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
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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