reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.5 - Voluntary Expedited Jury Trials › Section 630.03.

630.03. (a) All parties agreeing to participate in an expedited jury trial and, if represented, their counsel, shall sign a proposed consent order granting an expedited jury trial.
(b) Except as provided in subdivision (d), the agreement to participate in the expedited jury trial process is binding upon the parties, unless either of the following occurs:
(1) All parties stipulate to end the agreement to participate.
(2) The court, on its own motion or at the request of a party by noticed motion, finds that good cause exists for the action not to proceed under the rules of this chapter.
(c) Any agreement to participate in an expedited jury trial under this chapter may be entered into only after a dispute has arisen and an action has been filed.
(d) The court shall approve the use of an expedited jury trial and any high/low agreements or other stipulations for an expedited jury trial involving either of the following:
(1) A self-represented litigant.
(2) A minor, an incompetent person, or a person for whom a conservator has been appointed.
(e) The proposed consent order submitted to the court shall include all of the following:
(1) A preliminary statement that each named party and any insurance carrier responsible for providing coverage or defense on behalf of that party, individually identified in the proposed consent order, have been informed of the rules and procedures for an expedited jury trial and provided with a Judicial Council information sheet regarding expedited jury trials, have agreed to take part in or, in the case of a responsible insurance carrier, not object to, the expedited jury trial process, and have agreed to all the specific provisions set forth in the consent order.
(2) The parties’ agreement to all of the following:
(A) That all parties waive all rights to appeal and to move for directed verdict or make any post-trial motions, except as provided in Sections 630.08 and 630.09.
(B) That each side shall have up to five hours in which to complete voir dire and to present its case.
(C) That the jury shall be composed of eight or fewer jurors with no alternates.
(D) That 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 Section 630.04.
(E) That the trial and pretrial matters will proceed under subparagraphs (A) to (D), inclusive, and, unless the parties expressly agree otherwise in the proposed consent order, under all other provisions in this chapter and in the implementing rules of court.
(f) 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 trial process, in which case the court shall deny the proposed consent order in its entirety.
(Amended by Stats. 2015, Ch. 330, Sec. 2. (AB 555) Effective January 1, 2016.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.5 - Voluntary Expedited Jury Trials › Section 630.04.

630.04. (a) Juries in expedited jury trial cases shall be composed of eight jurors, unless the parties have agreed to fewer. No alternates shall be selected.
(b) The court shall allow each side three peremptory challenges. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require.
(Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.5 - Voluntary Expedited Jury Trials › Section 630.05.

630.05. Nothing in this chapter is intended to preclude a jury from deliberating as long as needed.
(Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.5 - Voluntary Expedited Jury Trials › Section 630.06.

630.06. (a) The rules of evidence apply in expedited jury trials, unless the parties stipulate otherwise.
(b) Any stipulation by the parties to use relaxed rules of evidence may not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality.
(c) 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 this code.
(Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.5 - Voluntary Expedited Jury Trials › Section 630.07.

630.07. (a) The verdict in an expedited jury trial case is binding, subject to any written high/low agreement or other stipulations concerning the amount of the award agreed upon by the parties.
(b) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise.
(Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.5 - Voluntary Expedited Jury Trials › Section 630.08.

630.08. (a) By agreeing to participate in the expedited jury trial process, the parties agree to waive any motions for directed verdict, motions to set aside the verdict or any judgment rendered by the jury, or motions for a new trial on the basis of inadequate or excessive damages.
(b) The court shall not set aside any verdict or any judgment, shall not direct that judgment be entered in favor of a party entitled to judgment as a matter of law, and shall not order a new trial, except on the grounds stated in Section 630.09.
(Amended by Stats. 2011, Ch. 296, Sec. 38. (AB 1023) Effective January 1, 2012.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.5 - Voluntary Expedited Jury Trials › Section 630.09.

