated with jury costs be timely made; to provide for the service,8
swearing, and examination of jurors; to provide for the selection of a foreperson; to9
provide for challenges for cause; to provide for peremptory challenges; to provide10
for a time limit for an expedited trial jury; to provide for expert witnesses, their fees,11
and the presentation of their evidence; to provide for the admittance of exhibits; to12
provide for charges to the jury; to provide for the use of juror notes; to authorize13
jurors to take evidence into the jury room; to provide for the number of jurors needed14
for the court to render a verdict; to provide for general verdicts; to provide for verdict15
forms and interrogatories; to provide for post-verdict relief; to provide for appeals;16
to prohibit transfer of certain actions to district court; and to provide for related17
matters.18 HLS 13RS-583 REENGROSSED
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Be it enacted by the Legislature of Louisiana:1
Section 1. Code of Civil Procedure Articles 1553, 1571(A)(3), and 4872(C) and2
Chapter 8 of Title V of Book II of the Code of Civil Procedure, comprised of Articles 18153
through 1838, are hereby enacted to read as follows:4
Art. 1553. Expedited jury trial pretrial conference; order5
A. If an expedited jury trial has been requested, the parties shall prepare and6
present to the court at the pretrial conference a proposed joint pretrial order7
containing the following:8
(1) A list of all witnesses for each party.9
(2) A list of all exhibits for each party.10
(3) A list of all experts and a designation as to whether each of them will11
testify in person, by report, or by deposition.12
(4) A certification that each party can present its case within the time limits13
of Article 1828.14
B. The pretrial order may, by agreement of the parties, contain additional15
stipulations, which shall be binding on the court and all parties, including but not16
limited to the following:17
(1) A limitation of damages to an amount not in excess of the stated limits18
of a policy of insurance.19
(2) Any maximum or minimum amounts that shall apply to the jury's verdict.20
(3) A waiver of any right to an appeal or limitations as to appealable issues.21
(4) A waiver of any right to move for a new trial.22
(5) A waiver of any provision of the Code of Evidence.23
(6) An agreement as to the payment of the cash deposit for the jury costs.24
C. Subject to the provisions of Article 1816, the court shall conduct the25
expedited jury trial within one hundred twenty days after the pretrial conference.26
D. Subject to the provisions of Article 1571, the date of the expedited jury27
trial shall be set at the pretrial conference even if discovery has not yet been28
completed.29 HLS 13RS-583 REENGROSSED
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E. In the pretrial order, the court shall fix the deadline for filing the cash1
deposit, which shall be no later than thirty days prior to trial.2
F. The parties or their attorneys, as well as the court, shall sign the pretrial3
order and file it into the record. The signature of a party or his attorney shall4
constitute a certification that the party agreed to the terms of the pretrial order and5
an expedited jury trial.6
G. The court may amend a pretrial order at any time, but only with the7
agreement of all parties.8
* * *9
Art. 1571. Assignment by court rule10
A.11
* * *12
(3) These rules shall require the assignment of an expedited jury trial13
pursuant to Article 1815 et seq. to be assigned by special setting only and shall14
prohibit the assignment of a case for an expedited jury trial to upset a previously15
assigned civil or criminal trial.16
* * *17
CHAPTER 8. EXPEDITED JURY TRIALS18
Art. 1815. Expedited jury trials19
An expedited jury trial is a method of trial by jury in which the parties20
present their evidence in an efficient, expedited fashion.21
Art. 1816. Joint motion for an expedited jury trial22
Upon joint motion of all parties for an expedited jury trial, the court shall set23
the matter for a pretrial conference in accordance with Article 1553 to be held within24
forty-five days after the filing of the motion. The court shall grant the parties' joint25
motion for an expedited jury trial unless the court, in its discretion, finds that an26
expedited jury trial is not in the best interest of justice. An expedited jury trial shall27
be allowed whether or not any party previously requested a trial by jury and, upon28 HLS 13RS-583 REENGROSSED
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consent of all parties, whether or not the petitioner's cause of action exceeds fifty1
thousand dollars exclusive of interests and costs.2
Comment - 20143
If all parties agree, an expedited jury trial shall be available to the parties4
even if no party had requested a jury trial in any previous pleadings. Specifically,5
the time periods for requesting a jury trial in Article 1733 do not apply to an6
expedited jury trial.7
Art. 1817. Agreement for an expedited jury trial8
An agreement to try an action by expedited jury trial shall not be made prior9
to the institution of the action.10
Art. 1818. Cash deposit; procedure11
A. The court shall fix the cash deposit for the jury costs at an amount12
sufficient for payment of all costs associated with the expedited jury trial, including13
juror fees, and expenses and charges of the clerk of court.14
B. If the deposit is not timely made, the other parties shall have an additional15
ten days to make the required deposit.16
C. When an expedited jury trial has been granted in a suit against the state,17
a state agency, or a political subdivision, payment of the cash deposit shall be in18
