Terms Used In Louisiana Code of Evidence 411

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

             A. Although a policy of insurance may be admissible, the amount of coverage under the policy shall not be communicated to the jury unless the amount of coverage is a disputed issue which the jury will decide.

            B. The existence of insurance coverage shall not be communicated to the jury unless any of the following apply:

            (1) A factual dispute related to an issue of coverage is an issue which the jury will decide.

            (2) The existence of insurance coverage would be admissible to attack the credibility of a witness pursuant to Article 607.

            (3) The cause of action is brought against the insurer pursuant to La. Rev. Stat. 22:1973 or against the insurer alone pursuant to La. Rev. Stat. 22:1269(B)(1)(a) through (f).

            C. The identity of the insurer shall not be communicated to the jury unless the identity of the insurer would be admissible to attack the credibility of a witness pursuant to Article 607.

            D. In all cases brought against an insurer pursuant to La. Rev. Stat. 22:1269 or 1973, at the opening and closing of the trial, the court shall read instructions to the jury that there is insurance coverage for the damages claimed by the plaintiff.

             Acts 1988, No. 515, §1, eff. Jan. 1, 1989; Acts 2020, 1st Ex. Sess., No. 37, §3, eff. Jan. 1, 2021.