Provides relative to civil jury trials and deposits for costs and expenses. (8/1/21) (2/3 - CA7s2.1(A)) (OR NO IMPACT LF RV See Note)
If enacted, SB 71 would streamline the process of requesting a jury trial by standardizing the payment structure associated with jury costs. This may help alleviate some of the financial burdens on parties seeking a jury trial, as it simplifies the requirements and ensures that any unspent deposits can be returned after jury costs have been settled. Furthermore, it allows the clerk of court to disburse funds from deposits as costs accrue, providing a more flexible financial approach during trial proceedings.
Senate Bill 71 proposes modifications to existing Louisiana civil procedure laws regarding civil jury trials and the financial obligations associated with them. Under the current law, parties requesting a jury trial must post a bond and pay jury filing fees. The bill aims to clarify and amend these financial requirements, including the timing and conditions for making deposits. Specifically, it requires an upfront payment of $150 as filing fees at the time of requesting a jury trial, along with the ability to assess further costs should the trial extend beyond the estimated length.
The sentiment surrounding SB 71 seems generally supportive among those who advocate for simplifying and making jury trial processes more accessible. Supporters argue that the changes will help potential litigants avoid pitfalls associated with complex financial obligations, especially for individuals or smaller entities that may hesitate to pursue jury trials due to factors like costs and procedural complexities. However, concerns may arise about how these changes will affect the reimbursement processes and the overall financial management of court resources.
Notable points of contention may arise from stakeholders who feel that the amendments could lead to unintended consequences, such as increased difficulty in managing jury costs or potential for disputes regarding the adequacy of deposits. Critics might argue that while the intention is to make jury trials more accessible, it could lead to backlogs if financial processes are not managed effectively. Additionally, adjustments to the bond amounts and the specifics related to disbursement might provoke discussions among legal practitioners and their clients about the benefits versus risks of these procedural changes.