Are you familiar with the procedure for one day civil jury trials? The purpose of the new law, passed in January with the support of the plaintiff ’s and defense bars, is to provide parties with an option of a faster and simpler jury trial. (Code of Civil Procedure § 630.01. et seq.) When feasible, the trial is to be concluded within one day; however, juries are allowed to deliberate as long as needed.
So far, the process has not been used in the Ventura Superior Court, but other counties have used expedited trials for minor personal injury automobile accident cases. Our Civil Law Judges support the process to allow for quicker and more efficient resolutions of simple civil matters.
To get started, all parties must agree and enter into a proposed consent order. The court shall approve the consent order, unless there is a finding of good cause that the case should not have an expedited trial. If any of the parties are self-represented, a minor, incompetent person, or has a conservator, the court must determine if it is appropriate to approve an expedited trial.
As part of the consent order the parties must agree to the following:
1. Waiver of rights to appeal, directed verdict or post-trial motions, (subject to specific exceptions, CCP § 630.09);
Find complete article in the July 2011 issue of CITATIONS page 5