SLS 21RS-317 ORIGINAL
2021 Regular Session
SENATE BILL NO. 71
BY SENATOR BERNARD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL PROCEDURE. Provides relative to civil jury trials and deposits for costs and
expenses. (8/1/21) (2/3 - CA7s2.1(A))
1 AN ACT
2 To amend and reenact R.S. 13:3049(B)(2)(a) and (d), and Code of Civil Procedure Articles
3 1733(A), 1734, and 1734.1, relative to civil jury trials; to provide for the costs and
4 expenses related to jury trials; to provide for the payment of jurors; to provide for
5 certain deposits and amounts; to provide for certain actions by the court and clerk;
6 to provide certain terms, conditions, and procedures; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 13:3049(B)(2)(a) and (d) are hereby amended and reenacted to read
10 as follows:
11 ยง3049. Cash deposit; bond; duty to attend; compensation; procedure; filing fees
12 * * *
13 B.(1)(a) * * *
14 (2)(a) Except as provided by special law, the jurors in civil cases who attend
15 may demand and receive fifty dollars for each day of attendance in court and an
16 amount equal to the rate in effect for state officials for each mile necessarily traveled
17 in going to and returning from the courthouse. Only one charge shall be made for
Page 1 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 71
SLS 21RS-317 ORIGINAL
1 mileage each way. At the time of posting bond requesting a jury trial, the party
2 praying for the jury shall pay to the clerk of court the sum of one hundred and fifty
3 dollars as jury filing fees. In addition, prior to the commencement of the trial, the
4 party praying for the jury shall post a bond pursuant to Code of Civil Procedure
5 Article 1734 or deposit the amount ordered by the court pursuant to Code of Civil
6 Procedure Article 1734.1 1733. If the trial exceeds the estimated number of days, the
7 party praying for the jury shall post an additional bond or make an additional deposit
8 as ordered by the court. However, no party praying for a jury trial under the
9 provisions of this Subsection shall be required to pay any costs or advance deposit
10 imposed under the provisions of this Subsection if such has been waived or an order
11 is rendered, pursuant to Chapter 5 of Title I of Book IX of the Code of Civil
12 Procedure, permitting the applicant to litigate or continue to litigate without payment
13 of such costs or furnishing security therefor.
14 * * *
15 (d) Any unexpended portion of a deposit made as herein provided shall be
16 returned to the party or attorney making such deposit and any bond filed shall be
17 cancelled in the event that the matter in which trial by jury has been requested has
18 been tried, settled, determined, or otherwise disposed of for any reason, without
19 having been tried by a jury.
20 * * *
21 Section 2. Code of Civil Procedure Articles 1733(A), 1734, and 1734.1 are hereby
22 amended and reenacted to read as follows:
23 Art. 1733. Demand for jury trial; bond for costs
24 A.(1) Except as provided in Subparagraph (2) of this Paragraph, a party may
25 obtain a trial by jury by filing a pleading demanding a trial by jury and a bond in the
26 amount and within the time set by the court pursuant to Article 1734, and providing
27 a cash deposit of five thousand dollars no later than sixty days after filing the
28 request for a trial by jury. Failure to post the cash deposit as required by this
29 Subparagraph shall constitute a waiver of the trial by jury. This cash deposit
Page 2 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 71
SLS 21RS-317 ORIGINAL
1 shall be subject to Article 1734.1(E).
2 (2)(a) In a suit for damages arising from a delictual or quasi-delictual action
3 where an individual petitioner stipulates or otherwise judicially admits that his cause
4 of action exceeds ten thousand dollars and is less than fifty thousand dollars, a party
5 may obtain a trial by jury by filing a pleading demanding a trial by jury and
6 providing a cash deposit of five thousand dollars no later than sixty days after filing
7 the request for a trial by jury. Failure to post the cash deposit as required by this
8 Subparagraph shall constitute a waiver of the trial by jury. This cash deposit shall be
9 subject to Article 1734.1(E).
