Section § 631

Explanation

This law ensures that the right to a trial by jury is protected in civil cases, but there are specific rules for how it can be waived. To have a jury, at least one party on each side must pay a $150 nonrefundable fee to help cover state costs. Timing for fee payment varies depending on the case type and management conference schedule. A party can waive their right to a jury by not following certain procedures, like not paying the fee on time or not showing up at trial. If a party missed their chance but pays by a certain deadline, they might still get a jury. Each day of the trial, parties must also deposit fees for the jury's costs. Courts can sometimes allow a jury trial even if the right has been waived. Fees collected go to the Trial Court Trust Fund.

(a)CA Civil Procedure Code § 631(a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate. In civil cases, a jury may only be waived pursuant to subdivision (f).
(b)CA Civil Procedure Code § 631(b) At least one party demanding a jury on each side of a civil case shall pay a nonrefundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case. The fee shall offset the costs to the state of providing juries in civil cases. If there are more than two parties to the case, for purposes of this section only, all plaintiffs shall be considered one side of the case, and all other parties shall be considered the other side of the case. Payment of the fee by a party on one side of the case shall not relieve parties on the other side of the case from waiver pursuant to subdivision (f).
(c)CA Civil Procedure Code § 631(c) The fee described in subdivision (b) shall be due on or before the date scheduled for the initial case management conference in the action, except as follows:
(1)CA Civil Procedure Code § 631(c)(1) In unlawful detainer actions, the fees shall be due at least five days before the date set for trial.
(2)CA Civil Procedure Code § 631(c)(2) If no case management conference is scheduled in a civil action, or the initial case management conference occurred before June 28, 2012, and the initial complaint was filed on or after July 1, 2011, the fee shall be due no later than 365 calendar days after the filing of the initial complaint.
(3)CA Civil Procedure Code § 631(c)(3) If the initial case management conference occurred before June 28, 2012, and the initial complaint in the case was filed before July 1, 2011, the fee shall be due at least 25 calendar days before the date initially set for trial.
(4)CA Civil Procedure Code § 631(c)(4) If the party requesting a jury has not appeared before the initial case management conference, or first appeared more than 365 calendar days after the filing of the initial complaint, the fee shall be due at least 25 calendar days before the date initially set for trial.
(d)CA Civil Procedure Code § 631(d) If a party failed to timely pay the fee described in subdivision (b) that was due between June 27, 2012, and November 30, 2012, the party will be relieved of a jury waiver on that basis only if the party pays the fee on or before December 31, 2012, or 25 calendar days before the date initially set for trial, whichever is earlier.
(e)CA Civil Procedure Code § 631(e) The parties demanding a jury trial shall deposit with the clerk or judge, at the beginning of the second and each succeeding day’s session, a sum equal to that day’s fees and mileage of the jury, including the fees and mileage for the trial jury panel if the trial jury has not yet been selected and sworn. If more than one party has demanded a jury, the respective amount to be paid daily by each party demanding a jury shall be determined by stipulation of the parties or by order of the court.
(f)CA Civil Procedure Code § 631(f) A party waives trial by jury in any of the following ways:
(1)CA Civil Procedure Code § 631(f)(1) By failing to appear at the trial.
(2)CA Civil Procedure Code § 631(f)(2) By written consent filed with the clerk or judge.
(3)CA Civil Procedure Code § 631(f)(3) By oral consent, in open court, entered in the minutes.
(4)CA Civil Procedure Code § 631(f)(4) By failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set without notice or stipulation.
(5)CA Civil Procedure Code § 631(f)(5) By failing to timely pay the fee described in subdivision (b), unless another party on the same side of the case has paid that fee.
(6)CA Civil Procedure Code § 631(f)(6) By failing to deposit with the clerk or judge, at the beginning of the second and each succeeding day’s session, the sum provided in subdivision (e).
(g)CA Civil Procedure Code § 631(g) The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.
(h)CA Civil Procedure Code § 631(h) The court shall transmit the fee described in subdivision (b) to the State Treasury for deposit in the Trial Court Trust Fund within 45 calendar days after the end of the month in which the fee is paid to the court.

