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TRIAL

TRIAL. Expedited. 2010, California Changes Expedited Jury Trial Act took effect January 1, 2011 CCP Section 630.1 et. seq. Trial completed in 1 day 8 or fewer jurors No alternates Limit to 3 peremptory challenges Each side limited 3 hours

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TRIAL

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  1. TRIAL

  2. Expedited • 2010, California Changes • Expedited Jury Trial Act • took effect January 1, 2011 • CCP Section 630.1 et. seq. • Trial completed in 1 day • 8 or fewer jurors • No alternates • Limit to 3 peremptory challenges • Each side limited 3 hours • Verdict requires at least 6 jurors (parties can stipulate to fewer)

  3. High-Low • High-Low Agreement • Before EJTA trial stipulation to guarantee some plaintiff recovery and to limit defendant exposure, no matter the verdict. High is typically insurance policy limits. • Agreement not shared with jury. • Judgment for expedited trial may not be appealed.

  4. Limited Appeals • The only grounds on which an appeal or post-trial motion may be filed are judicial or jury misconduct and "corruption, fraud or other undue means employed in the proceedings of the court, jury or adverse party that prevented a party from having a fair trial."  Code Civ. Proc. § 630.09 (a).

  5. Expedited jury trials afford civil litigants a middle ground for resolving litigation between a full-blown trial and customary alternative dispute resolution procedures. 

  6. Phases of Trial • Final Pretrial Conference with judge • Jury Selection and Basic Questionnaire • Voir Dire • Jury Charge • Opening Statements • Presentation of Evidence** • Closing Arguments • Jury Charge • Jury Deliberations • Jury Verdict • Post-trial Motions • Entry of Judgment

  7. Presentation of Evidence • Plaintiff’s Case-in-Chief, then Defendant’s • Direct Examination • Cross-examination • Redirect Examination • Recross Examination • Plaintiff must establish elements of Cause of Action / Defendant must establish defenses

  8. Preponderance • Each element must be proven by a preponderance (51%) • What happens if any element is not proven? • How much is 51%? How is that measured?

  9. Rebuttals Plaintiff’s Rebuttal (scope limited) Defendant’s Sur Rebuttal (scope limited)

  10. SideBars • Simply a conference with the judge, but when held during trial and in the courtroom, they are called sidebars. • Juries may resent these… why?

  11. Example • We will watch a condensed, actual jury trial from beginning to end. Let’s roll tape!

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