630.09. (a) By agreeing to participate in the expedited jury trial process, the parties agree to waive the right to bring post-trial motions or to appeal from the determination of the matter, except as provided in this section. The only grounds on which a party may move for a new trial or appeal are any of the following:
(1) Judicial misconduct that materially affected the substantial rights of a party.
(2) Misconduct of the jury.
(3) Corruption, fraud, or other undue means employed in the proceedings of the court, jury, or adverse party that prevented a party from having a fair trial.
(b) Within 10 court days of the entry of a jury verdict, a party may file with the clerk and serve on each adverse party a notice of the intention to move for a new trial on any of the grounds specified in subdivision (a). The notice shall be deemed to be a motion for a new trial.
(c) Except as provided in subdivision (b), parties to an expedited jury trial shall not make any post-trial motions except for motions relating to costs and attorney’s fees, motions to correct a judgment for clerical error, and motions to enforce a judgment.
(d) Before filing an appeal, a party shall make a motion for a new trial under subdivision (b). If the motion for a new trial is denied, the party may appeal the judgment to the appropriate court with appellate jurisdiction and seek a new trial on any of the grounds specified in subdivision (a). Parties to an expedited jury trial may not appeal on any other ground.
(Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.5 - Voluntary Expedited Jury Trials › Section 630.10.

630.10. All statutes and rules governing costs and attorney’s fees shall apply in expedited jury trials, unless the parties agree otherwise in the consent order.
(Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.5 - Voluntary Expedited Jury Trials › Section 630.11.

630.11. The Judicial Council shall, on or before July 1, 2016, update rules and forms to establish uniform procedures implementing the provisions of this chapter, including, but not limited to, rules for all of the following:
(a) Additional content of proposed consent orders.
(b) Pretrial exchanges and submissions.
(c) Pretrial conferences.
(d) Presentation of evidence and testimony.
(e) Any other procedures necessary to implement the provisions of this chapter.
(Amended by Stats. 2015, Ch. 330, Sec. 3. (AB 555) Effective January 1, 2016.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases › Section 630.20.

630.20. (a) Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter.
(b) Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met:
(1) Punitive damages are sought.
(2) Damages in excess of insurance policy limits are sought.
(3) A party’s insurer is providing a legal defense subject to a reservation of rights.
(4) The case involves a claim reportable to a governmental entity.
(5) The case involves a claim of moral turpitude that may affect an individual’s professional licensing.
(6) The case involves claims of intentional conduct.
(7) The case has been reclassified as unlimited pursuant to Section 403.020.
(8) The complaint contains a demand for attorney’s fees, unless those fees are sought pursuant to Section 1717 of the Civil Code.
(9) The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time.
(c) This chapter does not apply to a proceeding in forcible entry or forcible or unlawful detainer.
(d) A judgment in a limited civil case conducted as a mandatory expedited jury trial may be appealed to the appellate division of the superior court in which the case was tried.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases › Section 630.21.

630.21. For purposes of this chapter:
(a) “Mandatory expedited jury trial” means a jury trial before a reduced jury panel and a judge, conducted pursuant to this chapter.
(b) “High/low agreement” means a written agreement entered into by the parties that specifies a minimum amount of damages that a plaintiff is guaranteed to receive from the defendant, and a maximum amount of damages that the defendant will be liable for, regardless of the ultimate verdict returned by the jury. Neither the existence of, nor the amounts contained in, any high/low agreements may be disclosed to the jury.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases › Section 630.22.

630.22. (a) The procedures in this chapter and in the implementing rules of court shall apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties agree otherwise, as permitted under subdivision (d) of Section 630.23, and the court so orders.
(b) Any matters not expressly addressed in this chapter, in the implementing rules of court, or in an agreement authorized by this chapter and the implementing rules, are governed by applicable statutes and rules governing civil actions.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases › Section 630.23.

630.23. The following rules and procedures apply to mandatory expedited jury trials conducted pursuant to this chapter:
(a) Each side shall have up to five hours in which to complete voir dire and to present its case.
(b) The jury shall be composed of eight jurors and one alternate, unless the parties have agreed to fewer jurors.
(c) Each side shall be limited to four peremptory challenges, unless the court permits an additional challenge in cases with more than two sides. If there are more than two parties in a case and more than two sides, as determined by the court under subdivision (c) of Section 231, the parties may request one additional peremptory challenge each, which is to be granted by the court as the interests of justice may require.
(d) The parties may agree to modify the rules and procedures specified in this chapter and the implementing rules of court, subject to the court’s approval.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases › Section 630.24.

630.24. Nothing in this chapter is intended to preclude a jury from deliberating as long as needed.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases › Section 630.25.

