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.
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.
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)