RDCSB130 4469 4865
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 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.
(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.
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(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.
Effective Jan. 1, 2025.
(Amends C.C.P. Arts. 1732 and 1733(A)(2)(a))
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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the reengrossed bill:
1. Change the cash deposit for jury trials from $4,000 to $5,000.
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