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2019 Regular Session
HOUSE BILL NO. 213
BY REPRESENTATIVE HUVAL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/JURY TRIALS: Provides relative to expedited jury trials
1 AN ACT
2To enact Code of Civil Procedure Articles 1553, 1571(A)(3), and 4872(C) and Chapter 8 of
3 Title V of Book II of the Code of Civil Procedure, to be comprised of Articles 1815
4 through 1838, relative to expedited jury trials; to provide for the procedures for
5 expedited jury trials; to provide for pretrial conferences; to provide for special
6 assignment by court rule; to provide that motions of summary judgment be filed
7 prior to trial; to provide for the number of jurors; to provide that a cash deposit for
8 all costs associated with jury costs be timely made; to provide for the service,
9 swearing, and examination of jurors; to provide for the selection of a foreperson; to
10 provide for challenges for cause; to provide for peremptory challenges; to provide
11 for a time limit for an expedited jury trial; to provide for expert witnesses, their fees,
12 and the presentation of their evidence; to provide for the admittance of exhibits; to
13 provide for charges to the jury; to provide for the use of juror notes; to authorize
14 jurors to take evidence into the jury room; to provide for the number of jurors needed
15 for the court to render a verdict; to provide for general verdicts; to provide for verdict
16 forms and interrogatories; to provide for post-verdict relief; to provide for appeals;
17 to prohibit transfer of certain actions to district court; and to provide for related
18 matters.
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1Be it enacted by the Legislature of Louisiana:
2 Section 1. Code of Civil Procedure Articles 1553, 1571(A)(3), and 4872(C) and
3Chapter 8 of Title V of Book II of the Code of Civil Procedure, comprised of Articles 1815
4through 1838, are hereby enacted to read as follows:
5 Art. 1553. Expedited jury trial pretrial conference; order
6 A. If an expedited jury trial has been requested, the parties shall prepare and
7 present to the court at the pretrial conference a proposed joint pretrial order
8 containing the following:
9 (1) A list of all witnesses for each party.
10 (2) A list of all exhibits for each party.
11 (3) A list of all experts and a designation as to whether each of them will
12 testify in person, by report, or by deposition.
13 (4) A certification that each party can present its case within the time limits
14 of Article 1828.
15 B. The pretrial order may, by agreement of the parties, contain additional
16 stipulations, which shall be binding on the court and all parties, including but not
17 limited to the following:
18 (1) A limitation of damages to an amount not in excess of the stated limits
19 of a policy of insurance.
20 (2) Any maximum or minimum amounts that shall apply to the jury's verdict.
21 (3) A waiver of any provision of the Code of Evidence.
22 (4) An agreement as to the payment of the cash deposit for the jury costs.
23 C. Subject to the provisions of Article 1816, the court shall conduct the
24 expedited jury trial within one hundred twenty days after the pretrial conference.
25 D. Subject to the provisions of Article 1571, the date of the expedited jury
26 trial shall be set at the pretrial conference even if discovery has not yet been
27 completed.
28 E. In the pretrial order, the court shall fix the deadline for filing the cash
29 deposit, which shall be no later than thirty days prior to trial.
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1 F. The parties and their attorneys, as well as the court, shall sign the pretrial
2 order and file it into the record. The signatures of a party and his attorney shall
3 constitute a certification that the party agreed to the terms of the pretrial order and
4 an expedited jury trial.
5 G. The court may amend a pretrial order at any time, but only with the
6 agreement of all parties.
7 * * *
8 Art. 1571. Assignment by court rule
9 A.
10 * * *
11 (3) These rules shall require the assignment of an expedited jury trial
12 pursuant to Article 1815 et seq., to be assigned by special setting only and shall
13 prohibit the assignment of a case for an expedited jury trial to upset a previously
14 assigned civil or criminal trial.
15 * * *
16 CHAPTER 8. EXPEDITED JURY TRIALS
17 Art. 1815. Expedited jury trials
18 An expedited jury trial is a method of trial by jury in which the parties
19 present their evidence in an efficient, expedited fashion.
20 Art. 1816. Joint motion for an expedited jury trial
21 Upon joint motion of all parties for an expedited jury trial, the court shall set
22 the matter for a pretrial conference in accordance with Article 1553 to be held within
23 forty-five days after the filing of the motion. The court shall grant the parties' joint
24 motion for an expedited jury trial unless the court, in its discretion, finds that an
25 expedited jury trial is not in the best interest of justice. An expedited jury trial shall
26 be allowed whether or not any party previously requested a trial by jury and, upon
27 consent of all parties, whether or not the petitioner's cause of action exceeds fifty
28 thousand dollars exclusive of interests and costs.
