Ocmand
v.
Town of Brusly

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUITJun 27, 2016
NO. 2016 CW 0675 (La. Ct. App. Jun. 27, 2016)

NO. 2016 CW 0675

06-27-2016

DAVID L. OCMAND AND LINDA C. OCMAND v. TOWN OF BRUSLY AND STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT


In Re: State of Louisiana, through the Department of Transportation and Development, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 1042602. BEFORE: WHIPPLE, C.J., GUIDRY AND PETTIGREW, JJ.

WRIT GRANTED. The State of Louisiana, through the Department of Transportation and Development, is statutorily exempted from posting any bond whatsoever in any judicial proceedings arising from activities within the scope of its duties. La. R.S. 13:4581. The State of Louisiana, through the Department of Transportation and Development, "shall not be required to post any bond, cash deposit, or other charge whatsoever to obtain a trial by jury." La. R.S. 13:5105(E). Accordingly, the district court's order signed on April 21, 2016, and the corresponding notice issued by the clerk of court on April 25, 2016, requiring the State of Louisiana, through the Department of Transportation and Development, to post a jury bond in the amount of $5,000.00 and remit a $150.00 juror filing fee is contrary to law and is, therefore, vacated. This matter is remanded to the district court with instructions that this matter be tried before a civil jury without any requirement that the State of Louisiana, Department of Transportation and Development post a jury bond or prepay any jury costs or fees. La. R.S. 13:4581; La. R.S. 13:5105(E).

JMG

JTP

VGW

COURT OF APPEAL, FIRST CIRCUIT /s/_________


DEPUTY CLERK OF COURT


FOR THE COURT