SLS 24RS-360 REENGROSSED
2024 Regular Session
SENATE BILL NO. 130
BY SENATOR BASS
CIVIL PROCEDURE. Provides for limitation upon jury trials. (1/1/25)
1 AN ACT
2 To amend and reenact Code of Civil Procedure Arts. 1732 and 1733(A)(2)(a), relative to
3 civil actions; to provide relative to the jury trial threshold; to provide with respect to
4 limitation upon jury trials; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Civil Procedure Arts. 1732 and 1733(A)(2)(a) are hereby
7 amended and reenacted 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 ten thousand dollars exclusive of interest and costs, except as follows:
12 (a) If an individual petitioner stipulates or otherwise judicially admits sixty
13 days or more prior to trial that the amount of the individual petitioner's cause of
14 action does not exceed ten thousand dollars exclusive of interest and costs, a
15 defendant shall not be entitled to a trial by jury.
16 (b) If an individual petitioner stipulates or otherwise judicially admits for the
17 first time less than sixty days prior to trial that the amount of the individual
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1 petitioner's cause of action does not exceed ten thousand dollars exclusive of interest
2 and costs, any other party may retain the right to a trial by jury if that party is entitled
3 to a trial by jury pursuant to this Article and has otherwise complied with the
4 procedural requirements for obtaining a trial by jury.
5 (c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if,
6 as a result of a compromise or dismissal of one or more claims or parties which
7 occurs less than sixty days prior to trial, an individual petitioner stipulates or
8 otherwise judicially admits that the amount of the individual petitioner's cause of
9 action does not exceed ten thousand dollars exclusive of interest and costs, a
10 defendant shall not be entitled to a trial by jury.
11 (2)(a)(1)(a) A suit commenced in a parish or city court, wherein the
12 individual petitioner stipulates or otherwise judicially admits that the amount of the
13 individual petitioner's cause of action does not exceed the amount in dispute to which
14 the jurisdiction of the court is limited by Articles 4842 and 4843, exclusive of
15 interest, penalties, attorney fees, and costs.
16 (b) The provisions of this Subparagraph shall not apply to delictual or quasi-
17 delictual actions., which shall be governed by the provisions of Subparagraph (1) of
18 this Article.
19 (3)(2) A suit on an unconditional obligation to pay a specific sum of money,
20 unless the defense thereto is forgery, fraud, error, want, or failure of consideration.
21 (4)(3) A summary, executory, probate, partition, mandamus, habeas corpus,
22 quo warranto, injunction, concursus, workers' compensation, emancipation,
23 tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce
24 proceeding.
25 (5)(4) A proceeding to determine custody, visitation, alimony, or child
26 support.
27 (6)(5) A proceeding to review an action by an administrative or municipal
28 body.
29 (7)(6) All cases where a jury trial is specifically denied by law.
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1 Art. 1733. Demand for jury trial; bond for costs
2 A. * * *
3 (2)(a) In a suit for damages arising from a delictual or quasi-delictual action
4 where an individual petitioner stipulates or otherwise judicially admits that his cause
5 of action exceeds ten thousand dollars and is less than fifty thousand dollars, a party
6 may obtain a trial by jury by filing a pleading demanding a trial by jury and
7 providing a cash deposit of five four thousand dollars no later than sixty days after
8 filing the request for a trial by jury. Failure to post the cash deposit as required by
9 this Subparagraph shall constitute a waiver of the trial by jury. This cash deposit
10 shall be subject to Article 1734.1(E).
11 * * *
12 Section 2. This Act shall become effective on January 1, 2025, and shall have
13 prospective application only and shall not apply to a cause of action arising or action
14 pending prior to January 1, 2025.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 130 Reengrossed 2024 Regular Session Bass
Present law (C.C.P. Art. 1732) provides that a trial by jury shall not be available in:
(1)A suit where the amount of no individual petitioner's cause of action exceeds
$10,000 exclusive of interest and costs, except as follows:
(a)If an individual petitioner stipulates or otherwise judicially admits 60 days
or more prior to trial that the amount of the individual petitioner's cause of
action does not exceed $10,000 exclusive of interest and costs, a defendant
shall not be entitled to a trial by jury.
(b)If an individual petitioner stipulates or otherwise judicially admits for the
first time less than 60 days prior to trial that the amount of the individual
petitioner's cause of action does not exceed $10,000 exclusive of interest and
costs, any other party may retain the right to a trial by jury if that party is
entitled to a trial by jury pursuant to present law and has otherwise complied
with the procedural requirements for obtaining a trial by jury.
(c)If, as a result of a compromise or dismissal of one or more claims or parties
which occurs less than 60 days prior to trial, an individual petitioner
stipulates or otherwise judicially admits that the amount of the individual
petitioner's cause of action does not exceed $10,000 exclusive of interest and
costs, a defendant shall not be entitled to a trial by jury.
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(2)(a)A suit commenced in a parish or city court, wherein the individual petitioner
stipulates or otherwise judicially admits that the amount of the individual
petitioner's cause of action does not exceed the amount in dispute to which
the jurisdiction of the court is limited by present law, exclusive of interest,
penalties, attorney fees, and costs.
(b)Present law shall not apply to delictual or quasi-delictual actions, which shall
be governed by the present law.
(3)A suit on an unconditional obligation to pay a specific sum of money, unless the
defense thereto is forgery, fraud, error, want, or failure of consideration.
(4)A summary, executory, probate, partition, mandamus, habeas corpus, quo warranto,
injunction, concursus, workers' compensation, emancipation, tutorship, interdiction,
curatorship, filiation, annulment of marriage, or divorce proceeding.
(5)A proceeding to determine custody, visitation, alimony, or child support.
(6)A proceeding to review an action by an administrative or municipal body.
(7)All cases where a jury trial is specifically denied by law.
Proposed law provides that a trial by jury shall not be available in:
(1)(a)A suit commenced in a parish or city court, wherein the individual petitioner
stipulates or otherwise judicially admits that the amount of the individual
petitioner's cause of action does not exceed the amount in dispute to which
the jurisdiction of the court is limited by present law, exclusive of interest,
penalties, attorney fees, and costs.
(b)Proposed law shall not apply to delictual or quasi-delictual actions.
(2)A suit on an unconditional obligation to pay a specific sum of money, unless the
defense thereto is forgery, fraud, error, want, or failure of consideration.
(3)A summary, executory, probate, partition, mandamus, habeas corpus, quo warranto,
injunction, concursus, workers' compensation, emancipation, tutorship, interdiction,
curatorship, filiation, annulment of marriage, or divorce proceeding.
(4)A proceeding to determine custody, visitation, alimony, or child support.
(5)A proceeding to review an action by an administrative or municipal body.
(6)All cases where a jury trial is specifically denied by law.
Present law 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.
Proposed law retains present law but removes the $10,000 limitation upon jury trials, and
changes the cash deposit from $5,000 to $4,000.
Effective January 1, 2025.
(Amends C.C.P. Arts. 1732 and 1733(A)(2)(a))
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Makes technical changes.
2. Includes an exception for the limitation upon jury trials if an individual
petitioner stipulates that notwithstanding the amount of his cause of action,
any other party entitled to a jury trial retains that right.
3. Changes the cash deposit for jury trials from $5,000 to $4,000.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Removes an exception to the right to a jury trial.
3. Removes the $10,000 limitation upon jury trials.
4. Adds a January 1, 2025 effective date.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.