TRIAL

Expedited 2010, California Changes –Expedited Jury Trial Act –took effect January 1, 2011 –CCP Section 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. § (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!