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Expedited Jury Trial Information EJT-010-INFO - California
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EJT-010-INFO Expedited Jury Trial Information Sheet 3 This information sheet is for anyone involved in a civil lawsuit who is considering taking part in an expedited jury trial--a trial that is shorter and has a smaller jury than a traditional jury trial. Taking part in this type of trial means you give up your usual rights to appeal. Please read this information sheet before you agree to have your case tried under the expedited jury trial procedures. This information sheet does not cover everything you may need to know about expedited jury trials. It only gives you an overview of the process and how it may affect your rights. You should discuss all the points covered here and any questions you have about expedited jury trials with your attorney. If you do not have an attorney, you should consult with one before agreeing to an expedited jury trial. 1 Does the jury have to reach a unanimous decision? No. Just as in a traditional civil jury trial, only threequarters of the jury must agree in order to reach a decision in an expedited jury trial. With 8 people on the jury, that means that at least 6 of the jurors must agree on the verdict in an expedited jury trial. 4 Is the decision of the jury binding on the parties? Generally, yes, but not always. A verdict from a jury in an expedited jury trial is like a verdict in a traditional jury trial. The court will enter a judgment based on the verdict, the jury's decision that one or more defendants will pay money to the plaintiff or that the plaintiff gets no money at all. But parties who agree to take part in expedited jury trials are allowed to make an agreement before the trial that guarantees that the defendant will pay a certain amount to the plaintiff even if the jury decides on a lower payment or no payment. That agreement may also put a cap on the highest amount that a defendant has to pay, even if the jury decides on a higher amount. These agreements are known as "high/low agreements." You should discuss with your attorney whether you should enter into such an agreement in your case and how it will affect you. 5 What is an expedited jury trial? An expedited jury trial is a short trial, generally lasting only one day. It is intended to be quicker and less expensive than a traditional jury trial. As in a traditional jury trial, a jury will hear your case and will reach a decision about whether one side has to pay money to the other side. An expedited jury trial differs from a regular jury trial in several important ways: · The trial will be shorter. Each side has 3 hours to put on all its witnesses, show the jury its evidence, and argue its case. · The jury will be smaller. There will be 8 jurors instead of 12. · Choosing the jury will be faster. The parties will exercise fewer challenges. · All parties must waive their rights to appeal. In order to help keep down the costs of litigation, there are no appeals following an expedited jury trial except in very limited circumstances. These are explained more fully in 5 . 2 Why do I give up most of my rights to appeal? Will the case be in front of a judge? The trial will take place at a courthouse and a judge, or, if you agree, a temporary judge (a court commissioner or an experienced attorney whom the court appoints to act as a judge) will handle the trial. To keep costs down and provide a faster end to the case, all parties who agree to take part in an expedited jury trial must agree to waive the right to appeal the jury verdict or decisions by the judicial officer concerning the trial unless one of the following happens: · Misconduct of the judicial officer that materially affected substantial rights of a party; · Misconduct of the jury; or · Corruption or fraud or some other bad act that prevented a fair trial. In addition, parties may not ask the judge to set the jury verdict aside, except on those same grounds. Neither you nor the other side will be able to ask for a new trial on the grounds that the jury verdict was too high or too low, that legal mistakes were made before or during the trial, or that new evidence was found later. EJT-010-INFO, Page 1 of 2 ______________________________________________________________________________________________________________________________________ Judicial Council of California, www.couts.ca.gov New January 1, 2011, Mandatory Form Code of Civil Procedure, § 630.01630.10 Cal. Rules of Court, rules 3.15453.1552 Expedited Jury Trial Information Sheet American LegalNet, Inc. www.FormsWorkFlow.com EJT-010-INFO 6 Expedited Jury Trial Information Sheet 8 _____________________________________________________________________________________________________________________________________ How else is an expedited jury trial different? Can I change my mind after agreeing to an expedited jury trial? The goal of the expedited jury trial process is to have shorter and less expensive trials. The expedited jury trial rules set up some special procedures to help this happen. For example, the rules require that several weeks before the trial takes place, the parties show each other all exhibits and tell each other what witnesses will be at the trial. In addition, the judge will meet with the attorneys before the trial to work out some things in advance. The other big difference is that the parties can make agreements about how the case will be tried so that it can be tried quickly and effectively. These agreements may include what rules will apply to the case, how many witnesses can testify for each side, what kind of evidence may be used, and what facts the parties already agree to and so do not need to take to the jury. The parties can agree to modify many of the rules that apply to trials generally or even to expedited jury trials (except for the four rules described in 1 . 7 No, unless the other side or the court agrees. Once you and the other side have agreed to take part in an expedited jury trial, that agreement is binding on both sides. After you enter into the agreement, it can be changed only if both sides want to change it or stop the process or if a court decides there are good reasons the expedited jury trial should not be used in the case. This is why it is important to talk to your attorney before agreeing to an expedited jury trial. Who can have an expedited jury trial? The process can be used in any civil case that the parties agree may be tried in a single day. To have an expedited jury trial, both sides must want one. Each side mus
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