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 – Verdict requires at least 6 jurors (parties can stipulate

to fewer)

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.

• 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).

Limited Appeals

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

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

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

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?

Rebuttals

Plaintiff’s Rebuttal

(scope limited)

Defendant’s Sur Rebuttal

(scope limited)

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?

Example

• We will watch a condensed, actual jury trial from beginning to end.

Let’s roll tape!