chapter 13 - jury trial

13.1 Request for Stipulation for Jury of Eight Persons

This rule shall constitute a continuing request that counsel appearing for jury trial in each civil case be prepared to stipulate that the jury may be composed of eight persons. (eff. 6/30/91)

13.2 Request for Jury Trial in Equity Cases

A party desiring a jury trial where the right thereto is not guaranteed by law will be deemed to have waived a jury trial unless that party has complied with rule 377, California Rules of Court. (eff. 6/30/91)

13.3 Attorney Testifying May Not Argue the Case

An attorney testifying on the merits of the case as a witness on behalf of that attorney's client shall not argue the case to the jury, unless by permission of court. (eff. 6/30/91)

13.4 Smoking in Jury Areas

Responding to the mandate of rule 847, California Rules of Court and the recommendations of section 17, Standards of Judicial Administration, the following principles are adopted as the policy of the court.

Smoking is prohibited in jury deliberation rooms. Recesses in deliberations will be permitted at reasonable intervals to permit smoking outside the jury deliberation room. No-smoking areas will be provided for waiting jurors. Conspicuous no-smoking signs will be placed in the jury deliberation rooms and in those waiting areas in which smoking is prohibited. The signs will state the location of smoking areas. (eff. 6/30/91)

13.5 Pre-Voir Dire Conference - Criminal Cases

The pre-voir dire conference in criminal cases required by rule 228.1, California Rules of Court, will be conducted in accordance with the following provisions.

The conference will be conducted in chambers, informally and without a clerk or reporter, unless a formal conference is requested by either side, in which case the conference will be conducted in the courtroom with the clerk and reporter present.

The conference for each case will be conducted by the trial judge assigned to the trial of the case and will occur just prior to the commencement of the trial.

Counsel for each party will file with the clerk of the court not later that the court day before the trial, a written statement disclosing the areas of inquiry and specific questions to be asked by the court and, as permitted by the court, by counsel, and specifying the reasons justifying such questions and areas of inquiry.

At the conference, the trial judge will advise counsel what areas of inquiry will be the subject of questions to be asked by the court and what specific questions will be asked by the court and will advise counsel what areas of inquiry and what specific question s will be premitted of counsel. In addition , after taking account of all matters disclosed during the conference, the court will impose time limits on any permitted questioning by counsel. The time limit imposed will be expressed in an aggregate number of minutes. All of the questioning of all prospective jurors by counsel for a party may not exceed that time limit, unless, after exceeding such limit, the court allows such party additional time for good cause shown.

At the conference, counsel for each party will deliver to the trial judge copies of any jury verdicts required for the disposition of the case and the written text of all instructions requested by such party - with any blanks in form instructions completed. (eff. 6/30/91)

13.6 Pre-Voir Dire Conference - Civil Cases

The pre-voir dire conference in civil cases recommended by Section 8, subdivision (b), Statndards of Judicial Administration will be conducted in accordance with the following provisions.

The conference will be conducted in chambers with a court reporter.

The conference for each case will be conducted by the trial judge assigned to the trial of the case and will occur just prior to the commencement of the trial. Counsel for each party will file with the clerk of the court, not later than the day before the trial, a written statement disclosing the areas of inquiry and specific questions proposed for the judge's inquiry of the jurors, the names of the witnesses whom counsel then plan to call at trial, and a brief outline of the nature of the case, including any alleged injuries or damages and, in eminent domain actions, the respective contentions of the parties concerning the value of the property taken and any alleged serverance damages and special benefits.

At the conference, counsel for each party will deliver to the trial judge copies of any jury verdicts or interrogatories required for the disposition of the case and the written text of all instructions requested by such party - with any blanks in form instructions completed. (eff. 6/30/91)