Of the Trial and Judgment in Civil ActionsTrial by the Court
Section § 631
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.
Section § 631.2
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.
Section § 631.3
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.
Section § 631.5
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.
Section § 631.7
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.
Section § 631.8
Section § 632
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.
Section § 634
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.
Section § 635
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.
Section § 636
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.