accordance with R.S. 13:5105.19
Art. 1819. Motion for summary judgment20
All motions for summary judgment in which an expedited jury trial has been21
granted shall be filed at least sixty days prior to the trial date.22
Art. 1820. Jurors23
In cases to be tried by an expedited jury trial, six jurors shall be chosen by lot24
to try all issues.25
Art. 1821. Service to jurors26
All jurors shall be served by regular mail.27
Art. 1822. Swearing of juror before examination28
Before being examined, every prospective juror shall be sworn and shall29
affirm to answer truthfully such questions as may be propounded to him.30 HLS 13RS-583 REENGROSSED
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Art. 1823. Examination of juror1
A. The court shall examine prospective jurors as to their qualifications and2
may conduct such further examination as it deems appropriate.3
B. The parties or their attorneys may individually conduct an examination4
of all prospective jurors, not to exceed a total of twenty minutes for each side.5
Comment - 2014 6
Efficiency is a hallmark of an expedited civil jury trial. Thus, an expedited7
civil jury trial is limited to three hours per side. Nevertheless, in the interest of8
providing parties the opportunity to be fully heard, the twenty minutes allotted for9
voir dire is not included within the three hours that each party has to present his case.10
Art. 1824. Challenges for cause11
A juror may be challenged for cause in accordance with Articles 176512
through 1767.13
Art. 1825. Peremptory challenges14
Each side is allowed two peremptory challenges. If there is more than one15
party on any side, the court may allow each side one additional challenge.16
Art.1826. Swearing of jurors; selection of foreperson17
The jurors shall be sworn and the foreperson shall be selected in accordance18
with Article 1768.19
Art. 1827. Alternate jurors20
No alternate juror shall be called or selected in an expedited jury trial.21
Art. 1828. Procedure in expedited jury trials22
Each side shall be allowed three hours to present its case, including opening23
statements, direct examination, cross-examination, rebuttal, and closing arguments.24
Opening statements shall not exceed ten minutes for each side, and closing25
arguments shall not exceed fifteen minutes for each side. Time spent on objections26
and bench conferences are not included in the time limits.27
Art. 1829. Exhibits28
A. At least thirty days prior to the jury trial, the parties shall exchange copies29
of all proposed exhibits they plan to offer at trial.30 HLS 13RS-583 REENGROSSED
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B. Objections to exhibits shall be made at least twenty days prior to the trial.1
At least five days prior to trial, the court shall rule on the admissibility of any exhibit2
to which an objection has been made. If no objection is made at least twenty days3
prior to the trial, the exhibit shall be admitted.4
C. All exhibits shall be marked and admitted into evidence at the beginning5
of trial.6
Art. 1830. Expert witnesses7
A. Expert witnesses may testify in person, or their testimony may be8
presented by reports, depositions, or video depositions. If an expert witness is called9
to testify in person at trial, the party calling the expert shall be responsible for all of10
his expert fees, which shall not be taxed as court costs.11
B. All motions challenging the qualifications or methodologies of an expert12
witness shall be filed and heard by the court in accordance with Article 1425(F).13
C. An expert who is listed in the pretrial order shall be allowed to testify at14
trial unless the court precludes his testimony by an order issued in response to a15
pretrial motion.16
D. All expert reports to be introduced at trial shall be exchanged prior to the17
pretrial conference.18
Art. 1831. Charge to jury19
A. At any time during the trial, the court may instruct the jury on the law20
applicable to any issue in the case.21
B. After the trial of the case and the presentation of all the evidence and22
arguments, the court shall give a charge to the jury on the applicable law. The court23
shall provide to the parties a written copy of the charge prior to the trial.24
C. The jury may take with them or have sent to them a written copy of all25
instructions and charges.26
Art. 1832. Juror notes27
Jurors shall be permitted to take notes in accordance with Article 1794.28 HLS 13RS-583 REENGROSSED
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Art. 1833. Taking evidence into the jury room1
The court shall allow the jury to take with them into the jury room any object,2
writing, or exhibit, except depositions, that has been admitted into evidence.3
Art. 1834. Number required for verdict4
Five of the six jurors must concur to render a verdict unless the parties5
stipulate otherwise. In the event that one juror becomes unable to serve, four out of6
the five remaining jurors must concur to render a verdict. If there are fewer than five7
jurors, a mistrial shall be granted, unless the parties agree otherwise on the record.8
Art. 1835. General verdict9
A. The court shall submit to the jury the general verdict form and written10
interrogatories agreed upon by all parties.11
B. If the parties cannot agree on a verdict form and interrogatories, the court12
shall inform the parties, prior to closing arguments, of the verdict form and13
interrogatories it intends to submit to the jury. The parties shall be given a14
reasonable opportunity to make any objections to the court's verdict form and15
interrogatories.16
Art. 1836. Post verdict relief17
After an expedited jury trial, any party may file motions in accordance with18
