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: 8/18/10 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 Counsel
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.
Senate Floor Amendments of 8/18/10 conform and clarify
various provisions of the bill and clarify the definition
of "post-trial motions." This bill also adds actions
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involving self-represented parties to the list of
circumstances under which a court must approve a stipulated
expedited jury trial.
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
contract, or as damages for breach of contract, or for
injuries, to be tried by a jury, unless a jury trial is
waived. (Code Civil 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 Civil Proc.
Sec. 86.)
Existing law restricts limited civil cases to a hearing
before a judge, not a jury. (Code Civil Proc. Sec.
116.510.)
Existing law regulates civil jury trial procedure. (Code
Civil 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 Civil Proc.
Sec. 220.)
Existing law allows each party to a civil action a limit of
six peremptory challenges of the jury panel. (Code Civil
Proc. Sec. 231(c).)
This bill, until January 1, 2016, establishes the Expedited
Jury Trials Act and defines, (1) "expedited jury trial" to
mean a consensual, binding jury trial before a reduced jury
panel and a judicial officer; (2) "high/low agreement"
means a written agreement entered into by the parties that
specifies a minimum amount of damages that a 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 returned by the jury.
Neither the existence of, nor the amounts contained in any
high/low agreements, may be disclosed to the jury; (3)
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"post-trial motions" do not include motions relating to
costs and attorney's fees, motions to correct a judgment
for a clerical error, and motions to enforce a judgment.
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 participate 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 either of the following
occurs: (1) all parties stipulate to end the agreement to
participate in the 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 participate in
an expedited jury trial may be entered into only after a
dispute has arisen and an action has been filed.
This bill requires the court to approve the use of an
expedited jury trial and any high/low agreements or other
stipulations for an expedited jury trial involving either
of the following: (1) a self-represented litigant; and (2)
a minor, an incompetent person, or a person for whom a
conservator has been appointed.
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 that party, individually identified
in the proposed consent order, have been informed of the
rules and procedures for an expedited jury trial and
provided with a Judicial Council information sheet
regarding expedited jury trials, have agreed to take
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part in or, in the case of a responsible insurance
carrier, not abject to, 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.
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 shall 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
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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. Any stipulation by the parties to use relaxed
rules of evidence may not be construed to 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 shall be in accordance
with this code.
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 provides that by agreeing to participate in the
expedited jury trial process, 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 shall 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 shall not order a new trial except on
the grounds provided under statute.
This bill prescribes that, by agreeing to participate 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
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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 that
prevented a party from having a fair trial.
This bill authorizes a party to file with the clerk and
serve on each adverse party a notice of intention to move
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, motions to correct a judgment for clerical
errors and motions to enforce a judgment. 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.
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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
SUPPORT : (Verified 8/19/10)
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."
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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.
"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. 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,
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Villines, Yamada, John A. Perez
NO VOTE RECORDED: Blumenfield, Caballero, Huber, Huffman,
Norby, Vacancy
RJG:do 8/19/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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