BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2284|
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THIRD READING
Bill No: AB 2284
Author: Evans (D)
Amended: 7/15/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/29/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/22/10 (Consent) - See last page
for vote
SUBJECT : Jury trial: rules of court
SOURCE : Consumer Attorneys of California
California Defense Counssel
DIGEST : This bill establishes the Expedited Jury Trials
Act, and thereunder provides procedures for expedited civil
jury trials. This bill also requires the Judicial Council
to adopt rules and forms, on or before January 1, 2011, to
establish uniform procedures implementing the provisions of
the expedited civil jury trial process. The provisions of
this bill sunset on January 1, 2016.
ANALYSIS : Existing law requires issues of fact regarding
the recovery of specific, real, or personal property, with
or without damages, or for money claimed as due upon
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contract, or as damages for breach of contract, or for
injuries, to be tried by a jury, unless a jury trial is
waived. (Code Civ. Proc. Sec. 592.)
Existing law allows cases in which the demand, exclusive of
interest, or the value of the property in controversy
amounts to $25,000 or less to be tried as a limited civil
case with informal trial requirements. (Code Civ. Proc.
Sec. 86.)
Existing law restricts limited civil cases to a hearing
before a judge, not a jury. (Code Civ. Proc. Sec.
116.510.)
Existing law regulates civil jury trial procedure. (Code
Civ. Proc. Sec. 607 et seq.)
Existing law requires a jury to consist of 12 people,
unless a lesser number is agreed upon by the parties in
open court. (Cal. Const. Art. I, Sec. 16; Code Civ. Proc.
Sec. 220.)
Existing law allows each party to a civil action a limit of
six peremptory challenges of the jury panel. (Code Civ.
Proc. Sec. 231(c).)
This bill, until January 1, 2016, establishes the Expedited
Jury Trials Act and defines "expedited jury trial" to mean
a consensual, binding jury trial before a reduced jury
panel and a judicial officer.
This bill provides that the rules and procedures applicable
to expedited jury trials do not apply when the parties
agree otherwise as permitted under statute and the court so
orders.
This bill requires all parties agreeing to take part in an
expedited jury trial and, if represented, their counsel to
sign a proposed consent order granting an expedited jury
trial.
This bill prescribes that an expedited jury trial agreement
is binding on all parties unless: (1) all parties
stipulate to end the agreement to participate in the
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expedited jury trial; or (2) the court, on its own motion
or at the request of a party by noticed motion, finds that
good cause exists for the action not to proceed as an
expedited jury trial.
This bill prescribes that any agreement to engage in an
expedited jury trial may be entered into only after a
dispute has arisen and a case has been filed.
This bill requires, for an expedited jury trial involving a
minor, an incompetent person, or a person for whom a
conservator has been appointed, the court to approve the
use of an expedited jury trial and any high/low agreements
or other stipulations before the trial.
This bill defines "high/low agreement" to mean a written
agreement voluntarily entered into by the parties that
specifies a minimum amount of damages that the plaintiff is
guaranteed to receive from the defendant, and a maximum
amount of damages that the defendant will be liable for,
regardless of the ultimate verdict issued by the jury;
neither the existence of, nor the amounts contained in any
high/low agreement, may be disclosed to the jury.
This bill requires parties agreeing to an expedited jury
trial to submit a proposed consent order containing all of
the following:
1. A preliminary statement that each named party and any
insurance carrier responsible for providing coverage or
defense on behalf of a party, individually identified in
the proposed consent order, has been informed of the
rules and procedures for an expedited jury trial and
provided with a Judicial Council information sheet
regarding expedited jury trials, has agreed to take part
in the expedited jury trial process, and has agreed to
all the specific provisions set forth in the consent
order.
2. The parties' agreement to all of the following:
A. All parties waive all rights to appeal and to
move for directed verdict or make any post-trial
motions, except as provided by statute.
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B. Each side will have up to three hours in which
to present its case.
C. The jury is to be composed of eight or fewer
jurors with no alternates.
D. Each side will be limited to three peremptory
challenges, unless the court permits an additional
challenge in cases with more than two sides as
provided by statute.
E. The trial and pretrial matters will proceed, as
specified, unless the parties expressly agree
otherwise in the proposed consent order, under all
other provisions in this bill and in the
implementing rules of court.
This bill requires the court to issue the consent order as
proposed by the parties, unless the court finds good cause
why the action should not proceed through the expedited
jury trial process, in which case the court may deny the
proposed consent order in its entirety.
This bill prescribes that juries in expedited jury trial
cases will be composed of eight or fewer jurors, unless the
parties have agreed to fewer; no alternates will be
selected.
This bill requires the court to allow each side three
peremptory jury challenges; if there are more than two
parties in a case and more than two sides, as determined by
the court under statute, the parties may request one
additional peremptory challenge each, which is to be
granted by the court as the interests of justice may
require.
This bill prescribes that nothing would preclude a jury
from deliberating as long as needed.
