LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HCR 20 HLS 201ES 278
Bill Text Version: REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 25, 2020 5:46 PM Author: SEABAUGH
Dept./Agy.: Supreme Court/AG/Judicial District Courts
Subject: Jury Trial Threshold Analyst: Rebecca Robinson
CIVIL/JURY TRIALS RE SEE FISC NOTE GF EX Page 1 of 2
Suspends provision of law relative to jury trial threshold (Item #40)
Proposes to suspend the jury trial threshold under the Code of Civil Procedure Article 1732(1) until sixty days after the final
adjournment of the 2021 Regular Session. of the Louisiana Legislature. The resolution shall become effective if, and only if,
the Act which originated as HB 57 of the 2020 First Extraordinary Session is not enacted or is vetoed and fails to become
law.
Effective August 1, 2020.
EXPENDITURES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
REVENUES 2020-21 2021-22 2022-23 2023-24 2024-25 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
There will be an indeterminable impact to the Office of Risk Management (ORM), the Louisiana Supreme Court (LSC), and
the Attorney General (AG) as a result of the reduction in the jury threshold. Note: It is unknown whether this resolution
would only affect suits within the time frame of the suspension or suits going to trial within the timeframe of the resolution.
ORM reports an indeterminable impact associated with the lowering of the jury threshold as it is unknown whether this would
lead to an increase or decrease in jury trials; and/or an increase or decrease in settlements. ORM indicates that the
prevailing opinion is that defendants experience a greater opportunity for a fair trial before a jury. Thus, the expansion of
the availability of jury trials may lead to more settlement of cases involving significant injuries, possibly lowering the
expenditures of ORM. However, the lowering of the jury threshold could lead to an increase in jury trials actually conducted,
which would increase the expenditures of ORM due to increased attorney’s fees and associated litigation costs. Therefore,
any expenditure increase or decrease to ORM is indeterminable at this time.
The AG reports an indeterminable impact due to the suspension of the jury threshold. The AG may experience an increase
in expenditures due to increased costs to defend claims; however, they cannot identify a cost at this time. To the extent
future legislation continues the change in the jury threshold, additional resources for the AG will likely be required.
The LSC reports an indeterminable impact. The suspension of the jury trial threshold could result in increased requests for
jury trials, which are docketed in a limited manner. As a result, the increased demand for jury trials may lead to a delay in
trials and backlogged dockets. However, the court cannot identify potential impacts at this time. To the extent future
legislation continues the change in the jury threshold, additional resources for the LSC will likely be required.
The proposed resolution is only for one year and the effect of the resolution in the short term is unknown; therefore, the
impact to the Clerks of Court is indeterminable. However, the Clerks of Court expect an increase in jury trial requests and
associated increase in costs, especially when any governmental entity requests a jury trial (as they are not required to post
a jury bond). [CONTINUED ON PAGE 2]
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Evan Brasseaux
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director
 LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HCR 20 HLS 201ES 278
Bill Text Version: REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: June 25, 2020 5:46 PM Author: SEABAUGH
Dept./Agy.: Supreme Court/AG/Judicial District Courts
Subject: Jury Trial Threshold Analyst: Rebecca Robinson
CONTINUED EXPLANATION from page one: Page 2 of 2
[CONTINUED FROM PAGE 1]
In that instance, the Clerks of Court will bear the cost of jury trials which are funded through self-generated revenues. The
Clerks of Court will likely raise court costs on all cases to cover the additional costs associated with jury trials.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Evan Brasseaux
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director