630.25. (a) The rules of evidence apply to mandatory expedited jury trials conducted in limited civil cases, unless the parties stipulate otherwise.
(b) Any stipulation by the parties to use relaxed rules of evidence shall not be construed to eliminate, or in any way affect, the right of a witness or party to invoke any applicable privilege or other law protecting confidentiality.
(c) 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 this code.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases › Section 630.26.

630.26. (a) A vote of six of the eight jurors is required for a verdict, unless the parties stipulate otherwise.
(b) The verdict in a limited civil case following a mandatory expedited jury trial case shall be appealable under subdivision (d) of Section 630.20 and subject to any written high/low agreement or other stipulations concerning the amount of the award agreed upon by the parties.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases › Section 630.27.

630.27. All statutes and rules governing costs and attorney’s fees shall apply in limited civil cases that are conducted as mandatory expedited jury trials, unless the parties stipulate otherwise.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 630.29.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases › Section 630.28.

630.28. The Judicial Council shall, on or before July 1, 2016, adopt rules and forms to establish uniform procedures implementing the provisions of this chapter, including, rules for the following:
(a) Pretrial exchanges and submissions.
(b) Pretrial conferences.
(c) Opt-out procedures pursuant to subdivision (b) of Section 630.20.
(d) Presentation of evidence and testimony.
(e) Any other procedures necessary to implement the provisions of this chapter.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 4.6 - Mandatory Expedited Jury Trials in Limited Civil Cases › Section 630.29.

630.29. Sections 630.20 to 630.27, inclusive, shall become operative on July 1, 2016.
(Added by Stats. 2015, Ch. 330, Sec. 5. (AB 555) Effective January 1, 2016.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 5 - Trial by the Court › Section 631.2.

631.2. (a) Notwithstanding any other provision of law, the superior court may pay jury fees in civil cases from general funds of the court available therefor. Nothing in this section shall be construed to change the requirements for the deposit of jury fees in any civil case by the appropriate party to the litigation at the time and in the manner otherwise provided by law. Nothing in this section shall preclude the right of the superior court to be reimbursed by the party to the litigation liable therefor for any payment of jury fees pursuant to this section. Nothing in this section shall preclude the right of the county to be reimbursed by the party to the litigation liable therefor for any payment of jury fees pursuant to this section as it read in Section 4 of Chapter 10 of the Statutes of 1988, or pursuant to former Section 631.1 as it read in Section 1 of Chapter 144 of the Statutes of 1971.
(b) The party who has demanded trial by jury shall reimburse the superior court for the fees and mileage of all jurors appearing for voir dire examination, except those jurors who are excused and subsequently on the same day are called for voir dire examination in another case.
(Amended by Stats. 2012, Ch. 470, Sec. 6. (AB 1529) Effective January 1, 2013.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 5 - Trial by the Court › Section 631.3.

631.3. (a) Notwithstanding any other law, when a party to the litigation has deposited jury fees with the judge or clerk and that party waives a jury or obtains a continuance of the trial, or the case is settled, none of the deposit shall be refunded if the court finds there has been insufficient time to notify the jurors that the trial would not proceed at the time set. If the jury fees so deposited are not refunded for any of these reasons, or if a refund of jury fees deposited with the judge or clerk has not been requested, in writing, by the depositing party within 20 business days from the date on which the jury is waived or the action is settled, dismissed, or a continuance thereof granted, the fees shall be transmitted to the Controller for deposit into the Trial Court Trust Fund.
(b) All jury fees and mileage fees that may accrue by reason of a juror serving on more than one case in the same day shall be transmitted to the Controller for deposit into the Trial Court Trust Fund. All jury fees that were deposited with the court in advance of trial pursuant to Section 631 prior to January 1, 1999, and that remain on deposit in cases that were settled, dismissed, or otherwise disposed of, and three years have passed since the date the case was settled, dismissed, or otherwise disposed of, shall be transmitted to the Controller for deposit into the Trial Court Trust Fund.
(c) The fee described in subdivision (b) of Section 631 shall be nonrefundable and is not subject to this section.
(Amended by Stats. 2012, Ch. 342, Sec. 2. (AB 1481) Effective September 17, 2012.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 5 - Trial by the Court › Section 631.5.

