2021 Regular Session ENROLLED
SENATE BILL NO. 245(Substitute of Senate Bill No. 71 by Senator Bernard)
BY SENATOR BERNARD
1 AN ACT
2 To amend and reenact Code of Civil Procedure Arts. 1734(A) and 1734.1, relative to civil
3 jury trials; to provide for the costs and expenses related to jury trials; to provide for
4 the payment of jurors; to provide for certain deposits and amounts; to provide for
5 certain actions by the court and clerk; to provide certain terms, conditions, and
6 procedures; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Civil Procedure Articles 1734(A) and 1734.1 are hereby amended
9 and reenacted to read as follows:
10 Art. 1734. Fixing the bond; calling the jury venire
11 A. Except as otherwise provided by R.S. 13:3105 et seq., when the case has
12 been set for trial, the court shall fix the amount of the bond to cover all costs
13 estimated by the court related to the trial by jury and shall fix the time for filing the
14 bond, which shall be no later than sixty days prior to trial. Notice of the fixing of the
15 bond shall be served on all parties. If the bond is not filed timely, any other party
16 shall have an additional ten days to file the bond.
17 * * *
18 Art. 1734.1. Cash deposit; procedure
19 A. When the case has been set for trial, the court may order, in lieu of the
20 bond required in Article 1734, a deposit for costs, which shall be a specific cash
21 amount estimated by the court, and the court shall fix the time for making the
22 deposit, which shall be no later than thirty days prior to trial. The deposit shall
23 include sufficient funds for payment of all costs associated with a jury trial,
24 including juror fees and expenses and charges of the jury commission, clerk of court,
25 and sheriff. The required deposit shall not exceed two five thousand dollars for the
ACT No. 382
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. 245 ENROLLED
1 first day, and four hundred one thousand dollars per day for each additional day the
2 court estimates the trial will last. Notice of the fixing of the deposit shall be served
3 on all parties. If the deposit is not timely made, any other party shall have an
4 additional ten days to make the required deposit. Failure to post the cash deposit
5 shall constitute a waiver of a trial by jury. However, no cash deposit shall be required
6 of an applicant for a jury trial under the provisions of this Article if waived or an
7 order is rendered, pursuant to Chapter 5 of Title I of Book IX of the Code of Civil
8 Procedure, permitting the applicant to litigate or continue to litigate without payment
9 of costs in advance or furnishing security therefor.
10 B. When the deposit has been filed, the clerk of court shall order the jury
11 commission to draw a sufficient number of jurors to try and determine the
12 cause, such drawing to be made in accordance with R.S. 13:3044.
13 C. The clerk of court may disburse funds from the cash deposit for payment
14 of all or a part of the jury costs as such costs accrue. The clerk shall keep a record of
15 funds disbursed by him from the cash deposit.
16 C.D. The court may require an additional amount deposit to be filed during
17 the trial if the original amount of the cash deposit is insufficient to pay jury costs.
18 D.E. The funds disbursed from the cash deposit for payment of jury costs
19 shall be assessed as costs of court.
20 E.F. After payment of all jury costs, any unexpended amounts remaining in
21 the cash on deposit shall be refunded by the clerk of court to the party or attorney
22 filing the cash deposit.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.