Trial by JuryConduct of the Trial

Section § 607

Explanation

Once the jury is sworn in, a trial follows a set order: First, the plaintiff explains their case, then the defendant can present their defense or wait to do so. The plaintiff then presents their evidence, after which the defendant can detail their defense and show their evidence. Both sides can offer rebuttal evidence, but only with the court's permission. After all evidence, the plaintiff begins the argument, followed by the defendant. If there are multiple defendants with different lawyers, the court decides the order of their presentations. Finally, the court gives instructions to the jury.

When the jury has been sworn, the trial must proceed in the following order, unless the court, for special reasons otherwise directs:
1. The plaintiff may state the issue and his case;
2. The defendant may then state his defense, if he so wishes, or wait until after plaintiff has produced his evidence;
3. The plaintiff must then produce the evidence on his part;
4. The defendant may then open his defense, if he has not done so previously;
5. The defendant may then produce the evidence on his part;
6. The parties may then respectively offer rebutting evidence only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original case;
7. When the evidence is concluded, unless the case is submitted to the jury on either side or on both sides without argument, the plaintiff must commence and may conclude the argument;
8. If several defendants having separate defenses, appear by different counsel, the court must determine their relative order in the evidence and argument;
9. The court may then charge the jury.
jury procedure trial order plaintiff statement ...

Section § 607

Explanation
When a case is being tried with a jury, the attorneys for both sides must give the judge and each other a set of proposed instructions for the jury on the legal issues outlined in the case documents before the first witness is called. They can add more instructions if new legal issues come up based on the evidence. These instructions need to be typed on separate sheets. Before arguments begin, the court has to tell the attorneys which instructions will be given, if any will be changed, and if any additional instructions are needed. If new issues arise during arguments, additional instructions may be given.
In every case which is being tried before the court with a jury, it shall be the duty of counsel for the respective parties, before the first witness is sworn, to deliver to the judge presiding at the trial and serve upon opposing counsel, all proposed instructions to the jury covering the law as disclosed by the pleadings. Thereafter, and before the commencement of the argument, counsel may deliver to such judge, and serve upon opposing counsel, additional proposed instructions to the jury upon questions of law developed by the evidence and not disclosed by the pleadings. All proposed instructions shall be typewritten, each on a separate sheet of paper. Before the commencement of the argument, the court, on request of counsel, must: (1) decide whether to give, refuse, or modify the proposed instructions; (2) decide which instructions shall be given in addition to those proposed, if any; and (3) advise counsel of all instructions to be given. However, if, during the argument, issues are raised which have not been covered by instructions given or refused, the court may, on request of counsel, give additional instructions on the subject matter thereof.
jury instructions proposed instructions typewritten instructions ...

Section § 608

Explanation

This law explains that when a judge gives instructions to a jury, they can explain all necessary legal rules to help the jury decide the case. If the judge talks about the testimony, they must remind the jury that deciding what the facts are is the jury's job alone. Additionally, if either side asks for it, the judge has to provide a written summary of the legal points discussed, or approve one that a lawyer prepares.

In charging the jury the Court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it state the testimony of the case, it must inform the jury that they are the exclusive judges of all questions of fact. The Court must furnish to either party, at the time, upon request, a statement in writing of the points of law contained in the charge, or sign, at the time, a statement of such points prepared and submitted by the counsel of either party.
jury instructions judge's charge legal points ...

Section § 609

Explanation

If one of the parties in a trial asks the judge to give the jury specific instructions, the judge has to either give those instructions, refuse them, or change them. Whatever the judge decides, it must be clear which instructions were given, whether fully or partially.

Where either party asks special instructions to be given to the jury, the Court must either give such instruction, as requested, or refuse to do so, or give the instruction with a modification, in such manner that it may distinctly appear what instructions were given in whole or in part.
jury instructions judge's decision legal instructions ...

Section § 611

Explanation

This law requires that if a jury is allowed to separate during a trial or deliberations, the court must remind them not to do any outside research, share information, or talk to anyone about the trial. They also shouldn't form or share any opinions until they officially have the case. This rule applies to all electronic and wireless communications, too.

If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to conduct research, disseminate information, or converse with, or permit themselves to be addressed by, any other person on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them. The court shall clearly explain, as part of the admonishment, that the prohibition on research, dissemination of information, and conversation applies to all forms of electronic and wireless communication.
jury separation court admonishment research prohibition ...

