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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2014
HOUSE BILL NO. 917
BY REPRESENTATIVES GAROFALO, HENRY, IVEY, SEABAUGH, SIMON, AND
STOKES
CIVIL/JURY TRIALS: Provides with respect to the availability of jury trials in certain civil
matters
AN ACT1
To amend and reenact Code of Civil Procedure Article 1732, relative to limitations on jury2
trials; to remove the cause of action threshold amount required to be entitled to a jury3
trial; 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 where the amount of no individual petitioner's cause of action10
exceeds fifty thousand dollars exclusive of interest and costs, except as follows:11
(a) If an individual petitioner stipulates or otherwise judicially admits sixty12
days or more prior to trial that the amount of the individual petitioner's cause of13
action does not exceed fifty thousand dollars exclusive of interest and costs, a14
defendant shall not be entitled to a trial by jury.15
(b) If an individual petitioner stipulates or otherwise judicially admits for the16
first time less than sixty days prior to trial that the amount of the individual17
petitioner's cause of action does not exceed fifty thousand dollars exclusive of18
interest and costs, any other party may retain the right to a trial by jury if that party19 HLS 14RS-61 ENGROSSED
HB NO. 917
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are additions.
is entitled to a trial by jury pursuant to this Article and has otherwise complied with1
the procedural requirements for obtaining a trial by jury.2
(c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if,3
as a result of a compromise or dismissal of one or more claims or parties which4
occurs less than sixty days prior to trial, an individual petitioner stipulates or5
otherwise judicially admits that the amount of the individual petitioner's cause of6
action does not exceed fifty thousand dollars exclusive of interest and costs, a7
defendant shall not be entitled to a trial by jury.8
(2)(1) A suit on an unconditional obligation to pay a specific sum of money,9
unless the defense thereto is forgery, fraud, error, want, or failure of consideration.10
(3)(2) A summary, executory, probate, partition, mandamus, habeas corpus,11
quo warranto, injunction, concursus, workers' compensation, emancipation,12
tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce13
proceeding.14
(4)(3) A proceeding to determine custody, visitation, alimony, or child15
support.16
(5)(4) A proceeding to review an action by an administrative or municipal17
body.18
(6)(5) All cases where a jury trial is specifically denied by law.19
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)]
Garofalo HB No. 917
Abstract: Removes the cause of action threshold amount required to be entitled to a jury
trial.
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 but removes the prohibition against a jury trial being
available if an individual petitioner's cause of action does not exceed $50,000.
(Amends C.C.P. Art. 1732)