Authorizes and directs the Louisiana State Law Institute to compile data relative to Louisiana's monetary threshold to obtain a civil jury trial
Impact
The resolution mandates the collection of public data covering at least the last three years to ensure a thorough evaluation of the civil jury trial landscape in Louisiana. It encourages collaboration with multiple legal associations to gain diverse insights. The data collected will be pivotal in informing the legislature on possible reforms regarding the civil jury trial threshold, which could potentially affect access to justice for residents and the operations of the court system. The findings are expected to address the current underutilization of jury trials amid a high threshold, which may conflict with efficient legal processes.
Summary
HCR163 directs the Louisiana State Law Institute to compile and analyze data regarding the state's monetary threshold required to obtain a civil jury trial. Currently set at $50,000, Louisiana's threshold is considered the highest in the U.S., with few cases proceeding to jury trials each year. The resolution outlines various aspects to be assessed, including the number of civil cases filed below the threshold, the financial implications of maintaining or altering the threshold, and comparisons with other states' jury trial procedures. This comprehensive study seeks to provide a clearer understanding of how the jury trial threshold impacts the state's civil justice system.
Sentiment
The sentiment around HCR163 is largely informative and constructive, with both supporters and skeptics acknowledging the need for a detailed study. Advocates for the bill emphasize the importance of understanding the barriers that the current threshold presents to individuals seeking jury trials. Conversely, some critics remain wary about the potential outcomes of lowering the threshold, fearing it could lead to a dramatic increase in the number of cases in the court system and further complicate an already overwhelmed judicial process. Overall, the discourse highlights a collective interest in enhancing the civil justice system's effectiveness while ensuring fair access for all citizens.
Contention
While there is no significant opposition to the bill itself, discussions surrounding the appropriate jury threshold remain contentious. Key points of debate include how changing the threshold could alter the landscape of civil litigation in Louisiana. Proponents argue that a reduction in the threshold could democratize access to jury trials, while others caution that such changes might lead to unintended consequences, including an influx of cases that could bog down courts. The ultimate effectiveness of HCR163 will depend on the findings of the data compiled, as well as the legislature’s willingness to act on those findings to adjust the current threshold.
Authorizes and directs the Louisiana Supreme Court to study extending liberative prescriptive periods to two years and to compile data relative to Louisiana's threshold for a civil jury trial
Authorizes and directs the Louisiana Supreme Court to study extending liberative prescriptive periods to two years and to compile data relative to Louisiana's threshold for a civil jury trial
Requests the Department of Revenue and the Department of Natural Resources, in consultation with the Legislative Auditor, to take all action necessary to collect oil and gas severance tax and mineral royalties and to establish procedures to verify the accuracy of payments and refunds thereof, all to be monitored by the Legislative Auditor and reported to the legislature. (OR1 SEE FISC NOTE GF RV)
Requests DHH to study the most effective means to ensure the proper utilization of inhalers by school nurses and report to the Senate and House Committees on Health and Welfare.
Requests DHH to develop a plan for the creation of a demonstration program to coordinate and integrate the health care for an individual eligible for both Medicare and Medicaid.