Louisiana 2020 Regular Session

Louisiana House Bill HB730 Latest Draft

Bill / Introduced Version

                            HLS 20RS-1071	ORIGINAL
2020 Regular Session
HOUSE BILL NO. 730
BY REPRESENTATIVE WILFORD CARTER
CIVIL/JURIES:  Provides for increasing the jury trial threshold
1	AN ACT
2To amend and reenact Code of Civil Procedure Article 1732(1), relative to jury trials; to
3 provide for the jury trial threshold; to provide for increasing certain monetary
4 threshold amounts; 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 suit where the amount of no individual petitioner's cause of action
11 exceeds fifty one hundred thousand dollars exclusive of interest and costs, except as
12 follows:
13	(a)  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 one hundred thousand dollars exclusive of interest and
16 costs, a defendant shall not be entitled to a trial by jury.
17	(b)  If an individual petitioner stipulates or otherwise judicially admits for the
18 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 one hundred thousand dollars
20 exclusive of interest and costs, any other party may retain the right to 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-1071	ORIGINAL
HB NO. 730
1 if that party is entitled to a trial by jury pursuant to this Article and has otherwise
2 complied with the procedural requirements for obtaining a trial by jury.
3	(c)  Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if,
4 as a result of a compromise or dismissal of one or more claims or parties which
5 occurs less than sixty days prior to trial, an individual petitioner stipulates or
6 otherwise judicially admits that the amount of the individual petitioner's cause of
7 action does not exceed fifty one hundred thousand dollars exclusive of interest and
8 costs, a defendant shall not be entitled to a trial by jury.
9	*          *          *
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 730 Original 2020 Regular Session Wilford Carter
Abstract: Increases the jury trial threshold from $50,000 to $100,000.
Present law prohibits certain suits from being tried before a jury, including suits where no
individual petitioner's cause of action exceeds $50,000, exclusive of interest and costs, with
certain exceptions.
Proposed law increases the threshold for a jury trial from $50,000 to $100,000.
(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.