RDCSB245 3645 3719
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)]
SB 245 Engrossed 2021 Regular Session Bernard
Present law (Art. 1734) requires generally that when the case has been set for trial, the court
fix the amount of the bond to cover all costs related to the trial by jury and fix the time for
filing the bond, which shall be no later than 60 days prior to trial. Requires that notice of the
fixing of the bond be served on all parties. Provides that if the bond is not filed timely, any
other party shall have an additional 10 days to file the bond. Requires that when the bond
has been filed, the clerk of court order the jury commission to draw a sufficient number of
jurors to try and determine the cause, such drawing to be made in accordance with law.
Proposed law provides that the costs are to be estimated by the court. Otherwise retains
present law.
Present law (Art. 1734.1) provides that when the case has been set for trial, the court may
order, in lieu of the bond required in Article 1734, a deposit for costs, which shall be a
specific cash amount, and the court shall fix the time for making the deposit, which shall be
no later than 30 days prior to trial. Requires that the required deposit not exceed $2,000 for
the first day and $400 per day for each additional day the court estimates the trial will last.
Proposed law increases the maximum deposit to $5,000 for the first day and $1,000 per day
for each additional day the court estimates the trial will last. Requires that when the deposit
has been filed, the clerk of court order the jury commission to draw a sufficient number of
jurors to try and determine the cause, such drawing to be made in accordance with law.
Present law requires that the clerk keep a record of funds disbursed by him from the cash
deposit. Authorizes the court to require an additional amount to be filed during the trial if
the original amount of the cash deposit is insufficient to pay jury costs. Requires that funds
disbursed from the cash deposit for payment of jury costs be assessed as costs of court.
Requires that after payment of all jury costs, any unexpended amounts remaining in the
deposit be refunded by the clerk to the party filing the cash deposit. Proposed law requires
that any unexpended amounts remaining on deposit be refunded to the party or attorney
filing the deposit. Proposed law otherwise retains present law.
Effective Aug. 1, 2021.
(Amends C.C.P. Arts. 1734(A) and 1734.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the engrossed bill:
1. Remove authority of the clerk to estimate costs.
2. Require the court to fix the time to make the deposit no later than 30, rather than
60, days prior to trial.
3. Lower the maximum required deposit from $15,000 to $5,000.
4. Remove language allowing the court to order a deposit in excess of the statutory
amount upon contradictory motion of the clerk.
5. Authorize, rather than require, the clerk of court to disburse funds from the cash
deposit.
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6. Authorize, rather than require, the court to require an additional deposit.
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