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Regular Session, 2014
SENATE BILL NO. 73
BY SENATOR MORRISH
CIVIL PROCEDURE. Provides certain limitations upon civil jury trials in suits arising from
vehicular accidents. (8/1/14)
AN ACT1
To amend and reenact Code of Civil Procedure Article 1732, relative to civil jury trials; to2
provide certain limitations upon jury trials; to provide certain terms, conditions and3
procedures; to provide for a minimum amount of a cause of action in a suit arising4
from a vehicular accident; to provide certain exceptions; to provide for a reduction5
over a period of time of such minimum amounts; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Art. 1732 is hereby amended and reenacted to8
read as follows: 9
Art. 1732. Limitation upon jury trials10
A trial by jury shall not be available in the following matters:11
(1) A Unless subject to the provisions of Paragraph (2), a suit where the12
amount of no individual petitioner's cause of action exceeds fifty thousand dollars13
exclusive of interest and costs, except as follows:14
(a) If an individual petitioner stipulates or otherwise judicially admits sixty15
days or more prior to trial that the amount of the individual petitioner's cause of16
action does not exceed fifty thousand dollars exclusive of interest and costs, a17 SB NO. 73
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defendant shall not be entitled to a trial by jury.1
(b) If an individual petitioner stipulates or otherwise judicially admits for the2
first time less than sixty days prior to trial that the amount of the individual3
petitioner's cause of action does not exceed fifty thousand dollars exclusive of4
interest and costs, any other party may retain the right to a trial by jury if that party5
is entitled to a trial by jury pursuant to this Article and has otherwise complied with6
the procedural requirements for obtaining a trial by jury.7
(c) Notwithstanding Subsubparagraphs Subparagraphs (a) and (b) of this8
Subparagraph Paragraph, if, as a result of a compromise or dismissal of one or more9
claims or parties which occurs less than sixty days prior to trial, an individual10
petitioner stipulates or otherwise judicially admits that the amount of the individual11
petitioner's cause of action does not exceed fifty thousand dollars exclusive of12
interest and costs, a defendant shall not be entitled to a trial by jury.13
(2)(a) On or after January 1, 2015, through December 31, 2015, a suit14
arising from a vehicular accident where the amount of no individual petitioner's15
cause of action exceeds forty thousand dollars, exclusive of interest and costs.16
The exceptions set forth in Paragraph (1)(a) through (c) shall apply to suits17
subject to this Subparagraph, except that the amount of forty thousand dollars18
rather than fifty thousand dollars shall be used in determining the applicability19
of such exceptions.20
(b) On or after January 1, 2016, through December 31, 2016, a suit21
arising from a vehicular accident where the amount of no individual petitioner's22
cause of action exceeds thirty thousand dollars, exclusive of interest and costs.23
The exceptions set forth in Paragraph (1)(a) through (c) shall apply to suits24
subject to this Subparagraph, except that the amount of thirty thousand dollars25
rather than fifty thousand dollars shall be used in determining the applicability26
of such exceptions.27
(c) On or after January 1, 2017, through December 31, 2017, a suit28
arising from a vehicular accident where the amount of no individual petitioner's29 SB NO. 73
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cause of action exceeds twenty thousand dollars, exclusive of interest and costs.1
The exceptions set forth in Paragraph (1)(a) through (c) shall apply to suits2
subject to this Subparagraph, except that the amount of twenty thousand3
dollars rather than fifty thousand dollars shall be used in determining the4
applicability of such exceptions.5
(d) On or after January 1, 2018, through December 31, 2018, a suit6
arising from a vehicular accident where the amount of no individual petitioner's7
cause of action exceeds ten thousand dollars, exclusive of interest and costs. The8
exceptions set forth in Paragraph (1)(a) through (c) shall apply to suits subject9
to this Subparagraph, except that the amount of ten thousand dollars rather10
than fifty thousand dollars shall be used in determining the applicability of such11
exceptions.12
(e) On or after January 1, 2019, any suit arising from a vehicular13
accident.14
(2)(3) A suit on an unconditional obligation to pay a specific sum of money,15
unless the defense thereto is forgery, fraud, error, want, or failure of consideration.16
(3)(4) A summary, executory, probate, partition, mandamus, habeas corpus,17
quo warranto, injunction, concursus, workers' compensation, emancipation,18
tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce19
proceeding.20
(4)(5) A proceeding to determine custody, visitation, alimony, or child21
support.22
(5)(6) A proceeding to review an action by an administrative or municipal23
body.24
(6)(7) All cases where a jury trial is specifically denied by law.25 SB NO. 73
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Morrish (SB 73)
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 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 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 SB NO. 73
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words in boldface type and underscored are additions.
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, any suit arising from a vehicular accident.
Effective August 1, 2014.
(Amends C.C.P. Art. 1732)