10 (b) When the case is set for trial, the court may shall additionally provide for
11 a supplemental bond or cash deposit in accordance with Article 1734 or 1734.1.
12 * * *
13 Art. 1734. Fixing the bond deposit; calling the jury venire
14 A. Except as otherwise provided by R.S. 13:3105 et seq., when the case has
15 been set for trial, the court shall fix the amount of the bond deposit to cover all costs
16 estimated by the clerk related to the trial by jury and shall fix the time for filing the
17 bond deposit, which shall be no later than sixty days prior to trial. Notice of the
18 fixing of the bond deposit shall be served on all parties. If the bond deposit is not
19 filed timely, any other party shall have an additional ten days to file the bond
20 deposit.
21 B. When the bond deposit has been filed, the clerk of court shall order the
22 jury commission to draw a sufficient number of jurors to try and determine the cause,
23 such drawing to be made in accordance with R.S. 13:3044.
24 Art. 1734.1. Cash deposit; procedure
25 A. When the case has been set for trial, the court may shall order, in lieu of
26 the bond required in Article 1734, a deposit for costs, which shall be a specific cash
27 amount estimated by the clerk, and the court shall fix the time for making the
28 deposit, which shall be no later than thirty sixty days prior to trial. The deposit shall
29 include sufficient funds for payment of all costs associated with a jury trial,
Page 3 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 71
SLS 21RS-317 ORIGINAL
1 including juror fees and expenses and charges of the jury commission, clerk of court,
2 and sheriff. The required deposit shall not exceed two ten thousand dollars for the
3 first day and four hundred one thousand dollars per day for each additional day the
4 court estimates the trial will last. Notice of the fixing of the deposit shall be served
5 on all parties. If the deposit is not timely made, any other party shall have an
6 additional ten days to make the required deposit. Failure to post the cash deposit
7 shall constitute a waiver of a trial by jury. However, no cash deposit shall be required
8 of an applicant for a jury trial under the provisions of this Article if waived or an
9 order is rendered, pursuant to Chapter 5 of Title I of Book IX of the Code of Civil
10 Procedure, permitting the applicant to litigate or continue to litigate without payment
11 of costs in advance or furnishing security therefor.
12 B. The clerk of court may shall disburse funds from the cash deposit for
13 payment of all or a part of the jury costs as such costs accrue. The clerk shall keep
14 a record of funds disbursed by him from the cash deposit.
15 C. The court may shall require an additional amount deposit to be filed
16 during the trial if the original amount of the cash deposit is insufficient to pay jury
17 costs.
18 D. The funds disbursed from the cash deposit for payment of jury costs shall
19 be assessed as costs of court.
20 E. After payment of all jury costs, any unexpended amounts remaining in the
21 cash on deposit shall be refunded by the clerk of court to the party or counsel filing
22 the cash deposit.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
SB 71 Original 2021 Regular Session Bernard
Present law (R.S. 13:3049) requires at the time of posting bond, the party praying for the
jury must pay to the clerk of court the sum of $150 as jury filing fees and prior to the
commencement of the trial, the party praying for the jury must post a bond pursuant to
C.C.P. Art. 1734 or deposit the amount ordered by the court pursuant to C.C.P. Art. 1734.1.
Proposed law requires that the party praying for the jury must pay to the clerk of court the
sum of $150 as jury filing fees at the time of requesting a jury trial and prior to the
Page 4 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 71
SLS 21RS-317 ORIGINAL
commencement of the trial, the party praying for the jury must deposit the amount ordered
by the court pursuant to C.C.P. Art. 1733.
Present law provides that if the trial exceeds the estimated number of days, the party praying
for the jury must post an additional bond or make an additional deposit as ordered by the
court.
Proposed law provides that if the trial exceeds the estimated number of days, the party
praying for the jury must make an additional deposit as ordered by the court.