Section § 612

Explanation

When the jury goes to discuss a case, they can bring all the evidence papers, except depositions, unless the court thinks they shouldn't be removed. They can also take any proper exhibits and notes they've made during the trial, but not notes from others.

Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions, or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession; and they may also take with them any exhibits which the court may deem proper, notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.
jury deliberation evidence papers depositions ...

Section § 612.5

Explanation

When the jury goes to discuss the case, the court should let them know they can get a written copy of the instructions. The court can choose to give them the instructions automatically, but if the jury asks for them, the court must provide a copy.

Upon the jury retiring for deliberation, the court shall advise the jury of the availability of a written copy of the jury instructions. The court may, at its discretion, provide the jury with a copy of the written instructions given. However, if the jury requests the court to supply a copy of the written instructions, the court shall supply the jury with a copy.
jury instructions jury deliberation written copy ...

Section § 613

Explanation

When a jury starts discussing the case to reach a decision, they can do it in the courtroom or in a separate room under the supervision of an officer. If they are in a separate room, the officer must keep them together and ensure that no one talks to them or sends them messages unless it's to check if they've reached a decision. The officer can't share any details about their discussions or the decision until it's officially announced.

When the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they must be kept together in some convenient place, under charge of an officer, until at least three-fourths of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having them under his or her charge shall not permit any communication to be made to them, including any form of electronic or wireless communication, or make any himself or herself, except to ask them if they or three-fourths of them are agreed upon a verdict. The officer shall not, before their verdict is rendered, communicate to any person the state of their deliberations, or the verdict agreed upon.
jury deliberation officer supervision verdict agreement ...

Section § 614

Explanation

If the jury is confused about the testimony or needs clarification on a legal point during their discussion, they can ask to be brought back to the courtroom for more information. This needs to happen in front of the parties involved or their lawyers.

After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into Court. Upon their being brought into Court, the information required must be given in the presence of, or after notice to, the parties or counsel.
jury deliberation testimony disagreement legal clarification ...

Section § 614.5

Explanation
This law allows a judge to decide not to be present in the courtroom when previously recorded testimony is read to the jury, unless there's a good reason to be there.
Except for good cause shown, the judge in his or her discretion need not be present in the court while testimony previously received in evidence is read to the jury.
judge's presence courtroom discretion jury testimony reading ...

Section § 616

Explanation

This law says that if a jury can't reach a verdict or is stopped from doing so due to an accident or another reason during or after a trial, the trial can be conducted again either right away or later. This decision is up to the court, except in certain cases covered by another law, Section 630.

In all cases where the jury are discharged without having rendered a verdict, or are prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, except as provided in Section 630, the action may be again tried immediately, or at a future time, as the court may direct.
jury discharge verdict trial progression ...

Section § 617

Explanation

When a jury is deliberating, the court can take breaks to handle other matters but remains available for anything related to the case until there's a verdict or the jury is released. If the jury reaches a decision while the court is on a break, they can bring in a sealed verdict when the court reopens.

While the jury are absent the Court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. The Court may direct the jury to bring in a sealed verdict, at the opening of the Court, in case of an agreement during a recess or adjournment for the day.
jury deliberation court adjournment sealed verdict ...

Section § 618

Explanation

This law explains what happens when a jury reaches a decision in a California civil case. Once at least three-fourths of the jury agree on a verdict, they return to court, and their decision is read out loud. The jury foreperson must sign the written verdict. Either side in the case can ask for a jury poll, where each juror is asked if they agree with the verdict. If more than one-fourth disagree, the jury goes back to discuss further. If there are no disagreements, the verdict stands, and the jury is finished with the case.

When the jury, or three-fourths of them, have agreed upon a verdict, they must be conducted into court and the verdict rendered by their foreperson. The verdict must be in writing, signed by the foreperson, and must be read to the jury by the clerk, and the inquiry made whether it is their verdict. Either party may require the jury to be polled, which is done by the court or clerk, asking each juror if it is the juror’s verdict. If upon inquiry or polling, more than one-fourth of the jurors disagree thereto, the jury must be sent out again, but if no disagreement is expressed, the verdict is complete and the jury discharged from the case.
jury verdict three-fourths majority jury polling ...

Section § 619

Explanation

If a jury's verdict doesn't clearly or fully address the questions they were supposed to answer, the judge can help the jury fix it, or the jury can be asked to deliberate again.

When the verdict is announced, if it is informal or insufficient, in not covering the issue submitted, it may be corrected by the jury under the advice of the Court, or the jury may be again sent out.
jury verdict informal verdict insufficient verdict ...