Chapter 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases

California Code of Civil Procedure — §§ 630.20-630.29

Sections (10)

Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.

(a)Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter.

(b)Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met:

(1)Punitive damages are sought.

(2)Damages in excess of insurance policy limits are sought.

(3)A party’s insurer is providing a legal defense subject to a reservation of rights.

(4)The case involves a claim reportable to a governmental entity.

(5)The case involves a claim of moral turpitude that may affect an individual’s professional licensing.

(6)The case involves claims of intentional conduct.

(7)The case has been reclassified as unlimited pursuant to Section 403.020.

(8)The complaint contains a demand for attorney’s fees, unless those fees are sought pursuant to Section 1717 of the Civil Code.

(9)The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time.

(c)This chapter does not apply to a proceeding in forcible entry or forcible or unlawful detainer.

(d)A judgment in a limited civil case conducted as a mandatory expedited jury trial may be

appealed to the appellate division of the superior court in which the case was tried.

§ 630.21

Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.

For purposes of this chapter:

(a)“Mandatory expedited jury trial” means a jury trial before a reduced jury panel and a judge, conducted pursuant to this chapter.

(b)“High/low agreement” means a written agreement entered into by the parties that specifies a minimum amount of damages that a

plaintiff is guaranteed to receive from the defendant, and a maximum amount of damages that the defendant will be liable for, regardless of the ultimate verdict returned by the jury. Neither the existence of, nor the amounts contained in, any high/low agreements may be disclosed to the jury.

§ 630.22

Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.

(a)The procedures in this chapter and in the implementing rules of court shall apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties agree otherwise, as permitted under subdivision (d) of Section 630.23, and the court so orders.

(b)Any matters not expressly addressed in this chapter, in the

implementing rules of court, or in an agreement authorized by this chapter and the implementing rules, are governed by applicable statutes and rules governing civil actions.

§ 630.23

Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.

The following rules and procedures apply to mandatory expedited jury trials conducted pursuant to this chapter:

(a)Each side shall have up to five hours in which to complete voir dire and to present its case.

(b)The jury shall be composed of eight jurors and one alternate, unless the parties have

agreed to fewer jurors.

(c)Each side shall be limited to four peremptory challenges, unless the court permits an additional challenge in cases with more than two sides. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require.

(d)The parties may agree to modify the rules and procedures specified in this chapter and the implementing rules of court, subject to the court’s approval.

§ 630.24

Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.

Nothing in this chapter is intended to preclude a jury from deliberating as long as needed.

§ 630.25

Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.

(a)The rules of evidence apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties stipulate otherwise.

(b)Any stipulation by the parties to use relaxed rules of evidence shall not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other

law protecting confidentiality.

(c)The right to issue subpoenas and notices to appear to secure the attendance of witnesses or the production of documents at trial shall be in accordance with this code.

§ 630.26

Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.

(a)A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise.

(b)The verdict in a limited civil case following a mandatory expedited jury trial case shall be appealable under subdivision (d) of Section 630.20 and subject to any written high/low agreement or other stipulations concerning the amount

of the award agreed upon by the parties.

§ 630.27

Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.

All statutes and rules governing costs and attorney’s fees shall apply in limited civil cases that are conducted as mandatory expedited jury trials, unless the parties stipulate otherwise.

§ 630.28

Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016.

The Judicial Council shall, on or before July 1, 2016, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter, including, rules for the following:

(a)Pretrial exchanges and submissions.

(b)Pretrial conferences.

(c)Opt-out procedures pursuant to subdivision (b) of Section 630.20.

(d)Presentation of evidence and testimony.

(e)Any other procedures necessary to implement the provisions of this chapter.

§ 630.29

Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016.

Sections 630.20 to 630.27, inclusive, shall become operative on July 1, 2016.