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1 Art. 1817. Agreement for an expedited jury trial; prohibition
2 An agreement to try an action by expedited jury trial shall not be made prior
3 to the institution of the action.
4 Art. 1818. Cash deposit; procedure
5 A. The court shall fix the cash deposit for the jury costs at an amount
6 sufficient for payment of all costs associated with the expedited jury trial, including
7 juror fees and expenses and charges of the clerk of court.
8 B. If the deposit is not timely made, the other parties shall have an additional
9 ten days to make the required deposit.
10 C. When an expedited jury trial has been granted in a suit against the state,
11 a state agency, or a political subdivision, payment of the cash deposit shall be in
12 accordance with R.S. 13:5105.
13 Art. 1819. Motion for summary judgment
14 All motions for summary judgment in which an expedited jury trial has been
15 granted shall be filed at least sixty-five days prior to the trial date.
16 Art. 1820. Jurors
17 In cases to be tried by an expedited jury trial, six jurors shall be chosen by lot
18 to try all issues.
19 Art. 1821. Service to jurors
20 All jurors shall be served by regular mail.
21 Art. 1822. Swearing of juror before examination
22 Before being examined, every prospective juror shall be sworn and shall
23 affirm to answer truthfully such questions as may be propounded to him.
24 Art. 1823. Examination of juror
25 A. The court shall examine prospective jurors as to their qualifications and
26 may conduct such further examination as it deems appropriate.
27 B. The parties or their attorneys may individually conduct an examination
28 of all prospective jurors, not to exceed a total of twenty minutes for each side.
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1 Art. 1824. Challenges for cause
2 A juror may be challenged for cause in accordance with Articles 1765
3 through 1767.
4 Art. 1825. Peremptory challenges
5 Each side is allowed two peremptory challenges. If there is more than one
6 party on any side, the court may allow each side one additional challenge.
7 Art.1826. Swearing of jurors; selection of foreperson
8 The jurors shall be sworn and the foreperson shall be selected in accordance
9 with Article 1768.
10 Art. 1827. Alternate jurors
11 No alternate juror shall be called or selected in an expedited jury trial.
12 Art. 1828. Procedure in expedited jury trials
13 A. Each side shall be allowed three hours to present its case, including
14 opening statements, direct examination, cross-examination, rebuttal, and closing
15 arguments. Opening statements shall not exceed ten minutes for each side, and
16 closing arguments shall not exceed fifteen minutes for each side. Time spent on
17 objections and bench conferences are not included in the time limits.
18 B. Notwithstanding the time limitations in Paragraph A of this Article, the
19 court shall retain control over the interrogation of witnesses and presentation of
20 evidence in accordance with Code of Evidence Article 611. The court may, in its
21 discretion, extend the time limitations in Paragraph A of this Article if it finds that
22 a party, his attorney or representative, or a witness is causing the needless
23 consumption of time.
24 Art. 1829. Exhibits
25 A. At least thirty days prior to the jury trial, the parties shall exchange copies
26 of all proposed exhibits they plan to offer at trial.
27 B. Objections to exhibits shall be made at least twenty days prior to the trial.
28 At least five days prior to trial, the court shall rule on the admissibility of any exhibit
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1 to which an objection has been made. If no objection is made at least twenty days
2 prior to the trial, the exhibit shall be admitted.
3 C. All exhibits shall be marked and admitted into evidence at the beginning
4 of trial.
5 Art. 1830. Expert witnesses
6 A. Expert witnesses may testify in person, or their testimony may be
7 presented by reports, depositions, or video depositions. If an expert witness is called
8 to testify in person at trial, the party calling the expert shall be responsible for all of
9 his expert fees, which shall not be taxed as court costs.
10 B. All motions challenging the qualifications or methodologies of an expert
11 witness shall be filed and heard by the court in accordance with Article 1425(F).
12 C. An expert who is listed in the pretrial order shall be allowed to testify at
13 trial unless the court precludes his testimony by an order issued in response to a
14 pretrial motion.
15 D. All expert reports to be introduced at trial shall be exchanged prior to the
16 pretrial conference.
