La. R.S. » RS
Louisiana Revised Statutes & Codes

La. Rev. Stat. § 13:5105 (2026)

Jury trial prohibited; demand for trial; costs

✓ laws through the 2025 Regular Session (checked Sept. 2026)
Find cases: SyfertCases citing this section LA-LEGlegis.la.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

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            C. Repealed by Acts 2016, No. 341, §1, eff.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

            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.

Notes of Decisions
Cited in 166 cases (3 in the last 5 years), 1976–2025 · leading case: Arshad v. City of Kenner, 95 So. 3d 477 (La. 2012).
Sort: Relevance Newest Treatment
Arshad v. City of Kenner, 95 So. 3d 477 (La. 2012). · cites it 88× “*482 In 1996, the Legislature amended La.Rev. Stat. § 13:5105 and added subsection D, providing in relevant part: Notwithstanding the provisions of Subsection A, a political subdivision, by general ordinance or resolution, may waive the prohibition against a jury trial provided…”
Kimball v. Allstate Ins. Co., 712 So. 2d 46 (La. 1998). · cites it 41× “R.S. 13:5105 to add Subsection C, the City-Parish requested a trial by jury which was granted.”
Adams v. City of Baton Rouge, 673 So. 2d 624 (La. Ct. App. 1996). · cites it 35× “The issue presented in the writ application in these four consolidated actions is whether the Parish of East Baton Rouge is entitled to a trial by jury pursuant to LSA-R.S. 13:5105, as amended by Acts 1995, No.”
Beauclaire v. Greenhouse, 922 So. 2d 501 (La. 2006). · cites it 18× “Plaintiffs subsequently filed a motion to strike the jury trial, arguing defendants failed to comply with the provisions of LSA-R.S. 13:5105 requiring a political subdivision to waive the prohibition against jury trials by general ordinance or resolution.”
Blanchard v. City Par. of East Baton Rouge, 674 So. 2d 317 (La. Ct. App. 1996). · cites it 38× “This issue presented in the writ application in this action for damages is whether the City of Baton Rouge and Parish of East Baton Rouge are entitled to a trial by jury pursuant to LSA-R.S. 13:5105, as amended by Acts 1995, No.”
Alkazin v. City of Baton Rouge, 705 So. 2d 208 (La. Ct. App. 1997). · cites it 25× “HISTORY OF LSA-R.S. 13:5105 Before addressing relator's contentions, we must review the history of LSA-R.”
Istre v. Meche, 770 So. 2d 776 (La. 2000). · cites it 17× “R.S. 13:5105 is an unconstitutional denial of equal protection.”
Scott v. Clark, 583 So. 2d 938 (La. Ct. App. 1991). · cites it 17× “R.S. 13:5105. The Scotts reply that La.R.”
Lemire v. New Orleans Pub. Serv., Inc., 458 So. 2d 1308 (La. 1984). · cites it 6× “1731) but not the public agency (R.S. 13:5105). With the adoption of comparative fault (C.”
Edwards v. Daugherty, 729 So. 2d 1112 (La. Ct. App. 1999). · cites it 10× “R.S. 13:5105 prohibits a political subdivision from being tried by jury unless the political subdivision, by general ordinance or resolution, makes a blanket waiver against a jury trial in all suits, not merely a specific proceeding.”
Williams v. Kushner, 449 So. 2d 455 (La. 1984). · cites it 7× “R.S. 13:5105 and La. Code Civ.P. art. 1732 [1] unconstitutional, the commissioner of insurance appeals.”
Rudolph v. Massachusetts Bay Ins. Co., 472 So. 2d 901 (La. 1985). · cites it 8× “Thus, La.Rev.Stat.Ann. § 13:5105 does not violate the equal protection clause of the United States Constitution.”
Show all 166 citing cases →
La. Rev. Stat. § 13:5105(0): 1 case
Buckley v. Sprull, 712 So. 2d 499 (La. 1998).
La. Rev. Stat. § 13:5105(A): 15 cases
Istre v. Meche, 770 So. 2d 776 (La. 2000). “R.S. 13:5105 is an unconstitutional denial of equal protection.”
