Louisiana 2020 2020 Regular Session

Louisiana House Bill HB207 Introduced / Bill

                    HLS 20RS-547	ORIGINAL
2020 Regular Session
HOUSE BILL NO. 207
BY REPRESENTATIVE FIRMENT
CIVIL/JURY TRIALS:  Reduces the civil jury trial threshold amount incrementally over a
period of two years
1	AN ACT
2To amend and reenact Code of Civil Procedure Article 1732(1), relative to civil jury trials;
3 to provide relative to jury threshold amounts; to provide for an incremental reduction
4 of the jury threshold over two years; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  Code of Civil Procedure Article 1732(1) 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)  A Beginning August 1, 2020, through July 31, 2021, a suit where the
11 amount of no individual petitioner's cause of action exceeds fifty twenty-five
12 thousand dollars exclusive of interest and costs, except as follows:
13	(a)(i)  If an individual petitioner stipulates or otherwise judicially admits sixty
14 days or more prior to trial that the amount of the individual petitioner's cause of
15 action does not exceed fifty twenty-five thousand dollars exclusive of interest and
16 costs, a defendant shall not be entitled to a trial by jury.
17	(b)(ii)  If an individual petitioner stipulates or otherwise judicially admits for
18 the first time less than sixty days prior to trial that the amount of the individual
19 petitioner's cause of action does not exceed fifty twenty-five thousand dollars
20 exclusive of interest and costs, any other party may retain the right to a trial by jury
21 if that party is entitled to a trial by jury pursuant to this Article and has otherwise
22 complied with the procedural requirements for obtaining a trial by jury.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-547	ORIGINAL
HB NO. 207
1	(c)(iii)  Notwithstanding Subsubparagraphs (a) and (b) Items (i) and (ii) of
2 this Subparagraph Subsubparagraph, if, as a result of a compromise or dismissal of
3 one or more claims or parties which occurs less than sixty days prior to trial, an
4 individual petitioner stipulates or otherwise judicially admits that the amount of the
5 individual petitioner's cause of action does not exceed fifty twenty-five thousand
6 dollars exclusive of interest and costs, a defendant shall not be entitled to a trial by
7 jury.
8	(b)  Beginning August 1, 2021, through July 31, 2022, a suit where the
9 amount of no individual petitioner's cause of action exceeds fifteen thousand dollars
10 exclusive of interest and costs, except as follows:
11	(i)  If an individual petitioner stipulates or otherwise judicially admits sixty
12 days or more prior to trial that the amount of the individual petitioner's cause of
13 action does not exceed fifteen thousand dollars exclusive of interest and costs, a
14 defendant shall not be entitled to a trial by jury.
15	(ii)  If an individual petitioner stipulates or otherwise judicially admits for the
16 first time less than sixty days prior to trial that the amount of the individual
17 petitioner's cause of action does not exceed fifteen thousand dollars exclusive of
18 interest and costs, any other party may retain the right to a trial by jury if that party
19 is entitled to a trial by jury pursuant to this Article and has otherwise complied with
20 the procedural requirements for obtaining a trial by jury.
21	(iii) Notwithstanding Items (i) and (ii) of this Subsubparagraph, if, as a result
22 of a compromise or dismissal of one or more claims or parties which occurs less than
23 sixty days prior to trial, an individual petitioner stipulates or otherwise judicially
24 admits that the amount of the individual petitioner's cause of action does not exceed
25 fifteen thousand dollars exclusive of interest and costs, a defendant shall not be
26 entitled to a trial by jury.
27	(c)  Beginning August 1, 2022, a suit where the amount of no individual
28 petitioner's cause of action exceeds five thousand dollars exclusive of interest and
29 costs, except as follows:
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-547	ORIGINAL
HB NO. 207
1	(i)  If an individual petitioner stipulates or otherwise judicially admits sixty
2 days or more prior to trial that the amount of the individual petitioner's cause of
3 action does not exceed five thousand dollars exclusive of interest and costs, a
4 defendant shall not be entitled to a trial by jury.
5	(ii)  If an individual petitioner stipulates or otherwise judicially admits for the
6 first time less than sixty days prior to trial that the amount of the individual
7 petitioner's cause of action does not exceed five thousand dollars exclusive of
8 interest and costs, any other party may retain the right to a trial by jury if that party
9 is entitled to a trial by jury pursuant to this Article and has otherwise complied with
10 the procedural requirements for obtaining a trial by jury.
11	(iii)  Notwithstanding Items (i) and (ii) of this Subsubparagraph, if, as a result
12 of a compromise or dismissal of one or more claims or parties which occurs less than
13 sixty days prior to trial, an individual petitioner stipulates or otherwise judicially
14 admits that the amount of the individual petitioner's cause of action does not exceed
15 five thousand dollars exclusive of interest and costs, a defendant shall not be entitled
16 to a trial by jury.
17	*          *          *
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 207 Original 2020 Regular Session	Firment
Abstract:  Provides for the gradual reduction of the civil jury threshold amount over the
span of two years from $50,000 to $5,000.
Present law authorizes a civil jury trial when the amount in controversy exceeds $50,000.
Proposed law reduces the civil jury trial threshold from $50,000 to $25,000 beginning on
Aug. 1, 2020, to $15,000 beginning on Aug. 1, 2021, and to $5,000 beginning on Aug. 1,
2022.
(Amends C.C.P. Art. 1732(1))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.