Appellate Insights

The Code of Civil Procedure’s expedited jury trial framework can be an attractive option for resolving a case quickly and economically.  But be aware that the expedited procedure requires giving up important post-trial and appellate rights:

• By agreeing to expedited process, the parties forfeit motions for a directed verdict, motions to set aside the judgment, and new trial motions based on inadequate or excessive damages.
• The only grounds on which a party can move for a new trial or pursue an appeal after voluntarily agreeing to an expedited jury trial are (a) judicial misconduct, (b) jury misconduct, or (c) corruption or fraud preventing a fair trial.
• Parties may still file post-trial motions for attorney’s fees and costs, as they would in a non-expedited case.

►  The practical message:  In deciding whether an expedited jury trial is right for your case, consider both the advantages and what you will be giving up once the verdict is in.