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Regular Session, 2014
HOUSE BILL NO. 613
BY REPRESENTATIVES ABRAMSON AND HENRY
CIVIL/JURY TRIALS: Provides relative to the monetary amount in controversy necessary
for a jury trial
AN ACT1
To amend and reenact Code of Civil Procedure Article 1732(1), relative to jury trials; to2
provide for the limitations on the availability of jury trials in certain circumstances;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(1) 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 where the amount of no individual petitioner's cause of action10
exceeds fifty thousand dollars exclusive of interest and costs, except as follows: or11
proceeding, including consolidated and class actions, involving:12
(a) Only one petitioner where the amount of the petitioner's cause of action13
does not exceed fifty thousand dollars exclusive of interest and costs; or14
(b) Two or more petitioners where:15
(i) No individual petitioner's cause of action exceeds fifty thousand dollars16
exclusive of interest and costs; or17
(ii) The aggregate amount of all petitioners' causes of action does not exceed18
one hundred thousand dollars exclusive of interest and costs.19
(a)(c) If an individual petitioner stipulates the petitioner in an action under20
Subsubparagraph (a) of this Subparagraph or all of the petitioners in an action under21 HLS 14RS-881 REENGROSSED
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Subsubparagraph (b) of this Subparagraph stipulate or otherwise judicially admits1
sixty admit:2
(i) Sixty days or more prior to trial that the amount of the individual3
petitioner's cause of action or the aggregate amount of all of the petitioners' causes4
of action does not exceed fifty thousand dollars the applicable monetary limitations5
provided by Subsubparagraph (a) or (b) of this Subparagraph, exclusive of interest6
and costs, a no defendant shall not be entitled to a trial by jury.7
(b) If an individual petitioner stipulates or otherwise judicially admits for the8
first time less9
(ii) Less than sixty days prior to trial that the amount of the individual10
petitioner's cause of action or the aggregate of all of the petitioners' causes of action11
does not exceed fifty thousand dollars the applicable monetary limitations provided12
by Subsubparagraph (a) or (b) of this Subparagraph, exclusive of interest and costs,13
any other party a defendant may retain the right to a trial by jury if that party is14
entitled to a trial by jury pursuant to this Article and defendant has otherwise15
complied with the procedural requirements for obtaining a trial by jury.16
(c)(d) Notwithstanding Subsubparagraphs (a) and (b) Subsubparagraph (c)17
of this Subparagraph, if, as a result of a compromise or dismissal of one or more18
claims or parties which occurs less than sixty days prior to trial, an individual19
petitioner stipulates or otherwise judicially admits that the amount of the individual20
petitioner's cause of action does not exceed fifty thousand dollars exclusive of21
interest and costs, a defendant shall not be entitled to a trial by jury the petitioner in22
an action under Subsubparagraph (a) of this Subparagraph or all of the petitioners23
under Subsubparagraph (b) of this Subparagraph stipulate or otherwise judicially24
admit that the amount of all of the remaining causes of action do not exceed the25
applicable monetary limitations provided by Subsubparagraph (a) or (b) of this26
Subparagraph, exclusive of interest and costs, no defendant shall be entitled to a trial27
by jury.28
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Section 2. The provisions of this Act shall become effective on August 1, 2014, and1
shall apply to all actions filed on or after that date.2
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)]
Abramson HB No. 613
Abstract: Provides that a trial by jury shall be available in a suit where at least one
petitioner's cause of action exceeds $50,000 and in a suit where the aggregate of
multiple petitioners' causes of action exceed $100,000, regardless of whether any
cause of action exceeds $50,000.
Present law provides that a trial by jury shall not be available in a suit where the amount of
no individual petitioner's cause of action exceeds $50,000, exclusive of interest and costs.
Present law provides that a trial by jury is not available in certain actions, including: suits
on certain unconditional obligations; summary, executory, probate, partition, mandamus,
habeas corpus, quo warranto, injunction, concursus, workers' compensation, emancipation,
tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce proceedings;
proceedings to determine custody, visitation, alimony, or child support; proceedings to
review an action by an administrative or municipal body; and all cases where a jury trial is
specifically denied by law.
Proposed law provides that a trial by jury shall not be available in a suit unless at least one
petitioner's cause of action exceeds $50,000, or in a suit where the aggregate of multiple
petitioners' causes of action exceed $100,000, regardless of whether any cause of action
exceeds $50,000.
Present law provides that if an individual petitioner stipulates or otherwise judicially admits
60 days or more prior to trial that the amount of the individual petitioner's cause of action
does not exceed $50,000, exclusive of interest and costs, a defendant shall not be entitled to
a trial by jury.
Proposed law applies the present law procedure to the aggregate of all of the petitioners'
causes of action.
Present law provides that if an individual petitioner stipulates or otherwise judicially admits
for the first time less than 60 days prior to trial that the amount of the individual petitioner's
cause of action does not exceed $50,000, exclusive of interest and costs, any other party may
retain the right to a trial by jury if that party is otherwise entitled to a trial by jury and has
otherwise complied with the procedural requirements for obtaining a trial by jury.
Proposed law applies present law procedure to the aggregate of all of the petitioners' causes
of action.
Present law provides that notwithstanding C.C.P. Art. 1732(1)(a) and (b), if, as a result of
a compromise or dismissal of one or more claims or parties which occurs less than 60 days
prior to trial, an individual petitioner stipulates or otherwise judicially admits that the
amount of the individual petitioner's cause of action does not exceed $50,000 exclusive of
interest and costs, a defendant shall not be entitled to a trial by jury. HLS 14RS-881 REENGROSSED
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Proposed law applies present law procedure to the aggregate of all of the petitioners' causes
of action.
Proposed law provides for prospective application to actions filed on or after Aug. 1, 2014.
(Amends C.C.P. Art. 1732(1))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Deleted all provisions of proposed law amending C.C.P. Art. 1732(1).
2. Added provisions amending C.C.P. Art. 1732(1) to authorize a trial by jury for
matters where at least one petitioner's cause of action exceeds $50,000 and for
matters where the aggregate of multiple petitioners' causes of action exceed
$100,000, regardless of whether any cause of action exceeds $50,000.
3. Added provisions regarding a defendant's ability to demand a jury trial when the
petitioner stipulates that the cause of action does not exceed the monetary
limitation.