17 Art. 1831. Charge to jury
18 A. At any time during the trial, the court may instruct the jury on the law
19 applicable to any issue in the case.
20 B. After the trial of the case and the presentation of all the evidence and
21 arguments, the court shall give a charge to the jury on the applicable law. The court
22 shall provide to the parties a written copy of the charge prior to the trial.
23 C. The jury may take with them or have sent to them a written copy of all
24 instructions and charges.
25 Art. 1832. Juror notes
26 Jurors shall be permitted to take notes in accordance with Article 1794.
27 Art. 1833. Taking evidence into the jury room
28 The court shall allow the jury to take with them into the jury room any object,
29 writing, or exhibit, except depositions, that has been admitted into evidence.
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1 Art. 1834. Verdict; number of jurors required
2 Five of the six jurors must concur to render a verdict unless the parties
3 stipulate otherwise. In the event that one juror becomes unable to serve, four out of
4 the five remaining jurors must concur to render a verdict. If there are fewer than five
5 jurors, a mistrial shall be granted, unless the parties agree otherwise on the record.
6 Art. 1835. General verdict
7 A. The court shall submit to the jury the general verdict form and written
8 interrogatories agreed upon by all parties.
9 B. If the parties cannot agree on a verdict form and interrogatories, the court
10 shall inform the parties, prior to closing arguments, of the verdict form and
11 interrogatories it intends to submit to the jury. The parties shall be given a
12 reasonable opportunity to make any objections to the court's verdict form and
13 interrogatories.
14 Art. 1836. Post verdict relief
15 After an expedited jury trial, any party may file motions in accordance with
16 Articles 1811, 1814, and 1971 through 1979. The parties shall not waive these rights
17 by stipulation in open court or in the pretrial order.
18 Art. 1837. Appeals
19 Following an expedited jury trial, the parties shall be allowed to appeal in
20 accordance with the procedure for appeals in Chapter 2 of Title I of Book III of this
21 Code. The parties shall not waive the right to appeal in the pretrial order or by
22 stipulation in open court.
23 Art. 1838. Applicability of general rules of trial by jury
24 Except as expressly provided in this Chapter, the general rules applicable to
25 trial by jury shall apply.
26 * * *
27 Art. 4872. Transfer to district court
28 * * *
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1 C. When a principal demand commenced in a court of limited jurisdiction
2 is one in which the parties are not entitled to a trial by jury under Article 1732(1), the
3 parties shall not be entitled to transfer an action to district court for an expedited trial
4 by jury under Article 1816.
5 Section 2. The provisions of this Act become effective on January 1, 2020, and shall
6apply to all actions pending on that date or filed thereafter.
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 213 Engrossed 2019 Regular Session Huval
Abstract: Establishes expedited jury trials, provides for the availability of expedited jury
trials in certain civil matters, and provides for the procedures for an expedited jury
trial.
Proposed law provides procedures for expedited jury trials.
Proposed law (C.C.P. Art. 1553) provides that the court shall schedule a pretrial conference
with the parties, that the parties shall have a pretrial order at the pretrial conference, and that
the parties shall certify that they agree to an expedited jury trial.
Present law (C.C.P. Art. 1571) provides for assignment of cases for trial by court rule.
Proposed law retains present law and requires that an expedited jury trial be set by special
assignment and prohibits the setting from upsetting a previously assigned civil or criminal
trial.
Proposed law (C.C.P. Art. 1816) provides that upon a joint motion of all parties, the court
shall set the matter for a pretrial conference in accordance with Art. 1553 to be held within
45 days of the filing of the motion. Further provides the court with discretion in granting
the motion for an expedited jury trial if it is not in the best interest of justice and allows the
parties to consent to an expedited jury trial even when the cause of action does not exceed
$50,000.
Proposed law (C.C.P. Art. 1817) prohibits parties from agreeing to an expedited jury trial
in advance of the institution of the action.
Proposed law (C.C.P. Art. 1818) provides the amount that the court shall fix for the cash
deposit for an expedited jury trial and the time period during which the deposit must be
made. Requires cash deposits in expedited jury trials against the state, a state agency, or a
political subdivision to be made in accordance with present law.
Present law (R.S. 13:5105) provides limitations on jury trials against the state, requires party
demanding jury trial to pay all costs, including posting of a bond or cash deposit, exempts
the state, state agency, or state employee from the payment of any costs required for a jury
trial in certain cases.
