BILL ANALYSIS �
AB 2255
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Date of Hearing: May 1, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2255 (Donnelly) - As Amended: March 29, 2012
SUBJECT : EXPEDITED JURY TRIAL 5-YEAR PILOT: SUNSET REMOVAL
AFTER LESS THAN 2 YEARS
KEY ISSUES :
1)sHOULD THE SUNSET dATE ON THE innovative pilot PROGRAM for
EXPEDITED JURY TRIALS BE LIFTED just 16 MONTHS INTO THE five
year PROGRAM?
2)NOTWITHSTANDING THAT INITIAL ANECDOTes SUGGEST THE PROGRAM IS
INDEED WORKING WELL IN ITS INFANCY, iS THERE ANY compelling
need TO DISRUPT THE STUDY PROCESS which WAS CAREFULLY
INCORPORATED INTO THE PILOT TO allow the LEGISLATURE to
STRENGTHEN THE PROGRAM based on ACTUAL experience PRIOR TO
MAKING THE PROGRAM PERMANENT?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This bill seeks to prematurely remove the sunset provision of
the Expedited Jury Trial pilot program. The 5 year sunset
provision was added to the measure when the experimental pilot
program was enacted to provide a helpful study process to allow
the Legislature potentially to strengthen the program, and avoid
any unintended consequences, based on experience, prior to
making the program permanent in 2015. Notwithstanding that
initial anecdotes suggest the program is indeed working very
well in its infancy, there does not appear to be any compelling
rationale to lift the sunset at this time - which will not
affect the progress and availability of the program in any way -
and instead will simply remove the ongoing study process
currently underway to assist the Legislature in making the
program even better before it is likely made permanent sometime
before its scheduled lapse in 2015. Indeed, the pilot program
has been in effect for merely 16 months, which the program's
many supporters acknowledge is not yet sufficient time to
determine whether there may be changes that could make the
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program even better before it is likely made permanent, or to
see if there may be any unintended consequences that may arise
during the study period. The bill is supported by the Civil
Justice Association of California, which writes that expedited
jury trials are beneficial for the plaintiffs and defendants who
choose to use them.
SUMMARY : Seeks to extend the current provisions of the
Expedited Jury Trial Act 3 years prior to the pilot program's
and attendant study's completion. Specifically, this bill :
1)Removes the five year sunset provision of the Expedited Jury
Trial Act that was passed by the Legislature in AB 2284
(Evans) of 2010.
2)Would dramatically cut short the time allotted to assess
whether the program is functioning effectively and having the
desired results.
EXISTING LAW :
1)Provides a procedure for an "expedited jury trial" and defines
this to mean a consensual, binding jury trial before a reduced
jury panel and a judicial officer.
2)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.
3)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.
4)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 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.
5)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.
6)Requires, for an expedited jury trial involving a minor, an
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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.
7)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.
8)Requires parties agreeing to an expedited jury trial to submit
a proposed consent order containing all of the following:
a) 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.
b) The parties' agreement to all of the following:
i) all parties waive all rights to appeal and to move
for directed verdict or make any post-trial motions,
except as provided by statute;
ii) each side will have up to three hours in which to
present its case;
iii) the jury is to be composed of eight or fewer jurors
with no alternates;
iv) 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; and
v) 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 existing law and in the implementing rules of court.
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9)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.
10)Prescribes that nothing would preclude a jury from
deliberating as long as needed.
11)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 eliminate or in any way
affect the right of a witness or party to invoke any
applicable privilege or other law protecting confidentiality.
12)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.
13)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.
14)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.
15)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.
16)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:
a) judicial officer misconduct that materially affected the
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substantial rights of a party;
b) misconduct of the jury; or
c) 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.
17)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.
18)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.
19)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:
a) additional content of proposed consent orders;
b) pretrial exchanges and submissions;
c) pretrial conferences;
d) time limits for jury selection;
e) time limits for trial, including presentation of
evidence and argument;
f) presentation of evidence and testimony; and
g) any other procedures necessary to implement the
provisions of this chapter.
20)Provides that the above provisions remain in effect until
January, 1, 2016, unless a later enacted statute, enacted
before January 1, 2016 deletes or extends it.
COMMENTS : The author writes:
AB 2255 removes the sunset law for the Expedited Jury Trials
Act. The rising costs of litigation presents an ongoing
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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. This bill would delete that repeal date, thereby
extending the operation of these provisions indefinitely.
This bill is a proactive approach to help the recovery of our
state's struggling business climate by saving litigants money
and speeding up our justice system.
This Bill Regrettably Seeks To Very Prematurely Eliminate The
Study Process That Was Carefully Incorporated into This
Promising Pilot Program When It Was Created, There Appears No
Compelling Need to Do So, Nor Any Obvious Benefit at This Time
in Doing So: The current provisions of this promising pilot
program are scheduled to sunset on January 1, 2016, in order to
allow a reasonable period of time for the Judicial Council to
review the progress of the program and make possible
recommendations to the Legislature to improve the program even
more. However this bill seeks to eliminate the sunset date and
make the program permanent before the Legislature has the
advantage of the incorporated review process. According to the
Senate Judiciary Committee analysis of AB 2284 (2010), the bill
that created this act, the sunset provision was included in this
section to ensure that this new method of moving jury trials
through the court system would work effectively, and that there
are no unintended effects of this new program. This
experimental program became effective on January 1, 2011, merely
16 months ago. Not only is there no evidence that eliminating
the study process incorporated into the pilot is needed, there
does not appear to be any affect that the bill would have on the
ability for parties to continue to take advantage of this
promising program in the coming years.
ARGUMENTS IN SUPPORT : The Civil Justice Association of
California writes in support of the measure, stating in part
that:
In 2010, AB 2284 (Evans, Chapter 674, Statutes of2010)
created expedited jury trials-a voluntary, alternative,
streamlined method of handling civil actions. These
voluntary, binding, shortened trials promote efficiency
without sacrificing fairness. The benefits to litigants
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include reduced time and expense for both sides, relief on
stressed judicial resources and on the jury pool, certainty
of trial dates, and finality of decisions?
Expedited jury trials can help alleviate the backlog of
civil trials, allowing cases with more complex issues, and
requiring more judicial resources, to advance more
expeditiously to trial? Expedited jury trials are
beneficial for the plaintiffs and defendants who choose to
use them?
REGISTERED SUPPORT / OPPOSITION :
Support
Civil Justice Association of California (CJAC)
Opposition
None on file
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334