Section § 631.2

Explanation

This law section explains that the court can use its general funds to pay jury fees in civil cases but it doesn't eliminate the responsibility of the party requesting the jury to deposit those fees as required. The party that asked for the jury trial has to pay back the court for the costs related to the jurors who show up for jury selection. However, if those jurors were excused and go to another case on the same day, the fee for those is not charged again.

(a)CA Civil Procedure Code § 631.2(a) Notwithstanding any other provision of law, the superior court may pay jury fees in civil cases from general funds of the court available therefor. Nothing in this section shall be construed to change the requirements for the deposit of jury fees in any civil case by the appropriate party to the litigation at the time and in the manner otherwise provided by law. Nothing in this section shall preclude the right of the superior court to be reimbursed by the party to the litigation liable therefor for any payment of jury fees pursuant to this section. Nothing in this section shall preclude the right of the county to be reimbursed by the party to the litigation liable therefor for any payment of jury fees pursuant to this section as it read in Section 4 of Chapter 10 of the Statutes of 1988, or pursuant to former Section 631.1 as it read in Section 1 of Chapter 144 of the Statutes of 1971.
(b)CA Civil Procedure Code § 631.2(b) The party who has demanded trial by jury shall reimburse the superior court for the fees and mileage of all jurors appearing for voir dire examination, except those jurors who are excused and subsequently on the same day are called for voir dire examination in another case.

Section § 631.3

Explanation

This law explains what happens to jury fees paid by a party involved in a court case. If a case is delayed, settled, or dismissed and there isn't enough time to inform the jury, the fees won't be refunded. The party must also request a refund in writing within 20 business days after the trial changes or the case concludes. Otherwise, the fees go to the Trial Court Trust Fund. Additionally, if a juror serves multiple cases in a day, those fees also go to the fund. Old fees from before 1999 are similarly transferred if the involved cases have been resolved for over three years. Lastly, one specific type of jury fee cannot be refunded regardless.

(a)CA Civil Procedure Code § 631.3(a) Notwithstanding any other law, when a party to the litigation has deposited jury fees with the judge or clerk and that party waives a jury or obtains a continuance of the trial, or the case is settled, none of the deposit shall be refunded if the court finds there has been insufficient time to notify the jurors that the trial would not proceed at the time set. If the jury fees so deposited are not refunded for any of these reasons, or if a refund of jury fees deposited with the judge or clerk has not been requested, in writing, by the depositing party within 20 business days from the date on which the jury is waived or the action is settled, dismissed, or a continuance thereof granted, the fees shall be transmitted to the Controller for deposit into the Trial Court Trust Fund.
(b)CA Civil Procedure Code § 631.3(b) All jury fees and mileage fees that may accrue by reason of a juror serving on more than one case in the same day shall be transmitted to the Controller for deposit into the Trial Court Trust Fund. All jury fees that were deposited with the court in advance of trial pursuant to Section 631 prior to January 1, 1999, and that remain on deposit in cases that were settled, dismissed, or otherwise disposed of, and three years have passed since the date the case was settled, dismissed, or otherwise disposed of, shall be transmitted to the Controller for deposit into the Trial Court Trust Fund.
(c)CA Civil Procedure Code § 631.3(c) The fee described in subdivision (b) of Section 631 shall be nonrefundable and is not subject to this section.

Section § 631.5

Explanation

If someone is trying to take property through eminent domain and there's a jury trial involved, they must pay the jury fees and travel costs, no matter who asked for the jury trial. The trial won't start until these payments are made.

In all cases of eminent domain the deposits of jury fees and mileage provided for in section 631 of this code shall be made by the party seeking condemnation regardless of which party shall have demanded a jury trial, and the trial shall not proceed until such deposits are made.

Section § 631.7

Explanation

This law section states that in a civil trial without a jury, the trial will typically follow the predetermined sequence outlined in another law, unless the court decides to change it.

Ordinarily, unless the court otherwise directs, the trial of a civil action tried by the court without a jury shall proceed in the order specified in Section 607.

