Louisiana 2014 Regular Session

Louisiana Senate Bill SB86

Introduced
3/10/14  
Introduced
3/10/14  
Refer
3/10/14  

Caption

Provides relative to civil jury trial threshold. (gov sig) (OR DECREASE LF EX See Note)

Impact

If enacted, SB86 would streamline the process regarding jury Trials in civil matters, ensuring consistency in the interpretation of monetary thresholds across cases. By replacing the fixed amount of $50,000 with a reference to federal law, the bill potentially provides clarity on when a jury trial is permissible, which could reduce disputes over trial rights. The change may simplify proceedings and reduce case resolution times in civil courts, as parties will have a clearer understanding of their rights under the amended rules. However, it does raise important considerations regarding access to justice for smaller claims.

Summary

Senate Bill 86 proposes amendments to the Louisiana Code of Civil Procedure, specifically pertaining to the monetary threshold for eligibility to a jury trial. The bill seeks to modify existing language regarding suits where individual claims do not exceed the specified monetary threshold. Currently, if the amount in controversy is below $50,000, certain stipulations affect the right to a trial by jury, which the bill revises to refer instead to the amount specified in 28 U.S.C. ยง 1332(a). This adjustment aims to align state procedures with federal standards on jurisdictional thresholds.

Sentiment

The sentiment around SB86 appears to be mixed. Proponents argue that amending the monetary threshold in line with federal law is a necessary and logical step that enhances legal clarity and protects litigants' rights. Conversely, opponents may voice concerns regarding the implications for individuals with claims near the new threshold, fearing that it could be more challenging for them to secure a jury trial. Thus, the dialogue reflects a broader tension between the desire for judicial efficiency and the need to protect access to jury trials for all litigants.

Contention

Notable contentious points revolve around the potential impact of changing the trial eligibility criteria. Critics of the bill might argue that adjusting the threshold based on a federal standard could disadvantage certain plaintiffs, particularly those with smaller claims who may be unjustly deprived of the opportunity for a jury trial. Furthermore, discussions around the bill may highlight broader concerns regarding access to the judicial system and how changes to procedural law can disproportionately affect vulnerable populations.

Companion Bills

No companion bills found.

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