1 2 3 4 5 6 7 8 9 10 , 11 Plaintiff(s), 12 v. 13 , 14 Defendant(s). 15 16 17 18 19 20 21 22 23 24 25 -126 American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER Case No.: STIPULATION AND [PROPOSED] CONSENT ORDER FOR EXPEDITED JURY TRIAL (Code Civ. Proc., §§ 630.01 et seq; Cal. Rules of Court, rules 3.15453.1552) (To be used with Judicial Council Form EJT-010-INFO) The parties to this proceeding and their legal representatives, if any, make the following representations and agree and stipulate to the following rules and procedures governing expedited jury trials as set forth in California Code of Civil Procedure sections 630.01 et seq. and in California Rules of Court, rules 3.1545-3.1552: 1. The parties and their legal representatives have read, understand and agree to the requirements, restrictions and procedures set forth in California Code of Civil Procedure sections 630.01 et seq. and in California Rules of Court, rules 3.1545-3.1552. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. The parties and their representatives have received copies of Judicial Council Form EJT010-INFO and understand the information provided by the form. 3. Each insurance company (if any) responsible for providing coverage or defense on behalf of a party to this proposed consent agreement, individually identified in this proposed consent order, has been informed of the rules and procedures for an expedited jury trial, has been provided with a Judicial Council Information Sheet (EJT-010-INFO) concerning expedited jury trials, has agreed to take part in or not object to the expedited jury trial process, and has agreed to all of the specific provisions set forth in this proposed consent order. 4. This stipulation and proposed consent order is entered into after a dispute has arisen and after an action has been filed. 5. The parties and their representatives stipulate and agree to all of the following: General Rules a. Expedited jury trials do not receive special priority for trial assignment purposes. b. All trial and pretrial matters will proceed under subparagraphs (A) through (D), inclusive, of Code of Civil Procedure section 631.03(e)(2), and, unless the parties expressly agree otherwise in this proposed consent order, under all other provisions of Chapter 4.5 of Title 8 of Part 2 of the Code of Civil Procedure (Code Civ. Proc., §§ 630.01 et seq.) and in the implementing rules of court (Cal. Rules of Court, rules 3.1545-3.1552). c. Except as provided in subdivision (d) of Code of Civil Procedure section 630.03, this agreement to participate in the expedited jury trial process is, when approved and signed by the court, binding upon the parties, unless (1) all parties subsequently stipulate to end the agreement to participate, or (2) the court, on its -226 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 own motion or at the request of a party on noticed motion, finds that good cause exists for the action not to proceed under the rules of Chapter 4.5 of Title 8 of Part 2 of the Code of Civil Procedure. d. The Presiding Judge will assign a judicial officer to conduct the expedited jury trial. The Presiding Judge may assign a temporary judge appointed by the court under rules 2.810-2.819 to conduct an expedited jury trial. A temporary judge requested by the parties under rules 2.830-2.835, whether or not privately compensated, will not be appointed to conduct an expedited jury trial. e. Unless the court otherwise allows, to be eligible to participate in an expedited jury trial, the parties must submit to the court, no more than 30 days before any assigned trial date, this proposed consent order granting an expedited jury trial. f. This proposed consent order may include other agreements of the parties, including those specified in California Rules of Court, rule 3.1547, subdivision (b). g. To the extent permitted by Chapter 4.5 of Title 8 of Part 2 of the Code of Civil Procedure (Code of Civ. Proc., §§ 630.01 et seq.) and by the rules of court which implement Chapter 4.5 (Cal. Rules of Court, rules 3.1545-3.1552), the parties may propose to modify the laws and rules governing the proposed expedited jury trial in the particular ways set forth below in writing or in an attachment to this proposed consent order which is separately signed by the parties and their legal representatives. h. The court shall issue the consent order as proposed by the parties, unless the court finds good cause why the action should not proceed through the expedited jury -326 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trial process, in which case the court shall deny the proposed consent order in its entirety. Pretrial Rules a. The settlement conference judge will serve as the pretrial conference judge and the settlement conference and the pretrial conference will be held simultaneously. b. All rulings on admissibility will be deferred until the day of trial. Trial Rules a. The rules of evidence apply in expedited jury trials, unless the parties stipulate otherwise. b. The right to issue subpoenas and notices to appear to secure the attendance of witnesses or the production of documents at trial shall be in accordance with the California Code of Civil Procedure. c. Any stipulation to use relaxed rules of evidence may not be construed to eliminate, or in any way effect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality. d. Each side shall have up to three hours in which to present its case. e. The jury shall be composed of eight or fewer jurors with no alternates. f. Approximately one hour will be devoted to voir dire, with 15 minutes allotted to the judicial officer and 15 minutes to each side. The parties will be encouraged to submit a joint form questionnaire to be used with prospective jurors to help expedite the voir dire process. (Cal. Rules of Court, rule 3.1549.) -426 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 // g. Each side shall be limited to three peremptory challenges, unless the court permits an additional challenge in cases with more than two sides as provided in Code of Civil Procedure section 630.04. h. The jury may deliberate as long as needed. i. A vote of six of the eight jurors is re