Noreen Evans
- Democratic
Author
Existing law establishes the right to a trial by jury, and provides that a jury may be waived in a civil case only pursuant to specified manners. Under existing law, a jury trial consists of 12 persons, except that in civil actions and cases of misdemeanor, it may consist of 12 or any number less than 12, upon which the parties may agree. Existing law provides for the review of a judgment or order in a civil action or proceeding by appeal, and requires the Judicial Council to prescribe rules for the practice and procedure on appeal consistent with state law. Existing law requires the Judicial Council to provide by rule the practice and procedure for coordination of civil actions in convenient courts, including provision for giving notice and presenting evidence. Existing law authorizes the Judicial Council to promulgate rules governing pretrial conferences, and the time, manner, and nature thereof, in civil cases at issue, or in one or more classes thereof, in the superior courts. This bill would establish the Expedited Jury Trials Act that would be operative until January 1, 2016. The bill would establish procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply, including provisions for a jury of 8 or fewer members, with no alternates, a limit of 3 peremptory challenges for each side, and a limit of 3 hours for each side to present its case. This bill would also provide that all parties waive all rights to appeal and to move for a directed verdict or to make any post-trial motions, except as provided. The bill would provide that the verdict in an expedited jury trial is binding, subject to any written high/low agreement, as defined. The bill would require the Judicial Council, on or before January 1, 2011, to adopt additional rules and uniform procedures, as provided.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 674, Statutes of 2010.
Enrolled and to the Governor at 11:45 p.m.
Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 6525.)
Assembly Rule 77 suspended. (Page 6463.)
Read third time, passed, and to Assembly. (Ayes 31. Noes 0. Page 4710.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.
Read second time. To third reading.
Read third time, amended. To second reading.
From Special Consent Calendar pursuant to Joint Rule 22.2.
Ordered to third reading.
Ordered to Special Consent Calendar.
Read second time. To third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 29).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 4820.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. To Consent Calendar.
From committee: Do pass. To Consent Calendar. (April 14).
From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (March 23).
From printer. May be heard in committee March 23.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2284 | HTML |
| 02/18/10 - Introduced | |
| 06/21/10 - Amended Senate | |
| 07/15/10 - Amended Senate | |
| 08/18/10 - Amended Senate | |
| 08/30/10 - Enrolled | |
| 09/30/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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