AB 555, as amended, Alejo. Civil actions.
Existing law establishes procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply. Pursuant to these procedures, all parties agree that each side has up to 3 hours to present its case and agree to waive all rights to appeal and to move for a directed verdict or to make any posttrial motions, except as provided. Existing law repeals these provisions on January 1, 2016.
This bill would modify procedures to provide that each party would have up to 5 hours to complete voir dire and present its case. The bill would require the Judicial Council to update rules and forms relating to these procedures by July 1, 2016. The bill would also delete the January 1,begin delete 2016end deletebegin insert
2016,end insert repeal date, thereby extending the operation of these provisions indefinitely.
Existing law requires that a designated action or special proceeding meeting certain conditions be treated as a limited civil case. Existing law authorizes a limited civil case to be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute.
The bill would establish procedures for conducting mandatory expedited jury trials in limited civil cases, including provisions for a jury of 8 or few members, with one alternate, and a limit of 5 hours for each side to complete voir dire and to present its case. The bill would authorize either party to opt out of the expedited jury trial procedures if certain requirements are met. The bill would provide that the verdict in an expedited jury trial case may be appealed and is subject to any written high/low agreement, as defined. The bill would require the Judicial Council to adopt additional rules and uniform procedures, as provided, by July 1, 2016.
The bill would delay the operative date of specified provisions relating to mandatory expedited jury trials until July 1, 2016. The bill would also repeal the provisions relating to mandatory expedited jury trials on July 1, 2019.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The heading of Chapter 4.5 (commencing with
2Section 630.01) of Title 8 of Part 2 of the Code of Civil Procedure
3 is amended to read:
4
Section 630.03 of the Code of Civil Procedure is
8amended to read:
(a) All parties agreeing to participate in an expedited
10jury trial and, if represented, their counsel, shall sign a proposed
11consent order granting an expedited jury trial.
12(b) Except as provided in subdivision (d), the agreement to
13participate in the expedited jury trial process is binding upon the
14parties, unless either of the following occurs:
15(1) All parties stipulate to end the agreement to participate.
P3 1(2) The court, on its own motion or at the request of a party by
2noticed motion, finds that good cause exists for the action not to
3proceed under the rules of
this chapter.
4(c) Any agreement to participate in an expedited jury trial under
5this chapter may be entered into only after a dispute has arisen and
6an action has been filed.
7(d) The court shall approve the use of an expedited jury trial
8and any high/low agreements or other stipulations for an expedited
9jury trial involving either of the following:
10(1) A self-represented litigant.
11(2) A minor, an incompetent person, or a person for whom a
12conservator has been appointed.
13(e) The proposed consent order submitted to the court shall
14include all of the following:
15(1) A preliminary statement that each named party and any
16insurance carrier responsible for providing coverage or defense
17on behalf of that party, individually identified in the proposed
18consent order, have been informed of the rules and procedures for
19an expedited jury trial and provided with a Judicial Council
20information sheet regarding expedited jury trials, have agreed to
21take part in or, in the case of a responsible insurance carrier, not
22object to, the expedited jury trial process, and have agreed to all
23the specific provisions set forth in the consent order.
24(2) The parties’ agreement to all of the following:
25(A) That all parties waive all rights to appeal and to move for
26directed verdict or make any post-trial motions, except as provided
27in Sections 630.08 and
630.09.
28(B) That each side shall have up to five hours in which to
29complete voir dire and to present its case.
30(C) That the jury shall be composed of eight or fewer jurors
31with no alternates.
32(D) That each side shall be limited to three peremptory
33challenges, unless the court permits an additional challenge in
34cases with more than two sides as provided in Section 630.04.
35(E) That the trial and pretrial matters will proceed under
36subparagraphs (A) to (D), inclusive, and, unless the parties
37expressly agree otherwise in the proposed consent order, under all
38other provisions in this chapter and in the implementing rules of
39court.
P4 1(f) The court shall issue the consent order as proposed by the
2parties, unless the court finds good cause why the action should
3not proceed through the expedited jury trial process, in which case
4the court shall deny the proposed consent order in its entirety.
Section 630.11 of the Code of Civil Procedure is
6amended to read:
The Judicial Council shall, on or before July 1, 2016,
8update rules and forms to establish uniform procedures
9implementing the provisions of this chapter, including, but not
10limited to, rules for all of the following:
11(a) Additional content of proposed consent orders.
12(b) Pretrial exchanges and submissions.
13(c) Pretrial conferences.
14(d) Presentation of evidence and testimony.
15(e) Any other procedures necessary to implement the provisions
16of this
chapter.
Section 630.12 of the Code of Civil Procedure is
18repealed.
Chapter 4.6 (commencing with Section 630.20) is
20added to Title 8 of Part 2 of the Code of Civil Procedure, to read:
21
(a) Except as provided in subdivisions (b) and (c), an
26action or special proceeding treated as a limited civil case pursuant
27to Article 1 (commencing with Section 85) of Chapter 5.1 of Title
281 of Part 1, including an action or special proceeding initially filed
29as a limited civil case or remanded as one thereafter, shall be
30conducted as a mandatory expedited jury trial pursuant to this
31chapter.
