Voluntary Expedited Jury Trials

Code of Civil Procedure Part 2, Title 8, Chapter 4.5 deals with voluntary expedited jury trials in California. Section 630.01 defines the following terms: “expedited jury trial,” “high/low agreement,” and “post-trial motions.”

Section 630.02 specifies that the rules and procedures applicable to expedited jury trials are as specified in this section.

Section 630.03 provides that all parties agreeing to participate in an expedited jury trial and, if represented, their counsel, must sign a proposed consent order granting an expedited jury trial. The agreement to participate in the expedited jury trial process is binding upon the parties, unless either of the specified actions occurs.

Any agreement to participate in an expedited jury trial under this chapter may be entered into only after a dispute has arisen and an action has been filed. The court approves the use of an expedited jury trial and any high/low agreements or other stipulations for an expedited jury trial involving either of two specified individuals.

The proposed consent order submitted to the court is required to include six specified items. The court issues the consent order as proposed by the parties, unless the court finds good cause why the action should not proceed through the expedited jury trial process, in which case the court denies the proposed consent order in its entirety.

Section 630.04 requires juries in expedited jury trial cases to be composed of eight jurors, unless the parties have agreed to fewer. No alternates can be selected. The court must allow each side three peremptory challenges.

Section 630.05 states that nothing in this chapter is intended to preclude a jury from deliberating as long as needed.

Section 630.06 specifies that the rules of evidence apply in expedited jury trials, unless the parties stipulate otherwise. Any stipulation by the parties to use relaxed rules of evidence may 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.

Section 630.07 provides that the verdict in an expedited jury trial case is binding, subject to any written high/low agreement or other stipulations concerning the amount of the award agreed upon by the parties. A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise.

Section 630.08 states that, by agreeing to participate in the expedited jury trial process, the parties agree to waive any motions for directed verdict, motions to set aside the verdict or any judgment rendered by the jury, or motions for a new trial on the basis of inadequate or excessive damages.

Section 630.09 provides that, by agreeing to participate in the expedited jury trial process, the parties agree to waive the right to bring post-trial motions or to appeal from the determination of the matter, except as provided in this section. The only grounds on which a party may move for a new trial or appeal are any of the three specified grounds.

Within 10 court days of the entry of a jury verdict, a party may file with the clerk and serve on each adverse party a notice of the intention to move for a new trial on any of the grounds specified, and notice is deemed to be a motion for a new trial.

Section 630.10 explains that all statutes and rules governing costs and attorney’s fees also  apply in expedited jury trials, unless the parties agree otherwise in the consent order.

Section 630.11 required the Judicial Council to update rules and forms for uniform procedures for five specified legal proceedings.