Of the Trial and Judgment in Civil ActionsMandatory Expedited Jury Trials in Limited Civil Cases
Section § 630.20
This law states that certain small-scale civil cases in California, known as limited civil cases, must generally go through a fast-track jury trial process unless specific exceptions apply. These exceptions include situations where punitive damages are sought, insurance policies are exceeded, or complex claims involve government reporting or professional licensing issues. Cases can also opt-out if they involve moral misconduct, intentional wrongdoing, or if more time is needed to present the case. Additionally, the rules don't apply to eviction-related proceedings.
Judgments from these expedited trials can be appealed in the superior court's appellate division.
Section § 630.21
This section explains two key terms in the context of jury trials. A 'mandatory expedited jury trial' is a faster jury trial with fewer jurors and is conducted following specific rules. A 'high/low agreement' is a deal between the parties where they set a minimum and maximum amount of money the defendant will pay the plaintiff, regardless of what the jury decides. Importantly, details of this agreement cannot be shared with the jury.
Section § 630.22
This law outlines the use of mandatory expedited jury trials for limited civil cases. These trials follow specific procedures unless all involved parties agree to do things differently, and the court approves. Anything not specifically covered by these rules will follow the general rules for civil cases.
Section § 630.23
This law outlines the specific rules for conducting mandatory expedited jury trials. Each side has five hours to question potential jurors (voir dire) and present their case. The jury normally consists of eight jurors and one alternate, but fewer can be agreed upon by the parties. Each side can dismiss up to four jurors without giving a reason (peremptory challenges), but additional challenges may be allowed if there are more than two sides involved. The parties can also agree to change these rules if the court approves.
Section § 630.24
This law clarifies that there is no time limit imposed on how long a jury can discuss and decide on a case. They can take as much time as they need.
Section § 630.25
In small civil cases with quick jury trials in California, normal evidence rules apply unless everyone involved agrees to different rules. Even if they agree to relax the rules, this won’t change any protections about confidentiality or privileges for witnesses. Also, you can still use subpoenas and notices to get people or documents to the trial.
Section § 630.26
In an expedited jury trial with eight jurors, at least six must agree on the verdict unless everyone involved decides differently. Any verdict reached can be appealed, and any set agreements about the award's amount will still apply.
Section § 630.27
This law says that in smaller civil cases that go through a faster jury trial process, the usual rules about costs and attorney’s fees still apply. However, if both parties agree, they can choose to follow different rules.
Section § 630.28
This law requires the Judicial Council to create rules and forms by July 1, 2016, for establishing consistent procedures related to certain legal processes. These include how parties should exchange information before trial, conduct pretrial conferences, follow procedures to opt-out of certain processes, present evidence and testimony, and any other needed procedures to carry out the chapter's provisions.