32(b) Either party may opt out of the mandatory expedited jury
33trial procedures if any of the following criteria is met:
34(1) Punitive damages are sought.
35(2) Damages in excess of insurance policy limits are sought.
36(3) A party’s insurer is providing a legal defense subject to a
37reservation of rights.
38(4) The case involves a claim reportable to a governmental
39entity.
P5 1(5) The case involves a claim of moral turpitude that may affect
2an individual’s professional licensing.
3(6) The case involves claims of intentional conduct.
4(7) The case has been reclassified as unlimited pursuant to
5Section 403.020.
6(8) The complaint contains a demand forbegin delete attorneyend deletebegin insert
attorney’send insert
7 fees, unless those fees are sought pursuant to Section 1717 of the
8Civil Code.
9(9) The judge finds good cause exists for the action not to
10proceed under the rules of this chapter. Good cause includes, but
11is not limited to, a showing that a party needs more than five hours
12to present or defend the action and that the parties have been unable
13to stipulate to additional time.
14(c) This chapter does not apply to a proceeding in forcible entry
15or forcible or unlawful detainer.
16(d) A judgment in a limited civil case conducted as a mandatory
17expedited jury trial may be appealed to the appellate division of
18the superior court in which the case was tried.
For purposes of this chapter:
20(a) “Mandatory expedited jury trial” means a jury trial before
21a reduced jury panel and a judge, conducted pursuant to this
22chapter.
23(b) “High/low agreement” means a written agreement entered
24into by the parties that specifies a minimum amount of damages
25that a plaintiff is guaranteed to receive from the defendant, and a
26maximum amount of damages that the defendant will be liable for,
27regardless of the ultimate verdict returned by the jury. Neither the
28existence of, nor the amounts contained in, any high/low
29agreements may be disclosed to the jury.
(a) The procedures in this chapter and in the
31implementing rules of court shall apply to mandatory expedited
32jury trials conducted in limited civil cases, unless the parties agree
33otherwise, as permitted under subdivision (d) of Section 630.23,
34and the court so orders.
35(b) Any matters not expressly addressed in this chapter, in the
36implementing rules of court, or in an agreement authorized by this
37chapter and the implementing rules, are governed by applicable
38statutes and rules governing civil actions.
The following rules and procedures apply to mandatory
40expedited jury trials conducted pursuant to this chapter:
P6 1(a) Each side shall have up to five hours in which to complete
2voir dire and to present its case.
3(b) The jury shall be composed of eight jurors and one alternate,
4unless the parties have agreed to fewer jurors.
5(c) Each side shall be limited to four peremptory challenges,
6unless the court permits an additional challenge in cases with more
7than two sides. If there are more than two parties in a case and
8more than two sides, as determined by the court under subdivision
9
(c) of Section 231, the parties may request one additional
10peremptory challenge each, which is to be granted by the court as
11the interests of justice may require.
12(d) The parties may agree to modify the rules and procedures
13specified in this chapter and the implementing rules of court,
14subject to the court’s approval.
Nothing in this chapter is intended to preclude a jury
16from deliberating as long as needed.
(a) The rules of evidence apply to mandatory expedited
18jury trials conducted in limited civil cases, unless the parties
19stipulate otherwise.
20(b) Any stipulation by the parties to use relaxed rules of evidence
21shall not be construed to eliminate, or in any way affect, the right
22of a witness or party to invoke any applicable privilege or other
23law protecting confidentiality.
24(c) The right to issue subpoenas and notices to appear to secure
25the attendance of witnesses or the production of documents at trial
26shall be in accordance with this code.
(a) A vote of six of the eight jurors is required for a
28verdict, unless the parties stipulate otherwise.
29(b) The verdict in a limited civil case following a mandatory
30expedited jury trial case shall be appealable under subdivisionbegin delete (c)end delete
31begin insert (d)end insert of Section 630.20 and subject to any written high/low
32agreement or other stipulations concerning the amount of the award
33agreed upon by the parties.
All statutes and rules governing costs and attorney’s
35fees shall apply in limited civil cases that are conducted as
36mandatory expedited jury trials, unless the parties stipulate
37otherwise.
The Judicial Council shall, on or before July 1, 2016,
39adopt rules and forms to establish uniform procedures
P7 1implementing the provisions of this chapter, including, rules for
2the following:
3(a) Pretrial exchanges and submissions.
4(b) Pretrial conferences.
5(c) Opt-out procedures pursuant to subdivision (b) of Section
6630.20.
7(d) Presentation of evidence and testimony.
8(e) Any other procedures necessary to implement the provisions
9of this
chapter.
Sections 630.20 to 630.27, inclusive, shall become
11operative on July 1, 2016.
This chapter shall remain in effect only until July 1,
132019, and as of that date is repealed, unless a later enacted statute,
14that is enacted before July 1, 2019, deletes or extends that date.
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