§ 48:451.2 — Time limit for demanding jury trial; waiver of demand for jury trial; limitations

Louisiana § 48:451.2

• Jurisdiction: Louisiana
• Title 48: Roads, Bridges and Ferries

Text

A. A defendant may demand jury trial in his answer or by motion filed within the delays provided for the filing of his answer.
B. The department may demand jury trial by motion filed no later than fifteen days after service upon the department of an answer filed by a defendant.
C. For purposes of this Section, answers filed by attorneys appointed to represent absent or unknown defendants shall not cause these delays to begin to run, unless that answer indicates that the appointed attorney has been retained or employed by the owner to assert and prosecute a claim in his behalf.
D. Once any party has timely demanded a jury trial, that demand is effective against and binding upon all parties to the suit, and cannot thereafter be waived without the consent of all parties. With the consent of all parties, a demand for jury trial may be waived at any time prior to the swearing of the jury.

Legislative History

Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975; Acts 1988, No. 882, §1.