Articles 1811, 1814, and 1971 through 1979 unless the parties have waived the right19
by stipulation in open court or in the pretrial order.20
Art. 1837. Appeals21
Following an expedited jury trial, the parties shall be allowed to appeal in22
accordance with the procedure for appeals in Chapter 2 of Title I of Book III of this23
Code. The parties may waive the right to appeal in the pretrial order or by24
stipulation in open court.25
Comment - 2014 26
In accordance with Article 1553, the parties may also place limits on27
appealable issues in their pretrial order, and those limits will be binding on the28
appellate court.29 HLS 13RS-583 REENGROSSED
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Art. 1838. Applicability of general rules of trial by jury1
Except as expressly provided in this Chapter, the general rules applicable to2
trial by jury shall apply.3
* * *4
Art. 4872. Transfer to district court 5
* * *6
C. Where a principal demand commenced in a court of limited jurisdiction7
is one in which the parties are not entitled to a trial by jury under Article 1732(1), the8
parties shall not be entitled to transfer an action to district court for an expedited trial9
by jury under Article 1816.10
Section 2. The provisions of this Act become effective on January 1, 2014, and shall11
apply to all actions pending on that date or filed thereafter.12
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.
Present law (C.C.P. Art. 1571) provides for assignment of cases for trial by court rule.
Proposed law retains present law and requires that an expedited jury trial be set by special
assignment and prohibits the setting from upsetting a previously assigned civil or criminal
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 Art. 1553 to be held within
45 days of the filing of the motion. Further provides court with discretion in granting the
motion for an expedited jury trial if it is not in the best interest of justice and allows the
parties to consent to an expedited jury trial even when the cause of action does not exceed
$50,000.
Proposed law (C.C.P. Art. 1817) prohibits parties from agreeing to an expedited jury trial
in advance of the institution of the action. HLS 13RS-583 REENGROSSED
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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. Requires cash deposits in expedited jury trials against the state, a state agency, or a
political subdivision to be made in accordance with present law.
Present law (R.S. 13:5105) provides limitations on jury trials against the state, requires party
demanding jury trial to pay all costs including posting of a bond or cash deposit, exempts
the state, state agency, or state employee from the payment of any costs required for a jury
trial in certain cases.
Proposed law (C.C.P. Art. 1819) provides that parties to an expedited jury trial shall file all
motions for summary judgment 60 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 20 minutes
in total.
Proposed law (C.C.P. Art. 1824) provides that a juror can be challenged for cause in
accordance with C.C.P. Arts. 1765-1767.
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 C.C.P. Art. 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 10 minutes per side, closing arguments
shall not exceed 15 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 30 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 C.C.P. Art.
1425(F), and that all expert reports to be used at trial shall be exchanged prior to the pre-trial
conference. HLS 13RS-583 REENGROSSED
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are additions.
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 C.C.P. Art. 1794, jurors
can take notes.
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 C.C.P. Arts. 1811, 1814, and 1971-1979.
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 C.C.P.
Proposed law (C.C.P. Art. 1838) provides that except as provided for in proposed law, the
general rules applicable to jury trials apply.
Present law (C.C.P. Art. 4872) provides for transfer of cases in certain cases to district court.
Proposed law retains present law and prohibits parties from moving for an expedited jury
trial and requesting a transfer to district court when the principal demand originates in a
court of limited jurisdiction and the parties are not entitled to a trial by jury because the
cause of action does not exceed $50,000.
Effective Jan. 1, 2014.
(Adds C.C.P. Arts. 1553, 1571(A)(3), 4872(C), and 1815-1838)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added requirement that an expedited jury trial be set by special setting and that
an expedited jury trial setting not upset a previously set civil or criminal trial.
2. Required a pretrial conference to be held within 45 days of the filing of the joint
motion for an expedited jury trial and provided the court with discretion in
granting a motion for an expedited jury trial if the court finds that it is not in the
best interest of justice.
3. Allowed parties to consent to an expedited jury trial even when the cause of
action does not exceed $50,000. HLS 13RS-583 REENGROSSED
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4. Prohibited parties from agreeing to an expedited jury trial prior to the filing of
an action.
5. Required cash deposits in expedited jury trials against the state, a state agency,
or a political subdivision to be made in accordance with present law.
6. Prohibited parties from being able to request an expedited jury trial and transfer
the matter to district court when the matter was originally filed in a court of
limited jurisdiction and the cause of action did not exceed $50,000.