(January 22, 2010) The California Chamber of Commerce was selected to be part of a working group of attorneys, judges and other associations to provide commentary and feedback on a proposal that would allow expedited jury trials in California.

Two states, South Carolina and New York, currently offer such trials. The proposed rule contains many of the procedures being followed in these two states.

Key Features

Key features are as follows:

• In an expedited jury trial, the two sides voluntarily agree in advance to a high/low amount of damages. There is no record, the trial lasts a day or two and the agreement is binding.
• In addition, evidentiary issues are decided ahead of time, there are fewer jurors (likely eight jurors instead of 12), and each side has a limited amount of time to present its case.

In South Carolina and New York, both plaintiffs’ and defense lawyers have said expedited jury trials promote efficiency and cost savings.

A typical case for an expedited jury trial is a minor automobile accident in which there is no question that the defendant rear-ended the plaintiff, but the amount of damages is at issue. The plaintiff’s lawyer and the defendant’s lawyer (as well as the insurance company, if there is one) all agree to the expedited jury trial format to allow a jury to determine the amount of damages.

The high limit might be the insurance policy limit or a lower amount, and the low limit might be $0 or an amount to cover some fixed expenses the plaintiff has already incurred.

More Information

CalChamber members who would like more information about the current draft proposal for expedited jury trials, please contact Erika Frank.