SLS 20RS-268 ORIGINAL
2020 Regular Session
SENATE BILL NO. 45
BY SENATOR PEACOCK
CIVIL PROCEDURE. Provides for jury trial thresholds. (8/1/20)
1 AN ACT
2 To amend and reenact Code of Civil Procedure Art. 1732(1), relative to jury trials; to
3 provide for limitations on jury trials; to provide for certain threshold amounts; and
4 to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Civil Procedure Art. 1732(1) is hereby amended and reenacted
7 to 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 fifteen 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 fifteen thousand dollars exclusive of interest and costs,
16 a defendant shall not be entitled to a trial by jury.
17 (b) If an individual petitioner stipulates or otherwise judicially admits for the
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 45
SLS 20RS-268 ORIGINAL
1 first time less than sixty days prior to trial that the amount of the individual
2 petitioner's cause of action does not exceed fifty fifteen thousand dollars exclusive
3 of interest and costs, any other party may retain the right to a trial by jury if that
4 party is entitled to a trial by jury pursuant to this Article and has otherwise complied
5 with the procedural requirements for obtaining a trial by jury.
6 (c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if,
7 as a result of a compromise or dismissal of one or more claims or parties which
8 occurs less than sixty days prior to trial, an individual petitioner stipulates or
9 otherwise judicially admits that the amount of the individual petitioner's cause of
10 action does not exceed fifty fifteen thousand dollars exclusive of interest and costs,
11 a defendant shall not be entitled to a trial by jury.
12 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 45 Original 2020 Regular Session Peacock
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,
except in certain instances.
Proposed law reduces the cause of action threshold from $50,000 to $15,000, and retains
remainder of present law.
Effective August 1, 2020.
(Amends C.C.P. Art. 1732(1))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.