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words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 306
BY SENATOR MORRISH
COURTS. Provides relative to prescriptive periods and civil jury thresholds for delictual
actions arising from vehicular accidents. (8/1/14)
AN ACT1
To amend and reenact Code of Civil Procedure Article 1732, and to enact Civil Code Article2
3493.11, relative to civil actions and proceedings; to provide relative to actions3
arising from a vehicular accident; to provide relative to liberative prescription for4
such actions; to provide certain limitations upon jury trials relative to such actions;5
to provide certain terms, conditions, procedures, requirements and effects; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Civil Code Art. 3493.11 is hereby enacted to read as follows:9
Art. 3493.11. Delictual actions; two-year prescription; vehicular accident10
Delictual actions which arise from damages sustained as a result of a11
vehicular accident are subject to a liberative prescription of two years. This12
prescription commences to run from the day injury or damage is sustained.13
Section 2. Code of Civil Procedure Art. 1732 is hereby amended and reenacted to14
read as follows:15
Art. 1732. Limitation upon jury trials16
A trial by jury shall not be available in the following matters:17 SB NO. 306
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(1)A Unless subject to the provisions of Paragraph (2), a suit where the1
amount of no individual petitioner's cause of action exceeds fifty thousand dollars2
exclusive of interest and costs, except as follows:3
(a) If an individual petitioner stipulates or otherwise judicially admits sixty4
days or more prior to trial that the amount of the individual petitioner's cause of5
action does not exceed fifty thousand dollars exclusive of interest and costs, a6
defendant shall not be entitled to a trial by jury.7
(b) If an individual petitioner stipulates or otherwise judicially admits for the8
first time less than sixty days prior to trial that the amount of the individual9
petitioner's cause of action does not exceed fifty thousand dollars exclusive of10
interest and costs, any other party may retain the right to a trial by jury if that party11
is entitled to a trial by jury pursuant to this Article and has otherwise complied with12
the procedural requirements for obtaining a trial by jury.13
(c) Notwithstanding Subsubparagraphs Subparagraphs (a) and (b) of this14
Subparagraph Paragraph, if, as a result of a compromise or dismissal of one or more15
claims or parties which occurs less than sixty days prior to trial, an individual16
petitioner stipulates or otherwise judicially admits that the amount of the individual17
petitioner's cause of action does not exceed fifty thousand dollars exclusive of18
interest and costs, a defendant shall not be entitled to a trial by jury.19
(2)(a) On or after January 1, 2015, through December 31, 2015, a suit20
arising from a vehicular accident where the amount of no individual petitioner's21
cause of action exceeds forty thousand dollars, exclusive of interest and costs.22
The exceptions set forth in Paragraph (1)(a) through (c) shall apply to suits23
subject to this Subparagraph, except that the amount of forty thousand dollars24
rather than fifty thousand dollars shall be used in determining the applicability25
of such exceptions.26
(b) On or after January 1, 2016, through December 31, 2016, a suit27
arising from a vehicular accident where the amount of no individual petitioner's28
cause of action exceeds thirty thousand dollars, exclusive of interest and costs.29 SB NO. 306
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The exceptions set forth in Paragraph (1)(a) through (c) shall apply to suits1
subject to this Subparagraph, except that the amount of thirty thousand dollars2
rather than fifty thousand dollars shall be used in determining the applicability3
of such exceptions.4
(c) On or after January 1, 2017, through December 31, 2017, a suit5
arising from a vehicular accident where the amount of no individual petitioner's6
cause of action exceeds twenty thousand dollars, exclusive of interest and costs.7
The exceptions set forth in Paragraph (1)(a) through (c) shall apply to suits8
subject to this Subparagraph, except that the amount of twenty thousand9
dollars rather than fifty thousand dollars shall be used in determining the10
applicability of such exceptions.11
(d) On or after January 1, 2018, through December 31, 2018, a suit12
arising from a vehicular accident where the amount of no individual petitioner's13
cause of action exceeds ten thousand dollars, exclusive of interest and costs. The14
exceptions set forth in Paragraph (1)(a) through (c) shall apply to suits subject15
to this Subparagraph, except that the amount of ten thousand dollars rather16
than fifty thousand dollars shall be used in determining the applicability of such17
exceptions.18
(e) On or after January 1, 2019, any suit arising from a vehicular19
accident.20
(2)(3) A suit on an unconditional obligation to pay a specific sum of money,21
unless the defense thereto is forgery, fraud, error, want, or failure of consideration.22
(3)(4) A summary, executory, probate, partition, mandamus, habeas corpus,23
quo warranto, injunction, concursus, workers' compensation, emancipation,24
tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce25
proceeding.26
(4)(5) A proceeding to determine custody, visitation, alimony, or child27
support.28
(5)(6) A proceeding to review an action by an administrative or municipal29 SB NO. 306
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body.1
(6)(7) All cases where a jury trial is specifically denied by law.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Morrish (SB 306)
Proposed law provides relative to civil actions arising from a vehicular accident.
Present law provides that delictual actions are subject to a liberative prescription of one year.
Proposed law provides that delictual actions which arise from damages sustained as a result
of a vehicular accident are subject to a liberative prescription of two years. Proposed law
provides that prescription provided for in proposed law commences to run from the day
injury or damage is sustained.
Present law provides that a trial by jury shall not be available in the following civil cases:
(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.
Present law further provides that in a suit where the amount of no individual petitioner's
cause of action exceeds the threshold amount of $50,000, no trial by jury shall be available,
with the following exceptions:
(1)If an individual petitioner stipulates or otherwise 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 trial by jury pursuant to
present law and has otherwise complied with the procedural requirements for
obtaining a trial by jury.
(3)Notwithstanding the exceptions noted in paragraphs (1) and (2) above, if, as a result
of compromise or dismissal of one or more claims or parties which 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 SB NO. 306
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words in boldface type and underscored are additions.
exclusive of interest and costs, a defendant shall not be entitled to a trial by jury.
Proposed law retains present law including the three exceptions, except for suits arising from
a vehicular accident as follows:
(1)On or after January 1, 2015, through December 31, 2015, no jury trial shall be
available for a suit arising from a vehicular accident where the amount of no
individual petitioner's cause of action exceeds $40,000 exclusive of interest and
costs. The three exceptions set forth in the present law shall be applicable, except
the sum of $40,000 instead of $50,000 is to be used in the calculations to determine
applicability.
(2)On or after January 1, 2016, through December 31, 2016, no jury trial shall be
available for a suit arising from a vehicular accident where the amount of no
individual petitioner's cause of action exceeds $30,000 exclusive of interest and
costs. The three exceptions set forth in the present law shall be applicable, except
the sum of $30,000 instead of $50,000 is to be used in the calculations to determine
applicability.
(3)On or after January 1, 2017, through December 31, 2017, no jury trial shall be
available for a suit arising from a vehicular accident where the amount of no
individual petitioner's cause of action exceeds $20,000 exclusive of interest and
costs. The three exceptions set forth in the present law shall be applicable, except
the sum of $20,000 instead of $50,000 is to be used in the calculations to determine
applicability.
(4)On or after January 1, 2018, through December 31, 2018, no jury trial shall be
available for a suit arising from a vehicular accident where the amount of no
individual petitioner's cause of action exceeds $10,000 exclusive of interest and
costs. The three exceptions set forth in the present law shall be applicable, except
the sum of $10,000 instead of $50,000 is to be used in the calculations to determine
applicability.
(5)On or after January 1, 2019, no jury trial shall be available for any suit arising from
a vehicular accident.
Effective August 1, 2014.
(Amends C.C.P. Art. 1732; adds C.C. Art. 3493.11)