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Proposed law (C.C.P. Art. 1819) provides that parties to an expedited jury trial shall file all
motions for summary judgment 65 days prior to the trial date.
Proposed law (C.C.P. Art. 1820) provides that six jurors shall be chosen by lot to try all
issues present in an expedited jury trial.
Proposed law (C.C.P. Art. 1821) provides that all jurors of an expedited jury trial shall be
served by regular mail.
Proposed law (C.C.P. Art. 1822) provides that before examination, every prospective juror
shall be sworn and affirm to answer truthfully questions asked of him.
Proposed law (C.C.P. Art. 1823) provides that the court shall examine prospective jurors,
and the parties may conduct an examination of all such jurors but no more than 20 minutes
in total.
Proposed law (C.C.P. Art. 1824) provides that a juror can be challenged for cause in
accordance with present law (C.C.P. Arts. 1765-1767).
Proposed law (C.C.P. Art. 1825) provides that each side is allowed two peremptory
challenges, but if there is more than one party on either side, the court can allow additional
challenges.
Proposed law (C.C.P. Art. 1826) provides that jurors shall be sworn and a foreperson
selected in accordance with present law (C.C.P. Art. 1768).
Proposed law (C.C.P. Art. 1827) provides that no alternate jurors shall be called or selected
in an expedited jury trial.
Proposed law (C.C.P. Art. 1828) provides that the entire expedited jury trial shall not exceed
six hours, the opening statements shall not exceed 10 minutes per side, closing arguments
shall not exceed 15 minutes per side, and that time spent on objections and bench conference
does not count against the six-hour time limit. Further provides the court may extend the
time limitations in certain circumstances.
Proposed law (C.C.P. Art. 1829) provides that no later than 30 days prior to trial, the parties
shall exchange all exhibits they plan to offer at trial, the time limits during which a party can
object to exhibits, when the court must rule on the admissibility of the exhibits, and when
exhibits shall be marked and admitted into evidence.
Proposed law (C.C.P. Art. 1830) provides for expert witnesses to testify in person, by
reports, depositions, or video depositions and that each side shall pay for his expert fees, that
all motions challenging an expert shall be filed and heard in accordance with present law
(C.C.P. Art. 1425(F)), and that all expert reports to be used at trial shall be exchanged prior
to the pre-trial conference.
Proposed law (C.C.P. Art. 1831) provides that the court may instruct the jury as to any
applicable law, that the court shall provide the parties a written copy of the charge prior to
the trial, and that the jury can take with it or have sent to it a written copy of all instructions
and charges.
Proposed law (C.C.P. Art. 1832) provides that jurors can take notes, in accordance with
present law (C.C.P. Art. 1794).
Proposed law (C.C.P. Art. 1833) provides that jurors can take any object, writing, or exhibit
that has been admitted into evidence, with the exception of depositions, into the jury room.
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Proposed law (C.C.P. Art. 1834) provides for the number of jurors that must concur for a
verdict to be rendered, and that if fewer than five agree, a mistrial must be granted unless the
parties agree otherwise on the record.
Proposed law (C.C.P. Art. 1835) provides that the court shall submit the general verdict form
and interrogatories agreed upon by the parties; otherwise, the court shall give the parties a
reasonable time to object to the court's supplied verdict form and interrogatories.
Proposed law (C.C.P. Art. 1836) provides that any party may file a motion for judgment
notwithstanding the verdict, remittitur or additur, or a new trial in accordance with present
law (C.C.P. Arts. 1811, 1814, and 1971-1979) and prohibits the party from waiving these
rights.
Proposed law (C.C.P. Art. 1837) provides that a party may appeal in accordance with the
procedure for appeals in present law and prohibits the party from waiving these rights.
Proposed law (C.C.P. Art. 1838) provides that except as provided for in proposed law, the
general rules applicable to jury trials apply.
Present law (C.C.P. Art. 4872) provides for transfer of cases in certain cases to district court.
Proposed law retains present law and prohibits parties from moving for an expedited jury
trial and requesting a transfer to district court when the principal demand originates in a
court of limited jurisdiction and the parties are not entitled to a trial by jury because the
cause of action does not exceed $50,000.
Effective Jan. 1, 2020.
(Adds C.C.P. Arts. 1553, 1571(A)(3), 4872(C), and 1815-1838)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Change the time period within which to file a motion for summary judgment
from sixty days to sixty-five days prior to the trial date to be consistent with
present law.
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