Kimball v. Allstate Ins. Co., 712 So. 2d 46 (La. 1998). “R.S. 13:5105 to add Subsection C, the City-Parish requested a trial by jury which was granted.”
Arshad v. City of Kenner, 95 So. 3d 477 (La. 2012). “*482 In 1996, the Legislature amended La.Rev. Stat. § 13:5105 and added subsection D, providing in relevant part: Notwithstanding the provisions of Subsection A, a political subdivision, by general ordinance or resolution, may waive the prohibition against a jury trial provided…”
Davis v. Witt, 851 So. 2d 1119 (La. 2003).
Beauclaire v. Greenhouse, 922 So. 2d 501 (La. 2006). “Plaintiffs subsequently filed a motion to strike the jury trial, arguing defendants failed to comply with the provisions of LSA-R.S. 13:5105 requiring a political subdivision to waive the prohibition against jury trials by general ordinance or resolution.”
La. Rev. Stat. § 13:5105(B): 2 cases
Greer v. Lammico, 779 So. 2d 894 (La. Ct. App. 2000).
Coastal Cargo Co. v. Bd. of Commissioners of the Port of New Orleans, 384 So. 3d 968 (La. Ct. App. 2024).
La. Rev. Stat. § 13:5105(B)(2): 1 case
Vallien v. State ex rel. Dept. of Transp. & Dev., 812 So. 2d 894 (La. Ct. App. 2002).
La. Rev. Stat. § 13:5105(C): 5 cases
Kimball v. Allstate Ins. Co., 712 So. 2d 46 (La. 1998). “R.S. 13:5105 to add Subsection C, the City-Parish requested a trial by jury which was granted.”
Arshad v. City of Kenner, 95 So. 3d 477 (La. 2012). “*482 In 1996, the Legislature amended La.Rev. Stat. § 13:5105 and added subsection D, providing in relevant part: Notwithstanding the provisions of Subsection A, a political subdivision, by general ordinance or resolution, may waive the prohibition against a jury trial provided…”
Dauzat v. East Baton Rouge Par. Metro. Council, 785 So. 2d 812 (La. 2001).
In re Trestman, 795 So. 2d 398 (La. Ct. App. 2001).
Idusuyi v. City of Baton Rouge/Par., 712 So. 2d 498 (La. 1998).
La. Rev. Stat. § 13:5105(D): 14 cases
Arshad v. City of Kenner, 95 So. 3d 477 (La. 2012). “*482 In 1996, the Legislature amended La.Rev. Stat. § 13:5105 and added subsection D, providing in relevant part: Notwithstanding the provisions of Subsection A, a political subdivision, by general ordinance or resolution, may waive the prohibition against a jury trial provided…”
Beauclaire v. Greenhouse, 922 So. 2d 501 (La. 2006). “Plaintiffs subsequently filed a motion to strike the jury trial, arguing defendants failed to comply with the provisions of LSA-R.S. 13:5105 requiring a political subdivision to waive the prohibition against jury trials by general ordinance or resolution.”
Kimball v. Allstate Ins. Co., 712 So. 2d 46 (La. 1998). “R.S. 13:5105 to add Subsection C, the City-Parish requested a trial by jury which was granted.”
Istre v. Meche, 770 So. 2d 776 (La. 2000). “R.S. 13:5105 is an unconstitutional denial of equal protection.”
Edwards v. Daugherty, 729 So. 2d 1112 (La. Ct. App. 1999). “R.S. 13:5105 prohibits a political subdivision from being tried by jury unless the political subdivision, by general ordinance or resolution, makes a blanket waiver against a jury trial in all suits, not merely a specific proceeding.”
La. Rev. Stat. § 13:5105(E): 2 cases
Sylve v. Kappa Alpha Psi Fraternity, 803 So. 2d 960 (La. 2001).
Shane R. Ferran v. Louisiana Dep't Pub. Saf. & Corr., No. 2023CW0338 (La. Ct. App. Apr. 11, 2023).
La. Rev. Stat. § 13:5105(c): 1 case
Adams v. City of Baton Rouge, 673 So. 2d 624 (La. Ct. App. 1996). “The issue presented in the writ application in these four consolidated actions is whether the Parish of East Baton Rouge is entitled to a trial by jury pursuant to LSA-R.S. 13:5105, as amended by Acts 1995, No.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.