631.5. In all cases of eminent domain the deposits of jury fees and mileage provided for in section 631 of this code shall be made by the party seeking condemnation regardless of which party shall have demanded a jury trial, and the trial shall not proceed until such deposits are made.
(Added by Stats. 1939, Ch. 806.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 5 - Trial by the Court › Section 631.7.

631.7. Ordinarily, unless the court otherwise directs, the trial of a civil action tried by the court without a jury shall proceed in the order specified in Section 607.
(Added by Stats. 1965, Ch. 299.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 5 - Trial by the Court › Section 631.8.

631.8. (a) After a party has completed his presentation of evidence in a trial by the court, the other party, without waiving his right to offer evidence in support of his defense or in rebuttal in the event the motion is not granted, may move for a judgment. The court as trier of the facts shall weigh the evidence and may render a judgment in favor of the moving party, in which case the court shall make a statement of decision as provided in Sections 632 and 634, or may decline to render any judgment until the close of all the evidence. The court may consider all evidence received, provided, however, that the party against whom the motion for judgment has been made shall have had an opportunity to present additional evidence to rebut evidence received during the presentation of evidence deemed by the presenting party to have been adverse to him, and to rehabilitate the testimony of a witness whose credibility has been attacked by the moving party. Such motion may also be made and granted as to any cross-complaint.
(b) If it appears that the evidence presented supports the granting of the motion as to some but not all the issues involved in the action, the court shall grant the motion as to those issues and the action shall proceed as to the issues remaining. Despite the granting of such a motion, no final judgment shall be entered prior to the termination of the action, but the final judgment in such action shall, in addition to any matters determined in the trial, award judgment as determined by the motion herein provided for.
(c) If the motion is granted, unless the court in its order for judgment otherwise specifies, such judgment operates as an adjudication upon the merits.
(Amended by Stats. 1986, Ch. 540, Sec. 13.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 5 - Trial by the Court › Section 632.

632. In superior courts, upon the trial of a question of fact by the court, written findings of fact and conclusions of law shall not be required. The court shall issue a statement of decision explaining the factual and legal basis for its decision as to each of the principal controverted issues at trial upon the request of any party appearing at the trial. The request must be made within 10 days after the court announces a tentative decision unless the trial is concluded within one calendar day or in less than eight hours over more than one day in which event the request must be made prior to the submission of the matter for decision. The request for a statement of decision shall specify those controverted issues as to which the party is requesting a statement of decision. After a party has requested the statement, any party may make proposals as to the content of the statement of decision.
The statement of decision shall be in writing, unless the parties appearing at trial agree otherwise; however, when the trial is concluded within one calendar day or in less than 8 hours over more than one day, the statement of decision may be made orally on the record in the presence of the parties.
(Amended by Stats. 2002, Ch. 784, Sec. 64. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 5 - Trial by the Court › Section 634.

634. When a statement of decision does not resolve a controverted issue, or if the statement is ambiguous and the record shows that the omission or ambiguity was brought to the attention of the trial court either prior to entry of judgment or in conjunction with a motion under Section 657 or 663, it shall not be inferred on appeal or upon a motion under Section 657 or 663 that the trial court decided in favor of the prevailing party as to those facts or on that issue.
(Amended by Stats. 1981, Ch. 900, Sec. 2.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 5 - Trial by the Court › Section 635.

635. In all cases where the decision of the court has been entered in its minutes, and when the judge who heard or tried the case is unavailable, the formal judgment or order conforming to the minutes may be signed by the presiding judge of the court or by a judge designated by the presiding judge.
(Amended by Stats. 1992, Ch. 876, Sec. 5. Effective January 1, 1993.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 5 - Trial by the Court › Section 636.

636. On a judgment for the plaintiff upon an issue of law, he may proceed in the manner prescribed by the first two subdivisions of Section 585, upon the failure of the defendant to answer. If judgment be for the defendant upon an issue of law, and the taking of an account, or the proof of any fact, be necessary to enable the Court to complete the judgment, a reference may be ordered, as in that section provided.
(Enacted 1872.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 638.