Present law provides that any deposit made in accordance with present law be returned to
the party making such deposit and any bond filed shall be cancelled in the event that the
matter in which trial by jury has been requested has been tried, settled, determined, or
otherwise disposed of for any reason, without having been tried by a jury.
Proposed law retains present law and provides that any unexpended portion of a deposit shall
be returned to the party or attorney making such deposit.
Present law (Art. 1733) authorizes a party to obtain a trial by jury by filing a pleading
demanding a trial by jury and a bond in the amount and within the time set by the court
pursuant to Article 1734.
Present law further provides that in a suit for damages arising from a delictual or
quasi-delictual action where an individual petitioner stipulates or otherwise judicially admits
that his cause of action exceeds $10,000 and is less than $50,000, a party may obtain a trial
by jury by filing a pleading demanding a trial by jury and providing a cash deposit of $5,000
no later than 60 days after filing the request for a trial by jury. Failure to post the cash
deposit as required constitutes a waiver of the trial by jury, and the cash deposit shall be
subject to Article 1734.1(E).
Proposed law deletes language relative to delictual or quasi-delictual actions and authorizes
a party to obtain a trial by jury by filing a pleading demanding a trial by jury and within the
time set by the court pursuant to Article 1734 and providing a cash deposit of $5,000 no later
than 60 days after filing the request for a trial by jury. Failure to post the cash deposit as
required constitutes a waiver of the trial by jury, and the cash deposit shall be subject to
Article 1734.1(E).
Present law (Art. 1734) provides generally that when the case has been set for trial, the court
shall fix the amount of the bond to cover all costs related to the trial by jury and shall fix the
time for filing the bond, which shall be no later than 60 days prior to trial. Notice of the
fixing of the bond shall be served on all parties. If the bond is not filed timely, any other
party shall have an additional 10 days to file the bond. When the bond has been filed, the
clerk of court shall 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 generally that when the case has been set for trial, the court shall fix
the amount of the deposit to cover all costs estimated by the clerk related to the trial by jury
and shall fix the time for filing the deposit, which shall be no later than 60 days prior to trial.
Notice of the fixing of the deposit shall be served on all parties. If the deposit is not filed
timely, any other party shall have an additional 10 days to file the deposit. When the deposit
has been filed, the clerk of court shall 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 (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. The required deposit shall not exceed $2,000 for the first
day and $400 per day for each additional day the court estimates the trial will last.
Page 5 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 71
SLS 21RS-317 ORIGINAL
Proposed law provides that when the case has been set for trial, the court shall order a
deposit for costs, which shall be a specific amount estimated by the clerk, and the court shall
fix the time for making the deposit, which shall be no later than 60 days prior to trial. The
required deposit shall not exceed $10,000 for the first day and $1,000 per day for each
additional day the court estimates the trial will last.
Present law provides that the clerk of court may disburse funds from the cash deposit for
payment of all or a part of the jury costs as such costs accrue. The clerk shall keep a record
of funds disbursed by him from the cash deposit. The court may require an additional
amount to be filed during the trial if the original amount of the cash deposit is insufficient
to pay jury costs. The funds disbursed from the cash deposit for payment of jury costs shall
be assessed as costs of court. After payment of all jury costs, any unexpended amounts
remaining in the cash deposit shall be refunded by the clerk of court to the party filing the
cash deposit.
Proposed law provides that clerk of court shall disburse funds from the deposit for payment
of all or part of the jury costs as such costs accrue. The clerk shall keep a record of funds
disbursed from the deposit. The court shall require an additional deposit to be filed during
the trial if the original amount of the deposit is insufficient to pay jury costs. The funds
disbursed from the deposit for payment of jury costs shall be assessed as costs of court. After
payment of all jury costs, any unexpended amounts remaining on deposit shall be refunded
by the clerk of court to the party or counsel filing the deposit.
Effective August 1, 2021.
(Amends R.S. 13:3049(B)(2)(a) and (d), and C.C.P. Arts. 1733(A), 1734, and 1734.1)
Page 6 of 6
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.