Opinion
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