638. A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the court finds a reference agreement exists between the parties:
(a) To hear and determine any or all of the issues in an action or proceeding, whether of fact or of law, and to report a statement of decision.
(b) To ascertain a fact necessary to enable the court to determine an action or proceeding.
(c) In any matter in which a referee is appointed pursuant to this section, a copy of the order shall be forwarded to the office of the presiding judge. The Judicial Council shall, by rule, collect information on the use of these referees. The Judicial Council shall also collect information on fees paid by the parties for the use of referees to the extent that information regarding those fees is reported to the court. The Judicial Council shall report thereon to the Legislature by July 1, 2003. This subdivision shall become inoperative on January 1, 2004.
(Amended by Stats. 2002, Ch. 1008, Sec. 4. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 640.

640. (a) The court shall appoint as referee or referees the person or persons, not exceeding three, agreed upon by the parties.
(b) If the parties do not agree on the selection of the referee or referees, each party shall submit to the court up to three nominees for appointment as referee and the court shall appoint one or more referees, not exceeding three, from among the nominees against whom there is no legal objection. If no nominations are received from any of the parties, the court shall appoint one or more referees, not exceeding three, against whom there is no legal objection, or the court may appoint a court commissioner of the county where the cause is pending as a referee.
(c) Participation in the referee selection procedure pursuant to this section does not constitute a waiver of grounds for objection to the appointment of a referee under Section 641 or 641.2.
(Amended by Stats. 2000, Ch. 644, Sec. 3. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 640.5.

640.5. It is the intent of the Legislature that the practice and cost of referring discovery disputes to outside referees be thoroughly reviewed. Therefore, in addition to the requirements of subdivision (e) of Section 639, the Judicial Council shall collect information from the trial courts on the use of referees in discovery matters pursuant to either Sections 638 and 639. The collected data shall include information on the number of referees, the cost to the parties, and the time spent by the discovery referee. The Judicial Council shall report thereon to the Legislature by July 1, 2003.
(Added by Stats. 2001, Ch. 362, Sec. 2. Effective January 1, 2002.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 641.

641. A party may object to the appointment of any person as referee, on one or more of the following grounds:
(a) A want of any of the qualifications prescribed by statute to render a person competent as a juror, except a requirement of residence within a particular county in the state.
(b) Consanguinity or affinity, within the third degree, to either party, or to an officer of a corporation which is a party, or to any judge of the court in which the appointment shall be made.
(c) Standing in the relation of guardian and ward, conservator and conservatee, master and servant, employer and clerk, or principal and agent, to either party; or being a member of the family of either party; or a partner in business with either party; or security on any bond or obligation for either party.
(d) Having served as a juror or been a witness on any trial between the same parties.
(e) Interest on the part of the person in the event of the action, or in the main question involved in the action.
(f) Having formed or expressed an unqualified opinion or belief as to the merits of the action.
(g) The existence of a state of mind in the potential referee evincing enmity against or bias toward either party.
(Amended by Stats. 2000, Ch. 644, Sec. 4. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 641.2.

641.2. In any action brought under Article 8 (commencing with Section 12600) of Chapter 6, Part 2, Division 3, Title 3 of the Government Code, a party may object to the appointment of any person as referee on the ground that the person is not technically qualified with respect to the particular subject matter of the proceeding.
(Amended by Stats. 2000, Ch. 644, Sec. 5. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 642.

642. Objections, if any, to a reference or to the referee or referees appointed by the court shall be made in writing, and must be heard and disposed of by the court, not by the referee.
(Repealed and added by Stats. 2000, Ch. 644, Sec. 7. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 643.

643. (a) Unless otherwise directed by the court, the referees or commissioner must report their statement of decision in writing to the court within 20 days after the hearing, if any, has been concluded and the matter has been submitted.
(b) A referee appointed pursuant to Section 638 shall report as agreed by the parties and approved by the court.
(c) A referee appointed pursuant to Section 639 shall file with the court a report that includes a recommendation on the merits of any disputed issue, a statement of the total hours spent and the total fees charged by the referee, and the referee’s recommended allocation of payment. The referee shall serve the report on all parties. Any party may file an objection to the referee’s report or recommendations within 10 days after the referee serves and files the report, or within another time as the court may direct. The objection shall be served on the referee and all other parties. Responses to the objections shall be filed with the court and served on the referee and all other parties within 10 days after the objection is served. The court shall review any objections to the report and any responses submitted to those objections and shall thereafter enter appropriate orders. Nothing in this section is intended to deprive the court of its power to change the terms of the referee’s appointment or to modify or disregard the referee’s recommendations, and this overriding power may be exercised at any time, either on the motion of any party for good cause shown or on the court’s own motion.
(Amended by Stats. 2000, Ch. 644, Sec. 8. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 644.

