HLS 14RS-5269 REENGROSSED
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 163
BY REPRESENTATIVE GAROFALO
CIVIL/JURY TRIALS: Authorizes and directs the Louisiana State Law Institute to compile
data relative to Louisiana's monetary threshold to obtain a civil jury trial
A CONCURRENT RESOLUTI ON1
To authorize and direct the Louisiana State Law Institute to compile data relative to2
Louisiana's monetary threshold for a civil jury trial and to submit a written report of3
findings to the House Committee on Civil Law and Procedure and the Senate4
Committee on Judiciary A not later than sixty days prior to the beginning of the 20155
Regular Session of the Legislature of Louisiana.6
WHEREAS, Code of Civil Procedure Article 1732 places limitations on trials by7
jury, including suits where the amount of no individual petitioner's cause of action exceeds8
fifty thousand dollars exclusive of interest and costs; and9
WHEREAS, the majority of states in the country have no monetary threshold for a10
civil jury trial and Louisiana's fifty thousand dollar threshold is the highest in the country,11
far out-pacing the second-highest amount in the state of Maryland, which maintains a fifteen12
thousand dollar threshold for a civil jury trial; and13
WHEREAS, fewer than two percent of civil cases filed in Louisiana proceeded to a14
jury trial in 2012; and15
WHEREAS, the current monetary jury threshold for certain types of civil cases was16
increased in 1993 to conform to the federal diversity jurisdictional level of fifty thousand17
dollars; and18
WHEREAS, the current federal diversity jurisdictional level has since been raised19
to seventy five thousand dollars; and20 HLS 14RS-5269 REENGROSSED
HCR NO. 163
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WHEREAS, certain factors are unique to Louisiana, such as our civilian law system1
and our manner of funding civil jury trials by charging costs to the litigants; and2
WHEREAS, unlike other states with lower jury thresholds, civil jury trials are3
unavailable to Louisiana litigants, regardless of the monetary threshold, in a suit on an4
unconditional obligation to pay a specific sum of money, summary and executory5
proceedings, probate and partition cases, workers' compensation, emancipation, tutorship,6
interdiction, curatorship, filiation, annulment of marriage, or divorce proceedings and many7
other types of civil cases; and8
WHEREAS, there has been little examination or analysis of the impact of increasing9
Louisiana's civil jury trial threshold to fifty thousand dollars since the Legislature of10
Louisiana raised the amount in 1993; and11
WHEREAS, the Legislature of Louisiana would benefit from a comparison of the12
impact of a reduction in the jury threshold, an increase in the jury threshold, and maintaining13
the monetary jury threshold at its present level of fifty thousand dollars.14
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby15
authorize and direct the Louisiana State Law Institute to compile public data for a sufficient16
period of time to provide a comprehensive picture of civil jury trials in Louisiana, but not17
less than the three most recent years available relative to Louisiana's threshold for a civil jury18
trial in consultation with the Louisiana Supreme Court, the Louisiana Clerks of Court19
Association, the Louisiana District Attorneys Association, the Louisiana District Judges20
Association, and the Louisiana Sheriffs' Association that includes but is not limited to the21
following:22
(1) The number of civil lawsuits filed in Louisiana below the fifty thousand dollar23
threshold for a civil jury trial, by court of jurisdiction.24
(2) The number of civil lawsuits filed in Louisiana below the fifty thousand dollar25
threshold for a civil jury trial that are settled without going to trial, by court of jurisdiction.26
(3) The number of persons receiving a request to serve on a jury, the number of27
persons responding to a request to serve on a jury, the percent of eligible jurors actually28
impaneled, and the average length of service, by court of jurisdiction.29 HLS 14RS-5269 REENGROSSED
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(4) The most recent year's total budget for each judicial district court, clerk of court,1
and sheriff and the percent of that budget that is intended and utilized to secure jurors for2
jury trials.3
(5) The average estimated cost to public entities to commission and impanel a jury4
for the duration of a trial, by court of jurisdiction and by parish.5
(6) The average jury bond or cash deposit paid by the requesting party for a civil6
jury trial and the number of instances and average amount of any refunds of unexpended7
amounts as required by law, by court of jurisdiction.8
(7) The number of civil cases filed in forma pauperis, by court of jurisdiction.9
(8) The total amount owed to each court of jurisdiction due to in forma pauperis10
cases where records of all costs are required to be kept by law.11
(9) The number of civil cases transferred from courts of limited jurisdiction to12
judicial district court due to a request for a trial by jury pursuant to Civil Code of Procedure13
Article 4872.14
(10) The funding sources used by other states to pay for civil jury trials.15
(11) The financial implications to state and local governmental authorities of16
reducing the jury trial threshold, maintaining the jury trial threshold at its current level, and17
increasing the jury trial threshold.18
(12) The factors unique to Louisiana's civil justice system and the impact those19
factors have on the jury threshold.20
BE IT FURTHER RESOLVED that the Louisiana State Law Institute submit a21
written report of findings to the House Committee on Civil Law and Procedure and the22
Senate Committee on Judiciary A not later than sixty days prior to the beginning of the 201523
Regular Session of the Legislature of Louisiana.24
BE IT FURTHER RESOLVED that in compiling data, the Louisiana State Law25
Institute may engage, collaborate with, and obtain information and perspectives from26
stakeholder groups with an interest in Louisiana's civil jury trial threshold.27
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted28
to the director of the Louisiana State Law Institute.29 HLS 14RS-5269 REENGROSSED
HCR NO. 163
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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 HCR No. 163
Authorizes and directs the Louisiana State Law Institute to compile data relative to
Louisiana's monetary threshold to obtain a civil jury trial.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Increased the period of time from which to compile public data from the most
recent year to a sufficient period of time to provide a comprehensive picture, but
not less than the three most recent years.
2. Added a provision that stated that the Legislature would benefit from a
comparison of the impact of a reduction in the jury threshold, an increase in the
jury threshold, and maintaining the monetary jury threshold at its present level.
3. Added a provision to require the study to include, with respect to jurors for civil
jury trials, the number of persons who responded to a request to serve on a jury,
certain financial implications related to civil jury trials, funding sources used by
other states to pay for civil jury trials, and factors unique to La.'s civil justice
system.