STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT SABIC PETROCHEMICALS HOLDING NO. 2020 CW 1094 US, INC. VERSUS

WILLIAMS OLEFINS, L. L. C. AND NOVEMBER 06, 2020 THE WILLIAMS COMPANIES, INC.

In Re: Sabic Petrochemicals Holding US, Inc., applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 76975.

BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The district court' s November 4, 2020 judgment which struck the jury is reversed. It is undisputed that both parties herein perfected their right to a trial by jury prior to the October 2019 trial, pursuant to the district court` s order setting the jury bond at $ 5, 000. The subsequent order setting a new trial date did not modify or annul that prior jury bond amount, but provided that the provisions of the Louisiana Code of Civil Procedure governed jury costs and bond. Defendants herein timely posted the jury bond no later than sixty days prior to trial in the amount previously set by the district court in advance of the November 9, 2020 trial. While defendants thereafter filed a motion on November 2, 2020 to strike the jury, we find, at a minimum, plaintiff had ten days from such request to file the bond. La. Code Civ. P. art. 1734. Accordingly, this matter is remanded to the district instructions to the for court with reinstate jury the trial scheduled to begin on November 9, 2020, subject to plaintiff, Sabic Petrochemicals Holdings US, Inc., posting the jury bond in the amount of $ 5, 000.

JMG PMC WIL

COURT OF APPEAL, FIRST CIRCUIT

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