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Regular Session, 2014
HOUSE RESOLUTION NO. 156
BY REPRESENTATIVE CONNICK
CIVIL/LAW: 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
A RESOLUTION1
To authorize and direct the Louisiana Supreme Court 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, two states in the country have a six year prescriptive period for such11
actions; three states in the country have a four year prescriptive period for such actions;12
seventeen states in the country have a three year prescriptive period for such actions; twenty13
four states in the country have a two year prescriptive period for such actions; and two states14
in the country, in addition to Louisiana, have a one year prescriptive period for such actions;15
and16
WHEREAS, litigation expenses may be unduly burdensome for some parties and17
may prevent access to the courts; and 18 HLS 14RS-5444 ENGROSSED
HR NO. 156
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WHEREAS, parties in these matters may be able to resolve issues and settle these1
matters without the necessity of filing a lawsuit if the parties have additional time within2
which to commence a lawsuit; and 3
WHEREAS, a benefit may exist for parties when there is a finality of knowing4
whether any potential claims exist against them; and5
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 Supreme Court to study the current prescriptive periods19
for delictual actions and to consider what different effects or impacts on the civil judicial20
system extending Louisiana's current prescriptive period to two years might have.21
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby22
authorize and direct the Louisiana Supreme Court to compile public data for the most recent23
year available relative to other states liberative prescriptive periods and Louisiana's threshold24
for a civil jury trial in consultation with the Louisiana Clerks of Court Association, the25
Louisiana District Attorney Association, the Louisiana District Judges Association, the26
Department of Insurance, the Louisiana Association of Justice, and the Louisiana27
Association of Defense Attorneys that includes but is not limited to the following:28
(1) The number of civil lawsuits filed in Louisiana below the fifty thousand dollar29
threshold for a civil jury trial, by court of jurisdiction.30 HLS 14RS-5444 ENGROSSED
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(2) The number of civil lawsuits filed in Louisiana below the fifty thousand dollar1
threshold for a civil jury trial that are settled without going to trial, by court of jurisdiction.2
(3) The number of persons receiving a request to serve on a jury, the percent of3
eligible jurors actually impaneled, and the average length of service, by court of jurisdiction.4
(4) The most recent year's total budget for each judicial district court, clerk of court,5
and sheriff and the percent of that budget that is intended and utilized to secure jurors for6
jury trials.7
(5) The average estimated cost to public entities to commission and impanel a jury8
for the duration of a trial, by court of jurisdiction and by parish.9
(6) The average jury bond or cash deposit paid by the requesting party for a civil10
jury trial and the number of instances and average amount of any refunds of unexpended11
amounts as required by law, by court of jurisdiction.12
(7) The number of civil cases filed in forma pauperis, by court of jurisdiction.13
(8) The total amount owed to each court of jurisdiction due to in forma pauperis14
cases where records of all costs are required to be kept by law.15
(9) The number of civil cases transferred from courts of limited jurisdiction to16
judicial district court due to a request for a trial by jury pursuant to Civil Code of Procedure17
Article 4872.18
BE IT FURTHER RESOLVED that the Louisiana Supreme Court submit a written19
report of its findings regarding extending the prescriptive period for delictual actions and the20
jury trial threshold to the House Committee on Civil Law and Procedure and the Senate21
Committee on Judiciary A not later than ten days prior to the beginning of the 2015 Regular22
Session of the Legislature of Louisiana.23
BE IT FURTHER RESOLVED that in compiling data, the Louisiana Supreme Court24
may engage, collaborate with, and obtain information and perspectives from stakeholder25
groups with an interest in Louisiana's civil jury trial threshold.26
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted27
to the judicial administrator of the Louisiana Supreme Court.28 HLS 14RS-5444 ENGROSSED
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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 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
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Changed entity authorized and directed to study from the Louisiana State Law
Institute to the Louisiana Supreme Court.
2. Deleted language that stated that the Louisiana Legislature believes that the one
year prescriptive period for delictual actions may be the cause of why some
courts experience increased civil filings.
3. Added language that states that a benefit may exist for parties when there is a
finality of knowing whether a potential claim exists against the party.