Art. 1562.Separate Trials of Issues of Insurance Coverage, Liability, and Damages
Book II. Ordinary Proceedings · Title V. Trial · Chapter 1. Consolidation of Cases and Separate Trials · Last amended 1992 · Last verified July 30, 2026
In one sentenceArticle 1562 lets a Louisiana court, with the consent of all parties, split a trial into separate proceedings on liability, damages, and insurance coverage when doing so would simplify the case or serve the interests of justice, while keeping liability and damages before the same jury unless everyone agrees otherwise.
Full Text of Art. 1562
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A. If it would simplify the proceedings or would permit a more orderly disposition of the case or otherwise would be in the interest of justice, at any time prior to trial the court may order, with the consent of all parties, separate trials on the issues of liability and damages, whether or not there is to be a jury trial on either issue.
B. If a defendant has been found liable by a jury, the court shall proceed with the trial on the remaining issues before the same jury unless all parties consent to a trial before a different jury.
C. Notwithstanding the provisions of Paragraph B of this Article, in a jury trial, the court may order, with the consent of all the parties, that a separate trial on the issue of damages shall precede a trial on the issue of liability.
D. If it would simplify the proceedings or would permit a more orderly disposition of the case or otherwise would be in the interest of justice, at any time prior to trial on the merits, the court may order, with the consent of all parties, a separate trial on the issue of insurance coverage, unless a factual dispute that is material to the insurance coverage issue duplicates an issue relative to liability or damages. The issue of insurance coverage shall be decided by the court alone, whether or not there is to be a jury trial on the issue of liability or damages.
Article 1562 lets a court split a trial into phases, but only with the consent of every party. If splitting the proceedings would simplify the case, allow a more orderly disposition, or otherwise serve the interests of justice, the court can order separate trials on liability and damages, whether or not either issue goes to a jury.
The default sequence keeps things simple for the jury: if a jury finds a defendant liable, the same jury proceeds to decide the remaining issues, unless all parties consent to a different jury for that second phase. By consent, the parties can even flip the usual order and have a jury trial on damages first, before liability is decided.
Insurance coverage gets its own carve-out. With the parties' consent, the court can order a separate trial on coverage before trial on the merits, unless a factual dispute over coverage duplicates one relevant to liability or damages, in which case splitting the issue out would not accomplish much. When coverage is tried separately, the judge alone decides it, regardless of whether liability or damages goes before a jury.
Frequently Asked Questions
Can a Louisiana court split liability and damages into separate trials without the parties agreeing?
No. Article 1562 requires the consent of all parties before the court can order separate trials on liability and damages.
Does bifurcating liability and damages mean a new jury for each phase?
No. The same jury that decided liability continues to the damages phase, unless all parties consent to a different jury.
Who decides the issue of insurance coverage when it is tried separately?
The judge, not the jury, decides insurance coverage, regardless of whether liability or damages is tried before a jury.
When can't the insurance coverage issue be severed into its own trial?
When a factual dispute material to coverage duplicates an issue that also matters to liability or damages, severing the coverage issue is not available.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as:bifurcated trial louisianaseparate trial liability damages louisianainsurance coverage trial severance louisianala code civil procedure article 1562splitting a trial into phases