The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Guillory (SB 273)
Present law in Code of Civil Procedure provides relative to jury trials.
Present law provides that a civil trial by jury shall not be available in a suit where the amount of
no individual petitioner's cause of action exceeds $50,000, exclusive of interest and costs, except
as follows:
(1)If an individual petitioner stipulates or other judicially admits 60 days or more prior to
trial that the amount of the individual petitioner's cause of action does not exceed $50,000
exclusive of interest and costs, a defendant shall not be entitled to a trial by jury.
(2)If an individual petitioner stipulates or otherwise judicially admits for the first time less
than 60 days prior to trial that the amount of the individual petitioner's cause of action
does not exceed $50,000 exclusive of interest and costs, any other party may retain the
right to a trial by jury if that party is entitled to a trial by jury pursuant to present law and
has otherwise complied with the procedural requirements for obtaining a trial by jury.
(3)Notwithstanding (1) and (2) above, if, as a result of a compromise or dismissal of one or
more claims or parties that occurs less than 60 days prior to trial, an individual petitioner
stipulates or otherwise judicially admits that the amount of the individual petitioner's
cause of action does not exceed $50,000 exclusive of interest and costs, a defendant shall
not be entitled to a trial by jury
Proposed law deletes present law.
Present law also provides that a civil trial by jury shall not be available in:
(1)A suit on an unconditional obligation to pay a specific sum of money, unless the defense
thereto is forgery, fraud, error, want, or failure of consideration.
(2)A summary, executory, probate, partition, mandamus, habeas corpus, quo warranto,
injunction, concursus, workers' compensation, emancipation, tutorship, interdiction,
curatorship, filiation, annulment of marriage, or divorce proceeding.
(3)A proceeding to determine custody, visitation, alimony, or child support.
(4)A proceeding to review an action by an administrative or municipal body.
(5)All cases where a jury trial is specifically denied by law. Proposed law retains present law.
Effective August 1, 2014.
(Amends C.C.P. Art. 1732)