Suspends provision of law relative to jury trial threshold (Item #40) (RE SEE FISC NOTE GF EX)
If enacted, HCR20 would have temporary effects on the current legal system by suspending the existing threshold for accessing jury trials in civil cases. This could open the door for litigants whose claims fall below the current threshold to seek jury trials, thereby altering the dynamics of legal proceedings. The suspension is positioned as a stopgap measure to provide the legislature with time to deliberate on necessary revisions to Article 1732(1) to align with broader ambitions for tort reform and a more accessible civil justice system.
House Concurrent Resolution No. 20 (HCR20) was introduced to suspend the jury trial threshold provision specified in Louisiana Code of Civil Procedure Article 1732(1). This resolution aims to address concerns within the legislature regarding the threshold for civil suits, where a jury trial is typically unavailable for claims that do not exceed $50,000. The suspension is seen as a potential step towards enabling further legislative examinations and amendments to the existing law, in line with ongoing tort reform initiatives aimed at reducing motor vehicle insurance premiums.
The general sentiment around HCR20 appears to lean towards support among certain legislative factions, particularly those advocating for tort reform and lower insurance costs. However, debate ensued regarding its implications, prompting caution from some members who fear that suspending the threshold could lead to an increase in frivolous lawsuits. Thus, while proponents perceive this resolution as a step forward, opponents raise concerns about potential consequences for the judicial system and insurance markets.
The resolution's primary contention revolves around its relationship with House Bill No. 57 of the 2020 First Extraordinary Session. HCR20 would only take effect if HB57 is not enacted or vetoed. This conditionality creates a context of uncertainty, as legislators and stakeholders are concerned about the ramifications of potentially altering the jury trial threshold without comprehensive reforms that would address broader systemic issues. The tension lies in the balance of ensuring that access to justice is preserved while safeguarding against misuse of the judicial process.