This bill prescribes that rules of evidence apply in
expedited jury trials, unless the parties stipulate
otherwise to relaxed rules. Any stipulation by the parties
to use relaxed rules of evidence may not be construed to
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eliminate or in any way affect the right of a witness or
party to invoke any applicable privilege or other law
protecting confidentiality.
This bill prescribes that the right to issue subpoenas and
notices to appear to secure the attendance of witnesses or
the production of documents at trial is as provided by
statute.
This bill prescribes that the verdict, which must be
approved by six of the eight jurors unless the parties
agree otherwise, in an expedited jury trial case is
binding, subject to any written high/low agreement or other
stipulations concerning the amount of the award agreed upon
by the parties.
This bill requires the parties to agree to waive any
motions for directed verdicts, motions to set aside the
verdict or any judgment rendered by the jury, or motions
for a new trial on the basis of inadequate or excessive
damages.
This bill prescribes that the court may not set aside any
verdict or any judgment, may not direct that judgment be
entered in favor of a party entitled to judgment as a
matter of law, and may not order a new trial except on the
grounds provided under statute.
This bill prescribes that, by agreeing to take part in the
expedited jury trial process, the parties agree to waive
the right to bring post-trial motions or to appeal from the
determination of the matter, except as otherwise provided.
The only grounds on which a party may move for a new trial
or appeal are any of the following:
1. Judicial officer misconduct that materially affected the
substantial rights of a party.
2. Misconduct of the jury.
3. Corruption, fraud, or other undue means employed in the
proceedings of the court, jury, or adverse party in such
a way that either party was prevented from having a fair
expedited jury trial.
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This bill authorizes a party to apply for a new trial on
any of the grounds, as specified, within 10 court days of
entry of a jury verdict. If the motion for new trial is
denied, the party may appeal the judgment to the
appropriate court with appellate jurisdiction and seek a
new expedited jury trial on any of the grounds, as
specified. Parties to an expedited jury trial may not
appeal on any other ground.
This bill restricts parties to an expedited jury trial from
making any post-trial motions except for motions to apply
for a new trial and motions relating to costs and
attorney's fees. All statutes and rules governing costs
and attorney's fees apply in expedited jury trials, unless
the parties agree otherwise in the consent order.
This bill requires the Judicial Council, on or before
January 1, 2011, to adopt rules and forms to establish
uniform procedures implementing the provisions for
expedited jury trials, including, but not limited to, rules
for all of the following:
1. Additional content of proposed consent orders.
2. Pretrial exchanges and submissions.
3. Pretrial conferences.
4. Time limits for jury selection.
5. Time limits for trial, including presentation of
evidence and argument;=.
6. Presentation of evidence and testimony.
7. Any other procedures necessary to implement the
provisions of this chapter.
The provisions of the bill sunset on January 1, 2016.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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SUPPORT : (Verified 8/3/10)
Consumer Attorneys of California (co-source)
California Defense Counsel (co-source)
American Insurance Association
Association of California Insurance Companies
California Chamber of Commerce
Civil Justice Association of California
Consumers Union
Judicial Council of California
ARGUMENTS IN SUPPORT : The author's office writes, "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.
Moreover, for many litigants, alternative dispute
resolution has not proven successful in resolving their
cases prior to trial.
"AB 2284 would establish the expedited jury trial in
California as a voluntary alternative, streamlined method
of handling civil actions that still allows parties to get
their day in court, provides cost savings to the parties,
reduces the backlog of civil cases, and more efficiently
manages jury resources. The bill would also authorize the
Judicial Council, consistent with its rulemaking authority,
to adopt rules of court."
Consumer Attorneys of California, a co-sponsor of this
bill, writes, "the key feature of [the expedited jury
trial] system is that litigants may participate on a
mutually voluntary basis when it suits the needs of the
case. The streamlined jury trial system could cut
litigation costs across the board for plaintiffs,
defendants, insurance carriers, and the courts. According
to a study of the South Carolina system by University of
Michigan Law Professor Steven Croley, the fast tracked
civil trials did not favor plaintiffs or defendants any
more than a traditional trial.
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"The voluntary streamlined jury trial process gains its
efficiencies in several important areas that contribute to
the rising cost of civil litigation. First, both sides can
stipulate to a high and low range on damages, which
guarantees that plaintiffs get paid a minimum amount and
that defendants can cap their liability. Second, the
parties agree to empanel only eight jurors without
alternates rather than twelve with alternates. Third, the
voir dire process would be further streamlined by using a
questionnaire agreed upon by the parties, by limiting the
use of peremptory challenges, and by allowing the judge to
participate. This fast track voir dire process could help
the litigants and the court empanel an impartial jury in a
matter of hours. Fourth, the streamlined jury trials would
not employ a court reporter unless a party pays that cost.
In sum, AB 2284 provides tremendous savings to all
participants in the civil jury trial system by promoting a
fast and fair jury trial and allowing courts to clear the
backlog of civil cases on their docket."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Bradford,
Brownley, Buchanan, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Blumenfield, Caballero, Huber, Huffman,
Norby, Vacancy
RJG:do 8/3/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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