Civ Pro - Ca - Jury Trials*

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CA -- Jury Trials

Back 1

Diff from Fed Right to Jury Trials: State Constitution provides right to jury trials for actions at law, not actions in equity

Mixed Suits heard seprately:
1) Equity trial first
2) Jury trial second

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CA -- Equity Clean Up Doctrine

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Equity and jury trials merged into one suit if main remedy is equitable

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CA -- Jury Trial
Demand

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Must be:
1) at time the trial date set OR
2) within five days after notice of setting of trial

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CA -- Jury Trials
Number of Jurors

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Diff from Fed:
12 needed, can have (not necessary) alternate jurors

Front 5

CA -- Jury Trials
Voir Dire

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Different from Fed: Challenges for cause -- unlimited

Peremptory Challenges -- up 6 AND not based on race, sex, color, religion, national origin, sexual orientation

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CA -- Jury Trials
Number Needed for a Verdict

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3/4 of jury panel

Front 7

CA -- Adjudication

Motion for Directed Verdict

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Fed = JMOL

effect is basically taking case form jury

Raised after closure of case in chief
STANDARD --> r/s people could not disagree on the result (similar favor for non-moving party as MSJ)

AFTER P's opening arg or AFTER P's case in chief --> Motion for Non-Suit

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CA -- Adjudication

Motion for Judgment Notwithstanding the Verdict (JNOV)

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Fed = Renewed JMOL

Same as Directed Verdict, but comes after trial

Arises when: judge did not grant Directed Verdit, jury awards verdict for one party, losing party raises

STANDARD --> r/s people could not disagree on the result

***NO NEED TO MOVE FOR DIRECT VERDICTED DURING TRIAL (diff from Fed), otherwise cannot bring***

Timing:
--file w/in 15 days of mailing or service of notice of entry of judgment OR
--180 days after entry of judgment

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CA -- Adjudication

Motion for New Trial

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Same as JNOV

Bases:
-error = miscarriage of justice
-can arise w/ excessive or insufficient damages ("shocks the conscience")

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CA -- Adjudication

Damages Adjustment

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Plaintiff allowed to CHOOSE to take Court's adjustment OR stand new trial

Remmititur --> reduction of jury award

Additur --> increase of jury award
---NOT ALLOWED IN FED COURT (unconst until 7th Amendment)

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CA -- Adjudication

Motion to Set Aside Judgment

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For "mistake, inadvertence, surprise, or excusable neglect"

Must include affidavit of fault by party pushing for mistake

Must be filed w/in a r/s time no more than 6 months after entry of judgment

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CA Fast Tracking

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If eligible,


Fast Track Eligibility
Unlimited –
75% within 12 months
85% within 18 months
100% within 24 months

Limited
75% within 12 months
85% within 18 months
100% within 24 months

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ADR

Threshold in CA --> can't go though ADR IF:

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1) Unlimited over $50,000
2) Consumer class action
3) Probate

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CA
ADR

Judicial v. Contractual

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Judicial

1) Arbitrator holds hearings
2) Rules of evidence do not apply
3) Judgment final unless party demands trial, if that party loses at trial -- can be responsible for other side's costs
4) Parties have discovery rights

Contractual
(same as above) except for these differences:

subject to unconscionability or illegality
judgment FINAL, can be vacated by court on good case
parties have no rights to discovery unless they agree