BILL NUMBER: AB 2284	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 18, 2010

   An act to add Section 631.01 to the Code of Civil Procedure,
relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2284, as introduced, Evans. Jury trial: rules of court.
   Existing law establishes the right to a trial by jury, and
provides that a jury may be waived in a civil case only pursuant to
specified manners. Under existing law, a jury trial consists of 12
persons, except that in civil actions and cases of misdemeanor, it
may consist of 12 or any number less than 12, upon which the parties
may agree. Existing law provides for the review of a judgment or
order in a civil action or proceeding by appeal, and requires the
Judicial Council to prescribe rules for the practice and procedure on
appeal consistent with state law. Existing law requires the Judicial
Council to provide by rule the practice and procedure for
coordination of civil actions in convenient courts, including
provision for giving notice and presenting evidence. Existing law
authorizes the Judicial Council to promulgate rules governing
pretrial conferences, and the time, manner, and nature thereof, in
civil cases at issue, or in one or more classes thereof, in the
superior courts.
   This bill would authorize the Judicial Council to adopt rules of
court to establish procedures for conducting expedited jury trials in
civil cases where the parties stipulate that those rules and
procedures shall apply, including provision for a jury of fewer than
12 members.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 631.01 is added to the Code of Civil Procedure,
to read:
   631.01.  The Judicial Council, consistent with its rulemaking
authority, is specifically authorized to adopt rules of court to
establish procedures for conducting expedited jury trials in civil
cases where the parties stipulate that those rules and procedures
shall apply, including provision for a jury of fewer than 12 members
pursuant to Section 220.