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 57 Original 2020 First Extraordinary Session Schexnayder
Abstract: Creates the Civil Justice Reform Act of 2020 which reduces the threshold for a jury trial,
provides for the transfer of cases from courts of limited jurisdiction to district courts in
accidents arising from the operation or control of a motor vehicle, provides for evidence of
medical expense payments, and repeals the limitation on presenting evidence of the failure
to wear a safety belt.
Proposed law creates the Civil Justice Reform Act of 2020.
Jury Trials
Present law (C.C.P. Art. 1732) authorizes a jury trial when the amount in controversy exceeds
$50,000.
Proposed law reduces the threshold for a jury trial to $10,000.
Present law provides that where a principal demand is commenced in a parish or city court in which
the defendant would otherwise be entitled to trial by jury, the defendant may obtain a jury trial by
transferring the action to the district court in the manner provided by present law.
Proposed law limits present law to allow only for the transfer of causes of action arising from the
operation or control of any motor vehicle, aircraft, watercraft, or other means of conveyance.
Proposed law provides that a party may transfer a cause of action only if jury bond is posted in the
court where the jury is requested within 15 days of the court's order to transfer to district court, and
if the party fails to do so, the action shall be transferred back to the court of limited jurisdiction
where the action was originally filed.
Evidence of medical payments
Present law provides that in a civil case, evidence of furnishing or offering or promising to pay
expenses or losses occasioned by an injury to person or damage to property is not admissible to
prove liability for the injury or damage.
Proposed law retains present law.
Present law provides that evidence of furnishing or offering or promising to pay expenses or losses is not admissible to mitigate, reduce, or avoid liability therefor.
Proposed law repeals present law and provides that in all civil actions where damages for any
medical or hospital expenses are claimed and are legally recoverable for personal injury or death,
evidence that the plaintiff's medical or hospital expenses have been or will be paid or reimbursed
shall be admissible.
Present law does not require the exclusion of evidence of furnishing or offering or promising to pay
expenses or losses occasioned by an injury to person or damage to property when it is offered solely
for another purpose, such as to enforce a contract for payment.
Proposed law retains present law.
Evidence of Failure to Wear a Safety Belt
Present law (R.S. 32:295.1(E)) provides that the failure to wear a safety belt in violation of present
law shall not be admitted to mitigate damages in any action to recover damages arising out of the
ownership, common maintenance, or operation of motor vehicle, and the failure to wear a safety belt
in violation of present law shall not be considered evidence of comparative negligence.
Proposed law repeals present law.
Effective Date
Proposed law provides that the provisions of proposed law shall become effective on Jan. 1, 2021,
and shall have prospective application only and shall not apply to a cause of action arising or action
pending prior to Jan. 1, 2021.
(Amends C.C.P. Arts. 1732(1) and 4872 and C.E. Art. 409; Adds C.C.P. 4873.1; Repeals R.S.
32:295.1(E))