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 46 Original 2020 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 the party
demanding a jury trial to pay all costs, including posting of a bond or cash deposit, and exempts the
state, state agency, or state employee from the payment of any costs required for a jury trial in certain
cases.
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
any method authorized by law.
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 for no more than 20 minutes in total.
Proposed law (C.C.P. Art. 1824) provides that a juror may 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 may 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 conferences does not count
against the six-hour time limit. Further provides that 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 and provides the time limits during which a party may
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 or by reports,
depositions, or video depositions and provides that each side shall pay for his expert fees, provides
that all motions challenging an expert shall be filed and heard in accordance with present law (C.C.P.
Art. 1425(F)), and provides 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 may 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 may take notes, in accordance with present law
(C.C.P. Art. 1794).
Proposed law (C.C.P. Art. 1833) provides that jurors may take any object, writing, or exhibit that
has been admitted into evidence, with the exception of depositions, into the jury room.
Proposed law (C.C.P. Art. 1834) provides for the number of jurors that must concur for a verdict to
be rendered.
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 by proposed law, the general rules
applicable to jury trials apply.
Present law (C.C.P. Art. 4872) provides for transfer of cases in certain circumstances 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, 2021.
(Adds C.C.P. Arts. 1553, 1571(A)(3), 1815-1838, and 4872(C))