Expedited Jury Trials Hon. Noreen Evans California State Senator Hon. Gary Nadler Presiding Judge of Sonoma County Anne Ronan, Esq. Office of the General Counsel Administrative Office of the Courts Lewis Warren, Esq.
History of Legislation Senator Noreen Evans AB 2284 (Evans (2010)) enacted new provisions at Code of Civil Procedure, sections 630.01 630.10 Judicial Council adopted Rules of Court, rules 3.1545 3.1552, and new form Expedited Jury Trial Information Sheet (form EJT-010) All effective January 1, 2011 New proposed forms
Purpose of Expedited Jury Trials Intended to address lack of access to courts with streamlined alternative to traditional trial Anticipated to work well in Smaller cases Cases with single issue in dispute Cases with high/low settlement agreements Goal- to complete trial w/in 1 full trial day [CRC Rule 3.1550]
Applicable law Code of Civil Procedure and current rules of court apply except for changes set forth in EJT Act and EJT rules of court, or in the parties written agreement But parties cannot agree to change the four mandatory EJT elements (time, size of jury, number of challenges, and finality of judgment) (CCP 630.02)
Why Consider Expedited Jury Trials? Saves money Faster Final Allows a litigant their day in court (literally) Jurors want to serve
Example- New York Program Not/ Binding Limits on # of Witnesses Relaxed Rules of Evidence Time Limits
New York Program Numbers Statistics-9/06 to 12/06 Statistics-1/07 to 2/07 26 Cases 16 Cases 6 ᴫ/20 8 ᴫ/8 Average Verdict: $80,443 Average Verdict: $54,750
Statistics: 3/07 to 4/07 Statistics: 5/07-6/07 13 Cases 15 Cases 8 ᴫ/5 7 ᴫ/8 Average Verdict: $51,077 Average Verdict: $142,857
Facts Learned From New York- 70 Cases Bulk are MVA s Range: 0 to $250,000 Deliberations: 15 minutes to 3.25 hours # of Witnesses Ranged from 1 to 5 Voir Dire: Averaged 45 Minutes Total
UnScientific comparison 11 Trial Verdicts Reported 6 Defense Daily Journal October 8, 2010 Verdicts Ranged from $300 to $346,000 Trials ranged from 2.5 days to 30; Deliberations 3 hrs to 3 days
Bottom line: Verdicts Awards Comparable to Regular Trials
The expedited jury trial: in a nutshell 1. Voluntary Binding 2. 3. Goal is 1 Day Completion (shorter; less expensive trials) Appeal/Post-Trial Motions Limited (Swifter finality in judgments due to lack of appeals)
4. 8 Person Jury No Alternates 5. 3 Hour Limitation Per Side for Presentation of the Trial D 6. Flexibility in Implementation
Key Provisions: Summary Completely voluntary Four mandatory elements: Short trial (3 hours each side) Smaller jury (8 members) Fewer peremptory challenges Jury decision is final (only very limited appeals) Great flexibility on all other aspects NO limit on jury deliberations
Agreement of Parties Agreement must be set out in proposed consent order Signed by both parties and counsel Includes agreement to four mandatory elements of EJT Includes any other agreements (except high/low agreement) Other potential agreement topics listed in Rule 3.1547(b) Procedures very flexible
High/Low Agreement CCP 630.01(b); CRC 3.1547 If parties include self-represented litigant or a minor, incompetent, or conservatee, agreement to take part in EJT and any high/low agreement must be approved by court [CCP 630.03] High/low agreements otherwise not disclosed to court pre-trial (unless parties stip.) and never disclosed to jury. [CCP 630.01(b); CRC Rule 3.1547(a)(2)]
Court Action Approve proposed consent order Deny in its entirety if finds good cause why case should not be in EJT program Court CANNOT unilaterally change provisions in the proposed consent order. [CCP 630.03(f)]
Who will be assigned PJ will assign judge [in Sonoma Cty., assigned at time of filing] Courts have discretion as to how to handle Temporary Judge acceptable, but only if on court list and meets qualifications under rules 2.810-2.819 The ct. may NOT assign a temporary judge that the parties stipulate to, whether or not privately compensated [CRC Rule 3.1546]
Consent Order To be eligible, parties must submit to the court (unless otherwise ordered), no later than 30 days before any assigned trial date, a proposed consent order granting an expedited jury trial Consider addressing during CMC, and note on CMC Statement May not be ordered as settlement before any action filed CCP 630.03(c)
