Book II. Ordinary Proceedings · Title V. Trial · Chapter 7. Jury Trial · Last amended 2021 · Last verified July 30, 2026
In one sentenceArticle 1734.1 lets the court require a cash deposit instead of a bond to cover jury costs, capped at five thousand dollars for the first trial day and one thousand dollars for each additional day, due thirty days before trial, and lays out how the clerk disburses, tracks, and refunds the funds, with an exception for parties who qualify to litigate without prepaying costs.
Full Text of Art. 1734.1
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A. When the case has been set for trial, the court may order, in lieu of the bond required in Article 1734, a deposit for costs, which shall be a specific amount estimated by the court, and the court shall fix the time for making the deposit, which shall be no later than thirty days prior to trial. The deposit shall include sufficient funds for payment of all costs associated with a jury trial, including juror fees and expenses and charges of the jury commission, clerk of court, and sheriff. The required deposit shall not exceed five thousand dollars for the first day, and one thousand dollars per day for each additional day the court estimates the trial will last. Notice of the fixing of the deposit shall be served on all parties. If the deposit is not timely made, any other party shall have an additional ten days to make the required deposit. Failure to post the deposit shall constitute a waiver of a trial by jury. However, no deposit shall be required of an applicant for a jury trial under the provisions of this Article if waived or an order is rendered, pursuant to Chapter 5 of Title I of Book IX of this Code, permitting the applicant to litigate or continue to litigate without payment of costs in advance or furnishing security therefor.
B. When the deposit has been filed, the clerk of court shall order the jury commission to draw a sufficient number of jurors to try and determine the cause, such drawing to be made in accordance with R.S.13:3044.
C. The clerk of court may disburse funds from the cash deposit for payment of all or a part of the jury costs as such costs accrue. The clerk shall keep a record of funds disbursed from the deposit.
D. The court may require an additional deposit to be filed during the trial if the original amount of the deposit is insufficient to pay jury costs.
E. The funds disbursed from the cash deposit for payment of jury costs shall be assessed as costs of court.
F. After payment of all jury costs, any unexpended amounts remaining on deposit shall be refunded by the clerk of court to the party or attorney filing the deposit.
Article 1734.1 gives the trial court an alternative to the surety bond in Article 1734: an actual cash deposit held by the clerk of court. The court estimates a specific dollar amount to cover jury costs — juror fees and expenses, and the charges of the jury commission, clerk, and sheriff — and fixes a deadline for making the deposit that cannot be later than thirty days before trial. The statute caps how large that deposit can be: no more than five thousand dollars for the trial's first day, plus up to one thousand dollars for each additional day the court expects the trial to run. As with the bond deadline in Article 1734, missing the deposit deadline gives other parties an additional ten days, and missing it altogether waives the jury trial.
The article carves out one exception to the whole deposit requirement: a party who has been granted permission to litigate without prepaying costs or posting security — Louisiana's in forma pauperis procedure — does not have to make the deposit at all to get a jury.
The remaining paragraphs handle the money once it is on deposit. The clerk can pay jury costs out of the deposit as they accrue, keeping a record of what has been disbursed, and the court can order an additional deposit mid-trial if the original amount runs short. Whatever is paid out from the deposit for jury costs counts as court costs in the case. Once all the jury costs are paid, any money left over goes back to the party or attorney who made the deposit.
Frequently Asked Questions
How is a cash deposit different from the bond under Article 1734?
A deposit is actual funds held and disbursed by the clerk of court to cover jury costs directly, rather than a surety bond; the trial court chooses which mechanism to use.
Is there a cap on the cash deposit amount?
Yes. The deposit cannot exceed five thousand dollars for the first day of trial and one thousand dollars for each additional day the court expects the trial to last.
Do I have to pay the deposit if I can't afford it?
No. A party who has been granted permission to litigate without prepaying costs or posting security does not have to make the deposit to obtain a jury trial.
What happens to leftover deposit money after trial?
Once all jury costs have been paid, the clerk of court refunds any unspent balance to the party or attorney who made the deposit.
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
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