Section § 631.8

Explanation
In a bench trial, after one party finishes presenting their evidence, the other party can ask the judge to make a decision based on that evidence. The judge can either make a decision at that point or wait until all the evidence is presented. If the judge decides some parts of the case but not others, the trial continues for the unresolved parts. If a decision is made at this stage, it affects the final judgment unless specified otherwise.
(a)CA Civil Procedure Code § 631.8(a) After a party has completed his presentation of evidence in a trial by the court, the other party, without waiving his right to offer evidence in support of his defense or in rebuttal in the event the motion is not granted, may move for a judgment. The court as trier of the facts shall weigh the evidence and may render a judgment in favor of the moving party, in which case the court shall make a statement of decision as provided in Sections 632 and 634, or may decline to render any judgment until the close of all the evidence. The court may consider all evidence received, provided, however, that the party against whom the motion for judgment has been made shall have had an opportunity to present additional evidence to rebut evidence received during the presentation of evidence deemed by the presenting party to have been adverse to him, and to rehabilitate the testimony of a witness whose credibility has been attacked by the moving party. Such motion may also be made and granted as to any cross-complaint.
(b)CA Civil Procedure Code § 631.8(b) If it appears that the evidence presented supports the granting of the motion as to some but not all the issues involved in the action, the court shall grant the motion as to those issues and the action shall proceed as to the issues remaining. Despite the granting of such a motion, no final judgment shall be entered prior to the termination of the action, but the final judgment in such action shall, in addition to any matters determined in the trial, award judgment as determined by the motion herein provided for.
(c)CA Civil Procedure Code § 631.8(c) If the motion is granted, unless the court in its order for judgment otherwise specifies, such judgment operates as an adjudication upon the merits.

Section § 632

Explanation

In California's superior courts, when the judge is deciding on factual matters, they don't have to write detailed findings unless someone who's part of the trial asks for it. This request has to be made within 10 days after the judge announces their preliminary decision. If the trial is short, either finished in one day or taking less than eight hours spread over a few days, the request should be made before the case is submitted for decision. When asking for this written explanation, you need to specify which issues you want it to cover. Once a request is made, parties can suggest what the judge's written explanation should include. The explanation is usually written unless it's a really short trial, in which case it can be delivered verbally in court with everyone present.

In superior courts, upon the trial of a question of fact by the court, written findings of fact and conclusions of law shall not be required. The court shall issue a statement of decision explaining the factual and legal basis for its decision as to each of the principal controverted issues at trial upon the request of any party appearing at the trial. The request must be made within 10 days after the court announces a tentative decision unless the trial is concluded within one calendar day or in less than eight hours over more than one day in which event the request must be made prior to the submission of the matter for decision. The request for a statement of decision shall specify those controverted issues as to which the party is requesting a statement of decision. After a party has requested the statement, any party may make proposals as to the content of the statement of decision.
The statement of decision shall be in writing, unless the parties appearing at trial agree otherwise; however, when the trial is concluded within one calendar day or in less than 8 hours over more than one day, the statement of decision may be made orally on the record in the presence of the parties.

Section § 634

Explanation

If a court's written decision doesn't clearly address a disputed issue or is unclear, and this was pointed out to the court before the judgment or during certain motions, it's assumed that the court did not automatically side with the winning party on that issue if later challenged in an appeal or motion.

When a statement of decision does not resolve a controverted issue, or if the statement is ambiguous and the record shows that the omission or ambiguity was brought to the attention of the trial court either prior to entry of judgment or in conjunction with a motion under Section 657 or 663, it shall not be inferred on appeal or upon a motion under Section 657 or 663 that the trial court decided in favor of the prevailing party as to those facts or on that issue.

Section § 635

Explanation

This law states that if the judge who heard a case can't sign the final judgment or order, another judge, like the presiding judge or one they pick, can sign it instead, as long as it matches what was already recorded in the court's minutes.

In all cases where the decision of the court has been entered in its minutes, and when the judge who heard or tried the case is unavailable, the formal judgment or order conforming to the minutes may be signed by the presiding judge of the court or by a judge designated by the presiding judge.

Section § 636

Explanation

If the plaintiff wins a legal issue and the defendant doesn't respond, the plaintiff can move forward with certain procedures. If the defendant wins and more information or accounting is needed for a final decision, the court can appoint someone to gather that information.

On a judgment for the plaintiff upon an issue of law, he may proceed in the manner prescribed by the first two subdivisions of Section 585, upon the failure of the defendant to answer. If judgment be for the defendant upon an issue of law, and the taking of an account, or the proof of any fact, be necessary to enable the Court to complete the judgment, a reference may be ordered, as in that section provided.