Consent Order SHALL Include: CCP 630.03(e): As to (1) each party, and (2) any insurance carrier responsible for providing coverage or defense on behalf of that party (individually identified in the proposed consent order): That each has been informed of the rules and procedures for an expedited jury trial and provided with a Judicial Council information sheet regarding expedited jury trials That each has agreed to take part in or, in the case of a responsible insurance carrier, not object to, the expedited jury trial process, and That each has agreed to all the specific provisions set forth in the consent order
Consent Order SHALL Include (Continued) The parties agreement (inter alia) that: Rights to appeal, to move for directed verdict, and posttrial motions waived (except on specified grounds) [Specifically allows atty fee motions post-trial]. That each side gets up to 3 hours to present case That the jury will be composed of 8 jurors with no alternates [Parties may agree on fewer than 8 jurors] Each side limited to 3 peremptory challenges, unless ct. allows more if more than two sides
Contents of Consent Order: Possible Stipulations; CRC 3.1547 Suggested topics for agreement: Modifications of pretrial submissions times required by rule 3.1548; Limiting number of percipient/expert witnesses Modification of expert exchange procedures Modification of use of three hour time periods Evidentiary stips as to evidence, scope, and relaxation of rules of evidence Modifying time to file and serve motions in limine Agreements as to the number of jurors (Fewer than eight; number for verdict)
Pretrial Exchange [CRC Rule 3.1548(b)] 25 days before the trial, parties exchange Witness lists (except impeachment or rebuttal) Exhibits (except impeachment or rebuttal) Depositions for use at trial (except impeachment or rebuttal) Tapes, DVDs, etc. (except impeachment or rebuttal) Proposed jury instructions and verdict forms Juror questionnaires Motions in limine 20 days before trial: supplemental exchange of above items file motions in limine and lodge all other items with court Does not include items used solely for closing argument [CRC Rule 1551(b)] Failure to serve the exhibits in advance grounds for preclusion [CRC Rule 3.1548(e)]
Pretrial Exchange (Continued) 20 days before trial: supplemental exchange of above items file motions in limine and lodge all other items with court Does not include items used solely for closing argument [CRC Rule 1551(b)] Failure to serve the exhibits in advance grounds for preclusion [CRC Rule 3.1548(e)]
Pretrial Conference At least 15 days before trial (unless parties have agreed to other time frame in consent order) Court to hold pretrial conference, and rule on: Any objections to evidence exchanged Agreements re presentation of evidence Jury questionnaire Jury instructions and special verdicts Allocation of time for each side s case Motions in limine Any other procedural issues re trial [CRC Rule 3.1548(f)]
Jury size and selection Eight jurors, unless the parties have agreed to fewer, with no alternates Each side will be allowed up to three peremptory challenges Possible to have additional challenge in multiple party cases [CCP 630.04] One hour for voir dire, 15 minutes for each side and for judge (Equals 45 mins.?) [CRC Rule 3.1549] Joint juror questionnaires encouraged
Trial Three hours per side to present case Includes opening, closing, cross-examination Does NOT include jury selection Traditional rules of evidence apply but parties can stipulate otherwise. ( 630.06(a).) Parties encouraged to: Limit number of witnesses Use innovative methods to present material to jury (summaries, video testimony of experts, etc.) Stipulate to facts and evidence where possible [CRC Rules 3.1550 52]
Jury Verdict A vote of six of the eight jurors is required Jury may deliberate as long as needed to reach a verdict no time limitation on deliberation. The verdict is binding, subject to any written high/low agreement [CCP 630.05 and.07]
Post-trial motions Parties may ONLY make motions: To correct a judgment for clerical error, To enforce a judgment, and For costs and attorney fees For a new trial only on grounds of: Judge misconduct materially affecting substantial rights; Jury misconduct; or corruption, fraud, or other undue means on part of court, jury, or adverse party. Motion for new trial must be made within 10 court days of entry of verdict re: specified grounds [CCP 630.08 09]
Appeal If motion for new trial denied, party may appeal. Party can only appeal on one of the three grounds permitted for motion for new trial. No other grounds for appeal permitted. ( 630.09.)
Sunset Provision EJT Act only in effect until 2016, unless extended AOC will be reviewing use of EJTs throughout state and provide report.