644. (a) In the case of a consensual general reference pursuant to Section 638, the decision of the referee or commissioner upon the whole issue must stand as the decision of the court, and upon filing of the statement of decision with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court.
(b) In the case of all other references, the decision of the referee or commissioner is only advisory. The court may adopt the referee’s recommendations, in whole or in part, after independently considering the referee’s findings and any objections and responses thereto filed with the court.
(Amended by Stats. 2007, Ch. 263, Sec. 8. Effective January 1, 2008.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 645.

645. The decision of the referee appointed pursuant to Section 638 or commissioner may be excepted to and reviewed in like manner as if made by the court. When the reference is to report the facts, the decision reported has the effect of a special verdict.
(Amended by Stats. 2000, Ch. 644, Sec. 10. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 645.1.

645.1. (a) When a referee is appointed pursuant to Section 638, the referee’s fees shall be paid as agreed by the parties. If the parties do not agree on the payment of fees and request the matter to be resolved by the court, the court may order the parties to pay the referee’s fees as set forth in subdivision (b).
(b) When a referee is appointed pursuant to Section 639, at any time after a determination of ability to pay is made as specified in paragraph (6) of subdivision (d) of Section 639, the court may order the parties to pay the fees of referees who are not employees or officers of the court at the time of appointment, as fixed pursuant to Section 1023, in any manner determined by the court to be fair and reasonable, including an apportionment of the fees among the parties. For purposes of this section, the term “parties” does not include parties’ counsel.
(Amended by Stats. 2001, Ch. 159, Sec. 38.5. Effective January 1, 2002.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 6 - Of References and Trials by Referees › Section 645.2.

645.2. The Judicial Council shall adopt all rules of court necessary to implement this chapter.
(Added by Stats. 2000, Ch. 644, Sec. 12. Effective January 1, 2001.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 7 - Provisions Relating to Trials in General › ARTICLE 1 - Exceptions › Section 646.

646. An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a Court, tribunal, Judge, or other judicial officer, in an action or proceeding. The exception must be taken at the time the decision is made, except as provided in section six hundred and forty-seven.
(Amended by Code Amendments 1875-76, Ch. 517.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 7 - Provisions Relating to Trials in General › ARTICLE 1 - Exceptions › Section 647.

647. All of the following are deemed excepted to: the verdict of the jury; the final decision in an action or proceeding; an interlocutory order or decision, finally determining the rights of the parties, or some of them; an order or decision from which an appeal may be taken; an order sustaining or overruling a demurrer, allowing or refusing to allow an amendment to a pleading, striking out or refusing to strike out a pleading or a portion thereof, or refusing a continuance; an order made upon ex parte application, giving an instruction, refusing to give an instruction, or modifying an instruction requested; an order or decision made in the absence of the party or an order granting or denying a nonsuit or a motion to strike out evidence or testimony; a ruling sustaining or overruling an objection to evidence; and any statement or other action of the court in commenting upon or in summarizing the evidence. If the party, at the time when the order, ruling, action or decision is sought or made, or within a reasonable time thereafter, makes known his position thereon, by objection or otherwise, all other orders, rulings, actions or decisions are deemed to have been excepted to.
(Amended by Stats. 1963, Ch. 99.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 7 - Provisions Relating to Trials in General › ARTICLE 1.5 - View by Trier of Fact › Section 651.

651. (a) On its own motion or on the motion of a party, where the court finds that such a view would be proper and would aid the trier of fact in its determination of the case, the court may order a view of any of the following:
(1) The property which is the subject of litigation.
(2) The place where any relevant event occurred.
(3) Any object, demonstration, or experiment, a view of which is relevant and admissible in evidence in the case and which cannot with reasonable convenience be viewed in the courtroom.
(b) On such occasion, the entire court, including the judge, jury, if any, court reporter, if any, and any necessary officers, shall proceed to the place, property, object, demonstration, or experiment to be viewed. The court shall be in session throughout the view. At the view, the court may permit testimony of witnesses. The proceedings at the view shall be recorded to the same extent as the proceedings in the courtroom.
(Added by Stats. 1975, Ch. 301.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 7 - Provisions Relating to Trials in General › ARTICLE 2 - New Trials › Section 656.

