A motion to transfer pursuant to this Chapter shall constitute a demand by the removing party for trial by jury. He may not subsequently withdraw the demand without the approval of the court and the other party or parties.
Art. 4874.Withdrawal of Demand For Jury Trial After Transfer
Book VIII. Trial Courts of Limited Jurisdiction · Title I. General Dispositions · Chapter 4. Jury Trials Prohibited; Transfer to District Court · Enacted 1979 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 4874 treats a motion to transfer as itself a demand for jury trial once the case reaches district court, and bars the party who filed it from withdrawing that demand without both the court's approval and the consent of the other parties.
Full Text of Art. 4874
Amendment History
Acts 1979, No. 46, §1, eff. 1/1/1980.
Plain-English Summary
Article 4874 answers a question that follows naturally from Article 4873's procedure: once a party has gone to the trouble of transferring a case to district court to secure a jury trial, is a separate jury demand still needed there? No. Article 4874 treats the motion to transfer itself as the removing party's demand for a jury trial, carrying that demand forward automatically into the district court proceeding.
Having secured that jury trial, the removing party cannot change course unilaterally and revert to a bench trial. Article 4874 requires both the court's approval and the agreement of the other party or parties before the demand can be withdrawn; only once both are obtained does the case go back to being tried to the judge alone in the district court.
That two-layer consent requirement guards against a party using the transfer motion as a delay tactic — moving the case up to district court, then quietly dropping the jury demand once the maneuver has served its purpose. It also protects the other parties, who may have shaped their own trial preparation around the case being tried to a jury once it reached district court.
Frequently Asked Questions
Do I need to file a separate jury demand after transferring to district court?
No. The motion to transfer itself counts as the demand for jury trial under Article 4874.
Can I withdraw my jury demand after the case transfers?
Only with both the court's approval and the other party's consent.
What happens to the trial format if the jury demand is properly withdrawn?
The case reverts to a bench trial in the district court once withdrawal is approved.
Why doesn't Article 4874 let a party withdraw the demand on their own?
To prevent the transfer procedure from being used as a delay tactic and to protect the other party's reliance on a jury trial once the case has transferred.
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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