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Regular Session, 2014
HOUSE RESOLUTION NO. 156
BY REPRESENTATIVE CONNICK
CIVIL/LAW: Authorizes and directs the Louisiana State Law Institute to study extending
liberative prescriptive periods two years and to compile data relative to Louisiana's
threshold for a civil jury trial
A RESOLUTION1
To authorize and direct the Louisiana State Law Institute to study extending the prescriptive2
periods for delictual actions, to compile data relative to Louisiana's monetary3
threshold for a civil jury trial, and to submit a written report of its findings to the4
House Committee on Civil Law and Procedure and the Senate Committee on5
Judiciary A not later than ten days prior to the beginning of the 2015 Regular Session6
of the Legislature of Louisiana.7
WHEREAS, Civil Code Article 3492 subjects delictual actions to a liberative8
prescription of one year, commencing to run from the day the injury or damage is sustained;9
and10
WHEREAS, along with the issues regarding the jury trial threshold, the Legislature11
of Louisiana believes this one year time period may be the cause of why some courts12
experience increased civil filings; and13
WHEREAS, two states in the country have a six year prescriptive period for such14
actions; three states in the country have a four year prescriptive period for such actions;15
seventeen states in the country have a three year prescriptive period for such actions; twenty16
four states in the country have a two year prescriptive period for such actions; and two states17
in the country, in addition to Louisiana, have a one year prescriptive period for such actions;18
and19 HLS 14RS-5444 ORIGINAL
HR NO. 156
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WHEREAS, litigation expenses may be unduly burdensome for some parties and1
may prevent access to the courts; and 2
WHEREAS, parties in these matters may be able to resolve issues and settle these3
matters without the necessity of filing a lawsuit if the parties have additional time within4
which to commence a lawsuit; and 5
WHEREAS, Code of Civil Procedure Article 1732 places limitations on trials by6
jury, including suits where the amount of no individual petitioner's cause of action exceeds7
fifty thousand dollars exclusive of interest and costs; and8
WHEREAS, the majority of states in the country have no monetary threshold for a9
civil jury trial and Louisiana's fifty thousand dollar threshold is the highest in the country,10
far out-pacing the second-highest amount in the state of Maryland, which maintains a fifteen11
thousand dollar threshold for a civil jury trial; and12
WHEREAS, fewer than two percent of civil cases filed in Louisiana proceeded to a13
jury trial in 2012; and14
WHEREAS, there has been little examination or analysis of the impact of increasing15
Louisiana's civil jury trial threshold to fifty thousand dollars since the Legislature of16
Louisiana raised the amount in 1993.17
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby18
authorize and direct the Louisiana State Law Institute to study the current prescriptive19
periods for delictual actions and extending Louisiana's current prescriptive period to two20
years.21
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby22
authorize and direct the Louisiana State Law Institute to compile public data for the most23
recent year available relative to other states liberative prescriptive periods and Louisiana's24
threshold for a civil jury trial in consultation with the Louisiana Supreme Court, the25
Louisiana Clerks of Court Association, the Louisiana District Attorney Association, the26
Louisiana District Judges Association, the Department of Insurance, the Louisiana27
Association of Justice, and the Louisiana Association of Defense Attorneys that includes but28
is not limited to the following:29 HLS 14RS-5444 ORIGINAL
HR NO. 156
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(1) The number of civil lawsuits filed in Louisiana below the fifty thousand dollar1
threshold for a civil jury trial, by court of jurisdiction.2
(2) The number of civil lawsuits filed in Louisiana below the fifty thousand dollar3
threshold for a civil jury trial that are settled without going to trial, by court of jurisdiction.4
(3) The number of persons receiving a request to serve on a jury, the percent of5
eligible jurors actually impaneled, and the average length of service, by court of jurisdiction.6
(4) The most recent year's total budget for each judicial district court, clerk of court,7
and sheriff and the percent of that budget that is intended and utilized to secure jurors for8
jury trials.9
(5) The average estimated cost to public entities to commission and impanel a jury10
for the duration of a trial, by court of jurisdiction and by parish.11
(6) The average jury bond or cash deposit paid by the requesting party for a civil12
jury trial and the number of instances and average amount of any refunds of unexpended13
amounts as required by law, by court of jurisdiction.14
(7) The number of civil cases filed in forma pauperis, by court of jurisdiction.15
(8) The total amount owed to each court of jurisdiction due to in forma pauperis16
cases where records of all costs are required to be kept by law.17
(9) The number of civil cases transferred from courts of limited jurisdiction to18
judicial district court due to a request for a trial by jury pursuant to Civil Code of Procedure19
Article 4872.20
BE IT FURTHER RESOLVED that the Louisiana State Law Institute submit a21
written report of its findings regarding extending the prescriptive period for delictual actions22
and the jury trial threshold to the House Committee on Civil Law and Procedure and the23
Senate Committee on Judiciary A not later than ten days prior to the beginning of the 201524
Regular Session of the Legislature of Louisiana.25
BE IT FURTHER RESOLVED that in compiling data, the Louisiana State Law26
Institute may engage, collaborate with, and obtain information and perspectives from27
stakeholder groups with an interest in Louisiana's civil jury trial threshold.28
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted29
to the director of the Louisiana State Law Institute.30 HLS 14RS-5444 ORIGINAL
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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)]
Connick HR No. 156
Authorizes and directs the Louisiana State Law Institute to study extending liberative
prescriptive periods two years and to compile data relative to Louisiana's threshold for a civil
jury trial.