SLS 14RS-715 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 273
BY SENATOR GUILLORY
CIVIL PROCEDURE. Provides with respect to the availability of jury trials in certain civil
matters. (8/1/14)
AN ACT1
To amend and reenact Code of Civil Procedure Art. 1732, relative to limitations upon jury2
trials; to remove the cause of action threshold amount; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Art. 1732 is hereby amended and reenacted to6
read as follows:7
Art. 1732. Limitation upon jury trials8
A trial by jury shall not be available in:9
(1) A suit where the amount of no individual petitioner's cause of action10
exceeds fifty thousand dollars exclusive of interest and costs, except as follows:11
(a) If an individual petitioner stipulates or otherwise judicially admits sixty12
days or more prior to trial that the amount of the individual petitioner's cause of13
action does not exceed fifty thousand dollars exclusive of interest and costs, a14
defendant shall not be entitled to a trial by jury.15
(b) If an individual petitioner stipulates or otherwise judicially admits for the16
first time less than sixty days prior to trial that the amount of the individual17 SB NO. 273
SLS 14RS-715 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
petitioner's cause of action does not exceed fifty thousand dollars exclusive of1
interest and costs, any other party may retain the right to a trial by jury if that party2
is entitled to a trial by jury pursuant to this Article and has otherwise complied with3
the procedural requirements for obtaining a trial by jury.4
(c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if,5
as a result of a compromise or dismissal of one or more claims or parties which6
occurs less than sixty days prior to trial, an individual petitioner stipulates or7
otherwise judicially admits that the amount of the individual petitioner's cause of8
action does not exceed fifty thousand dollars exclusive of interest and costs, a9
defendant shall not be entitled to a trial by jury.10
(2) A suit on an unconditional obligation to pay a specific sum of money,11
unless the defense thereto is forgery, fraud, error, want, or failure of consideration.12
(3) (2) A summary, executory, probate, partition, mandamus, habeas corpus,13
quo warranto, injunction, concursus, workers' compensation, emancipation,14
tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce15
proceeding.16
(4) (3) A proceeding to determine custody, visitation, alimony, or child17
support.18
(5) (4) A proceeding to review an action by an administrative or municipal19
body.20
(6) (5) All cases where a jury trial is specifically denied by law.21
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 SB NO. 273
SLS 14RS-715 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
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)