HLS 15RS-746 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 136
BY REPRESENTATIVE HARRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/JURY TRIALS: Provides with respect to jury trials
1 AN ACT
2To amend and reenact Code of Civil Procedure Article 1732, relative to limitations on jury
3 trials; to remove the cause of action threshold amount required to be entitled to a jury
4 trial; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Civil Procedure Article 1732 is hereby amended and reenacted
7to read as follows:
8 Art. 1732. Limitation upon jury trials
9 A trial by jury shall not be available in:
10 (1) A suit where the amount of no individual petitioner's cause of action
11 exceeds fifty thousand dollars exclusive of interest and costs, except as follows:
12 (a) If an individual petitioner stipulates or otherwise judicially admits sixty
13 days or more prior to trial that the amount of the individual petitioner's cause of
14 action does not exceed fifty thousand dollars exclusive of interest and costs, a
15 defendant shall not be entitled to a trial by jury.
16 (b) If an individual petitioner stipulates or otherwise judicially admits for the
17 first time less than sixty days prior to trial that the amount of the individual
18 petitioner's cause of action does not exceed fifty thousand dollars exclusive of
19 interest and costs, any other party may retain the right to a trial by jury if that party
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-746 ORIGINAL
HB NO. 136
1 is entitled to a trial by jury pursuant to this Article and has otherwise complied with
2 the procedural requirements for obtaining a trial by jury.
3 (c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if,
4 as a result of a compromise or dismissal of one or more claims or parties which
5 occurs less than sixty days prior to trial, an individual petitioner stipulates or
6 otherwise judicially admits that the amount of the individual petitioner's cause of
7 action does not exceed fifty thousand dollars exclusive of interest and costs, a
8 defendant shall not be entitled to a trial by jury.
9 (2)(1) A suit on an unconditional obligation to pay a specific sum of money,
10 unless the defense thereto is forgery, fraud, error, want, or failure of consideration.
11 (3)(2) A summary, executory, probate, partition, mandamus, habeas corpus,
12 quo warranto, injunction, concursus, workers' compensation, emancipation,
13 tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce
14 proceeding.
15 (4)(3) A proceeding to determine custody, visitation, alimony, or child
16 support.
17 (5)(4) A proceeding to review an action by an administrative or municipal
18 body.
19 (6)(5) All cases where a jury trial is specifically denied by law.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 136 Original 2015 Regular Session Harris
Abstract: Removes the cause of action threshold amount required to be entitled to a jury
trial.
Present law prohibits certain suits from being tried before a jury, including suits where no
individual petitioner's cause of action exceeds $50,000.
Proposed law retains present law but removes the prohibition against a jury trial being
available if an individual petitioner's cause of action does not exceed $50,000.
(Amends C.C.P. Art. 1732)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.