656. A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.
(Amended by Stats. 1907, Ch. 380.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 7 - Provisions Relating to Trials in General › ARTICLE 2 - New Trials › Section 657.1.

657.1. A new trial may also be granted as provided in Section 914 of this code.
(Added by Stats. 1968, Ch. 387.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 7 - Provisions Relating to Trials in General › ARTICLE 2 - New Trials › Section 658.

658. When the application is made for a cause mentioned in the first, second, third and fourth subdivisions of Section 657, it must be made upon affidavits; otherwise it must be made on the minutes of the court.
(Amended by Stats. 1983, Ch. 1167, Sec. 9.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 7 - Provisions Relating to Trials in General › ARTICLE 2 - New Trials › Section 659.

659. (a) The party intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of his or her intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court, or both, either:
(1) After the decision is rendered and before the entry of judgment.
(2) Within 15 days of the date of mailing notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or service upon him or her by any party of written notice of entry of judgment, or within 180 days after the entry of judgment, whichever is earliest; provided, that upon the filing of the first notice of intention to move for a new trial by a party, each other party shall have 15 days after the service of that notice upon him or her to file and serve a notice of intention to move for a new trial.
(b) That notice of intention to move for a new trial shall be deemed to be a motion for a new trial on all the grounds stated in the notice. The times specified in paragraphs (1) and (2) of subdivision (a) shall not be extended by order or stipulation or by those provisions of Section 1013 that extend the time for exercising a right or doing an act where service is by mail.
(Amended by Stats. 2012, Ch. 83, Sec. 1. (AB 2106) Effective January 1, 2013.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 7 - Provisions Relating to Trials in General › ARTICLE 2 - New Trials › Section 659a.

659a. Within 10 days of filing the notice, the moving party shall serve upon all other parties and file any brief and accompanying documents, including affidavits in support of the motion. The other parties shall have 10 days after that service within which to serve upon the moving party and file any opposing briefs and accompanying documents, including counter-affidavits. The moving party shall have five days after that service to file any reply brief and accompanying documents. These deadlines may, for good cause shown by affidavit or by written stipulation of the parties, be extended by any judge for an additional period not to exceed 10 days.
(Amended by Stats. 2014, Ch. 93, Sec. 2. (AB 1659) Effective January 1, 2015.)
2023 California Code › Code of Civil Procedure - CCP › PART 2 - OF CIVIL ACTIONS › TITLE 8 - OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS › CHAPTER 7 - Provisions Relating to Trials in General › ARTICLE 2 - New Trials › Section 660.

660. (a) On the hearing of the motion, reference may be had in all cases to the pleadings and orders of the court on file, and when the motion is made on the minutes, reference may also be had to any depositions and documentary evidence offered at the trial and to the report of the proceedings on the trial taken by the phonographic reporter, or to any certified transcript of the report or if there be no such report or certified transcript, to proceedings occurring at the trial that are within the recollection of the judge; when the proceedings at the trial have been phonographically reported, but the reporter’s notes have not been transcribed, the reporter shall, upon request of the court or either party, attend the hearing of the motion and read his or her notes, or such parts thereof as the court, or either party, may require.
(b) The hearing and determination of the motion for a new trial shall have precedence over all other matters except criminal cases, probate matters, and cases actually on trial, and it shall be the duty of the court to determine the motion at the earliest possible moment.
(c) Except as otherwise provided in Section 12a of this code, the power of the court to rule on a motion for a new trial shall expire 75 days after the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5 or 75 days after service on the moving party by any party of written notice of entry of judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move for a new trial. If the motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the court. A motion for a new trial is not determined within the meaning of this section until an order ruling on the motion is entered in the permanent minutes of the court or signed by the judge and filed with the clerk. The entry of a new trial order in the permanent minutes of the court shall constitute a determination of the motion even though that minute order, as entered, expressly directs that a written order be prepared, signed, and filed. The minute entry shall in all cases show the date on which the order is entered in the permanent minutes, but failure to comply with this direction shall not impair the validity or effectiveness of the order.
(Amended by Stats. 2018, Ch. 317, Sec. 1. (AB 2230) Effective January 1, 2019.)