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File #: 16-041    Version: 1
Type: Rules Proposal Status: Passed
File created: 3/3/2016 In control: Judicial Council
On agenda: 4/15/2016 Final action: 4/15/2016
Title: Civil Practice and Procedure: Expedited Jury Trials (Action Required)
Attachments: 1. 20160415-16-041

Title

Title

Civil Practice and Procedure: Expedited Jury Trials (Action Required)

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Summary

Summary

The Civil and Small Claims Advisory Committee recommended that the Judicial Council amend and revise the California Rules of Court and forms applicable to current voluntary expedited jury trials to reflect statutory amendments to the time frame for those cases, and adopt new rules and forms for the new mandatory expedited jury trials in limited civil cases. These changes are to implement Assembly Bill 555 (Alejo; Stats. 2015, ch. 330), which lifts the sunset provisions in the Expedited Jury Trial Act, which went into effect on January 1, 2011, to establish an expedited jury trial process-a consensual process designed to promote the speedy and economic resolution of cases and to conserve judicial resources. The bill also amends the time frame applicable to such trials from three hours per side to five hours per side, and significantly expands the statute to require expedited jury trials in most limited civil actions other than unlawful detainers. The statute mandates that the new and amended rules and forms be operative by July 1, 2016.

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Recommendation

Recommendation

The Civil and Small Claims Advisory Committee recommended that the Judicial Council take the following actions, effective July 1, 2016, to implement the new and amended statutory provisions regarding expedited jury trials:

1.                     Adopt new rule 3.1546, amend rules 3.1545, and 3.1547-3.1552, and renumber rule 3.1553;

2.                     Adopt new Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT- 003) and Objection to Request to Opt Out of Mandatory Expedited Jury Trial (form EJT- 004);

3.                     Approve new Order on Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-005), and Agreement of Parties (Mandatory Expedited Jury Trial Procedures) (form EJT-018);

4.                     Revise and renumber Expedited Jury Trial Information Sheet (form EJT-001-INFO) and Attachment (form EJT-022A); and

5.                     Revise [Proposed] Consent Order for Voluntary Expedited Jury Trial (form EJT-020).

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Speakers

Speakers

Hon. Raymond M. Cadei, Chair, Civil and Small Claims Advisory Committee

     (by phone)

Hon. Mary Thornton House, Superior Court of Los Angeles County

Ms. Anne Ronan, Legal Services