Louisiana § 13:5105 Jury trial prohibited; demand for trial; costs

Louisiana Statutes

§ 13:5105 — Jury trial prohibited; demand for trial; costs

Louisiana·Title 13 Courts and Judicial Procedure

§5105. Jury trial prohibited; demand for trial; costs

A.No suit against a political subdivision of the state shall be tried by jury. Except upon a demand for jury trial timely filed in accordance with law by the state or a state agency or the plaintiff in a lawsuit against the state or state agency, no suit against the state or a state agency shall be tried by jury.

B.Whenever a jury trial is demanded by the state, state agency, or the plaintiff in a lawsuit against the state or state agency, the party demanding the jury trial shall pay all costs of the jury trial including the posting of a bond or cash deposit for costs in accordance with Code of Civil Procedure Articles 1733 through 1734.1, inclusive.

C.Repealed by Acts 2016, No. 341, §1, eff. June 2, 2016.

D.Notwithstanding the prov

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§5105. Jury trial prohibited; demand for trial; costs
A. No suit against a political subdivision of the state shall be tried by jury. Except
upon a demand for jury trial timely filed in accordance with law by the state or a state agency
or the plaintiff in a lawsuit against the state or state agency, no suit against the state or a state
agency shall be tried by jury.
B. Whenever a jury trial is demanded by the state, state agency, or the plaintiff in a
lawsuit against the state or state agency, the party demanding the jury trial shall pay all costs
of the jury trial including the posting of a bond or cash deposit for costs in accordance with
Code of Civil Procedure Articles 1733 through 1734.1, inclusive.
C. Repealed by Acts 2016, No. 341, §1, eff. June 2, 2016.
D. Notwithstanding the provisions of Subsection A, a political subdivision, by
general ordinance or resolution, may waive the prohibition against a jury trial provided in
Subsection A of this Section. Whenever the jury trial prohibition is waived by a political
subdivision, and a jury trial is demanded by the political subdivision or the plaintiff in a suit
against the political subdivision or against an officer or employee of the political subdivision,
the demand for a jury trial shall be timely filed in accordance with law. The rights to and
limitations upon a jury trial shall be as provided in Code of Civil Procedure Articles 1731
and 1732.
E. Notwithstanding the provisions of Subsection B of this Section, the state, a state
agency, or state employee who is being indemnified and defended under R.S. 13:5108.1 or
the Patients Compensation Fund shall not be required to post any bond, cash deposit, or other
charge whatsoever to obtain a trial by jury. If the state, state agency, or state employee who
is being indemnified and defended under R.S. 13:5108.1 or the Patients Compensation Fund
is ordered to pay court costs, the state or the Patients Compensation Fund, as may be
applicable, shall pay all jury costs directly associated with that trial within thirty days after
mailing of the notice of judgment of the trial court.

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Legislative History

Acts 1975, No. 434, §1; Acts 1993, No. 993, §1, eff. July 1, 1994; Acts 1995, No. 598, §1; Acts 1996, 1st Ex. Sess., No. 63, §1, eff. May 9, 1996; Acts 2001, No. 249, §1; Acts 2016, No. 341, §1, eff. June 2, 2016.