Orange — Expedited Jury Trial Information Sheet (EJT-010-INFO)

Source: https://courts.ca.gov/sites/default/files/courts/default/2024-11/ejt001info.pdf

EJT-001-INFO Expedited Jury Trial Information Sheet

mandatory ones do, but have one other

This information sheet is for anyone involved in a civil important aspect—all parties must waive their lawsuit who will be taking part in an expedited jury rights to appeal. In order to help keep down the trial—a trial that is shorter and has a smaller jury than a costs of litigation, there are no appeals following traditional jury trial. a voluntary expedited jury trial except in very limited circumstances. These are explained more fully in 9 . .You can find the law and rules governing expedited jury trials in Code of Civil Procedure sections 3 Will the case be in front of a judge?630.01–630.29 and in rules 3.1545–3.1553 of the California Rules of Court. You can find these at any The trial will take place at a courthouse and a judge, or, county law library or online. The statutes are online if you agree, a temporary judge (a court commissioner or at http://leginfo.legislature.ca.gov/faces/codes.xhtml. an experienced attorney that the court appoints to act as The rules are at www.courts.ca.gov/rules. a judge) will handle the trial.

Does the jury have to reach a 1 What is an expedited jury trial? 4
unanimous decision?

An expedited jury trial is a short trial, generally lasting No. Just as in a traditional civil jury trial, only three-only one or two days. It is intended to be quicker and quarters of the jury must agree in order to reach aless expensive than a traditional jury trial. decision in an expedited jury trial. With 8 people on the As in a traditional jury trial, a jury will hear your case jury, that means that at least 6 of the jurors must agree and will reach a decision about whether one side has to on the verdict in an expedited jury trial. pay money to the other side. An expedited jury trial differs from a regular jury trial in several important 5 Is the decision of the jury binding ways: on the parties? The trial will be shorter. Each side has 5 hours to Generally, yes, but not always. A verdict from a jury in pick a jury, put on all its witnesses, show the jury an expedited jury trial is like a verdict in a traditional its evidence, and argue its case. jury trial. The court will enter a judgment based on the The jury will be smaller. There will be 8 jurors verdict, the jury’s decision that one or more defendants instead of 12. will pay money to the plaintiff or that the plaintiff gets Choosing the jury will be faster. The parties will no money at all. exercise fewer challenges. But parties in an expedited jury trial, like in other kinds of trials, are allowed to make an agreement before the 2 What cases have expedited jury trials? trial that guarantees that the defendant will pay a certain Mandatory expedited jury trials. All limited civil amount to the plaintiff even if the jury decides on a cases—cases where the demand for damages or the lower payment or no payment. That agreement may also value of property at issue is $25,000 or less—come put a cap on the highest amount that a defendant has to within the mandatory expedited jury trial pay, even if the jury decides on a higher amount. These procedures. These can be found in the Code of agreements are known as “high/low agreements.” You Civil Procedure, starting at section 630.20. Unless should discuss with your attorney whether you should your case is an unlawful detainer (eviction) action, enter into such an agreement in your case and how it will or meets one of the exceptions set out in the statute, affect you. it will be within the expedited jury trial procedures. These exceptions are explained more in 7 below. 6 How else is an expedited jury trial different? Voluntary expedited jury trials. If your civil case is not a limited civil case, or even if it is, The goal of the expedited jury trial process is to have you can choose to take part in a voluntary shorter and less expensive trials. expedited jury trial, if all the parties agree to do The cases that come within the mandatory expedited so. Voluntary expedited jury trials have the same jury trial procedures are all limited civil actions, and shorter time frame and smaller jury that the they must proceed under the limited discovery and

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Judicial Council of California, www.courts.ca.gov Expedited Jury Trial Information Sheet EJT-001-INFO, Page 1 of 2 Revised July 1, 2016, Mandatory Form Code of Civil Procedure, § 630.01–630.10 Cal. Rules of Court, rules 3.1545–3.1553

EJT-001-INFO Expedited Jury Trial Information Sheet

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pretrial rules that apply to those actions. See Code of document called [Proposed] Consent Order for
Civil Procedure sections 90–100. Voluntary Expedited Jury Trial, which will be submitted

The voluntary expedited jury trial rules set up some to the court for approval. (Form EJT-020 may be used special procedures to help those cases have shorter for this.) The court must issue the consent order as and less expensive trials. For example, the rules proposed by the parties unless the court finds good cause require that several weeks before the trial takes why the action should not proceed through the expedited place, the parties show each other all exhibits and jury trial process. tell each other what witnesses will be at the trial. In 9 Why do I give up most of my rights addition, the judge will meet with the attorneys before the trial to work out some things in advance. to an appeal in a voluntary expedited jury trial? The other big difference is that the parties in either kind To keep costs down and provide a faster end to the case,of expedited jury trial can make agreements about how all parties who agree to take part in a voluntarythe case will be tried so that it can be tried quickly and expedited jury trial must agree to waive the right toeffectively. These agreements may include what rules appeal the jury verdict or decisions by the judicial officerwill apply to the case, how many witnesses can testify concerning the trial unless one of the following happens:for each side, what kind of evidence may be used, and what facts the parties already agree to and so do not need Misconduct of the judicial officer that materially the jury to decide. The parties can agree to modify many affected substantial rights of a party; of the rules that apply to trials generally or to any Misconduct of the jury; or pretrial aspect of the expedited jury trials. Corruption or fraud or some other bad act 7 Do I have to have an expedited jury that prevented a fair trial. In addition, parties may not ask the judge to set the jury trial if my case is for $25,000 or less? verdict aside, except on those same grounds. Neither youNot always. There are some exceptions. nor the other side will be able to ask for a new trial on The mandatory expedited jury trial procedures do the grounds that the jury verdict was too high or too low, not apply to any unlawful detainer or eviction case. that legal mistakes were made before or during the trial, Any party may ask to opt out of the procedures if the or that new evidence was found later. case meets any of the criteria set out in Code of Civil Procedure section 630.20(b), all of which are also 10 Can I change my mind after agreeing described in item 2 of the Request to Opt Out of to a voluntary expedited jury trial? Mandatory Expedited Jury Trial (form EJT-003). No, unless the other side or the court agrees. Once you Any request to opt out must be made on that form, and the other side have agreed to take part in a voluntary and it must be made within a certain time period, as expedited jury trial, that agreement is binding on both set out in Cal. Rules of Court, rule 3.1546(c). Any sides. It can be changed only if both sides want to opposition must be filed within 15 days after the change it or stop the process or if a court decides there request has been served. are good reasons the voluntary expedited jury trial The remainder of this information sheet applies only to should not be used in the case. This is why it is voluntary expedited jury trials. important to talk to your attorney before agreeing to a voluntary expedited jury trial. This information sheet 8 Who can take part in a voluntary does not cover everything you may need to know about expedited jury trial? voluntary expedited jury trials. It only gives you an overview of the process and how it may affect yourThe process can be used in any civil case that the parties rights. You should discuss all the points covered hereagree may be tried in one or two days. To have a

voluntary expedited jury trials. It only gives you an overview of the process and how it may affect yourThe process can be used in any civil case that the parties rights. You should discuss all the points covered hereagree may be tried in one or two days. To have a and any questions you have about expedited juryvoluntary expedited jury trial, both sides must want one. trials with an attorney before agreeing to a voluntaryEach side must agree to all the rules described in 1 , expedited jury trial.and to waive most appeal rights. The agreements between the parties must be put into writing in a

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Revised July 1, 2016 Expedited Jury Trial Information Sheet EJT-001-INFO, Page 2 of 2