BILL ANALYSIS AB 2284 Page 1 Date of Hearing: April 14, 2010 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 2284 (Evans) - As Introduced: February 18, 2010 Policy Committee: JudiciaryVote:10-0 (Consent) Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill authorizes the Judicial Council to adopt rules of court establishing procedures for conducting expedited jury trials in civil cases where the parties agree to use those procedures, including use of a jury with fewer than 12 members. FISCAL EFFECT Minor absorbable costs to the Judicial Council to develop and adopt the relevant rules. Subsequent implementation of expedited procedures in civil cases likely would result in reduced court costs and/or reduced civil case backlogs. COMMENTS Purpose . According to the author, the rising costs of litigation presents an ongoing challenge in providing access to justice for a number of litigants, especially those with claims involving relatively small amounts in dispute. Traditional trials can be time consuming and expensive for both litigants and the courts. AB 2284 stems from continuing working group discussions, sponsored by the Judicial Council, that ultimately seek to authorize the Council to adopt rules of court, along with legislation enacting any needed statutory changes, for a voluntary streamlined method of handling civil actions. The basis for these discussions is a streamlined process developed in Charleston County, South Carolina in the late 1990s, which has gained acclaim for enhancing access to courts, reducing costs for litigants, and increasing court efficiency. The bars in that state came together and established a AB 2284 Page 2 voluntary, inexpensive, accessible, and binding "summary jury trial" program. This alternative uses a reduced jury size, flexibility including relaxed rules of evidence, and often involves high/low agreements on the scope of damages. The model continues to have support from the plaintiff and defense bars, as well as the court, insurers, and businesses. According to staff at the Judicial Council, a specific proposal will be made available to the public this month, followed by a 60-day comment period. Any needed statutory changes would then be amended into AB 2284 this summer. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081