HLS 14RS-1440 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 548
BY REPRESENTATIVE STUART BISHOP
CIVIL/JURY TRIALS: Provides relative to the availability of a jury trial in certain matters
AN ACT1
To amend and reenact Code of Civil Procedure Article 1732, relative to the availability of2
jury trials; to provide relative to the amount in controversy required for a jury trial;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 1732 is hereby amended and reenacted6
to read as follows: 7
Art. 1732. Limitation upon jury trials8
A trial by jury shall not be available in:9
(1) A suit brought pursuant to the provisions of Chapter 3 of Title V of Book10
III of the Civil Code, where the amount of no individual petitioner's cause of action11
exceeds fifteen thousand dollars exclusive of interest and costs.12
(2) A suit, other than one brought pursuant to Chapter 3 of Title V of Book13
III of the Civil Code, where the amount of no individual petitioner's cause of action14
exceeds fifty thousand dollars exclusive of interest and costs, except as follows:15
(a) If an individual petitioner stipulates or otherwise judicially admits sixty16
days or more prior to trial that the amount of the individual petitioner's cause of17
action does not exceed fifty thousand dollars exclusive of interest and costs, a18
defendant shall not be entitled to a trial by jury.19 HLS 14RS-1440 ORIGINAL
HB NO. 548
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) If an individual petitioner stipulates or otherwise judicially admits for the1
first time less than sixty days prior to trial that the amount of the individual2
petitioner's cause of action does not exceed fifty thousand dollars exclusive of3
interest and costs, any other party may retain the right to a trial by jury if that party4
is entitled to a trial by jury pursuant to this Article and has otherwise complied with5
the procedural requirements for obtaining a trial by jury.6
(c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if,7
as a result of a compromise or dismissal of one or more claims or parties which8
occurs less than sixty days prior to trial, an individual petitioner stipulates or9
otherwise judicially admits that the amount of the individual petitioner's cause of10
action does not exceed fifty thousand dollars exclusive of interest and costs, a11
defendant shall not be entitled to a trial by jury.12
(2)(3) A suit on an unconditional obligation to pay a specific sum of money,13
unless the defense thereto is forgery, fraud, error, want, or failure of consideration.14
(3)(4) A summary, executory, probate, partition, mandamus, habeas corpus,15
quo warranto, injunction, concursus, workers' compensation, emancipation,16
tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce17
proceeding.18
(4)(5) A proceeding to determine custody, visitation, alimony, or child19
support.20
(5)(6) A proceeding to review an action by an administrative or municipal21
body.22
(6)(7) All cases where a jury trial is specifically denied by law.23
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)]
Stuart Bishop HB No. 548
Abstract: Provides for access to jury trials for suits arising from obligations without
agreements where the cause of action amounts to greater than $15,000. HLS 14RS-1440 ORIGINAL
HB NO. 548
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law prohibits certain suits from being tried before a jury, including suits where no
individual petitioner's cause of action exceeds $50,000.
Proposed law retains present law and provides for suits arising from obligations without
agreements to be tried before a jury when the cause of action exceeds $15,000.
(Amends C.C.P. Art. 1732)