California Expedited Jury Trial: Rules, High/Low, and Opt-Out

A California expedited jury trial is a civil trial compressed into roughly one day, decided by an eight-person jury, with each side limited to five hours of total trial time and almost no right to appeal the result. It comes in two forms under California Code of Civil Procedure sections 630.01 through 630.12: a voluntary version any civil litigants can opt into by signing a consent order, and a mandatory version that applies automatically to most limited civil cases unless a party opts out. Both versions trade post-trial flexibility for a faster, cheaper resolution, so knowing what you are agreeing to before you sign matters more here than in most procedural decisions.

Voluntary Version vs. Mandatory Version

The voluntary version is a choice. All parties, their attorneys, and (through non-objection) any insurance carrier on the hook for coverage or defense must agree in writing after the dispute has arisen and the case is filed. You cannot bind yourself to it in advance through a contract clause.¹

The mandatory version, in effect since 2016, applies by default to most limited civil cases (generally those seeking $25,000 or less). It uses the same core trial mechanics, but because no one chose it, the sweeping appeal waiver that defines the voluntary track does not apply.² Eviction cases (forcible entry and unlawful detainer) are excluded from the mandatory rules entirely.

How the Trial Day Runs

The jury is eight people, or fewer if the parties agree, with no alternates. A verdict requires six of the eight jurors to agree, the same three-quarters supermajority that applies to standard 12-person civil juries in California.³

Each side gets up to five hours total. That cap covers everything: jury selection, opening statement, direct and cross-examination, and closing argument. Five hours sounds generous until you remember it includes voir dire. Experienced practitioners typically budget 45 minutes to an hour for jury selection and plan the rest of their case around what is left. The clock is the clock.

Each side also gets three peremptory challenges rather than the usual six. When more than two genuinely adverse sides are involved, any side may ask the court for one additional peremptory, which the court grants as the interests of justice require.⁴

The High/Low Agreement

Most voluntary expedited jury trials include a high/low agreement, which puts a floor and a ceiling on what the plaintiff actually collects. The plaintiff is guaranteed to receive at least the floor amount even if the jury returns a defense verdict or a smaller award, and the defendant’s exposure is capped at the ceiling even if the jury awards more. The jury is not told the agreement exists or what the numbers are.¹

If the verdict lands within the range, it stands. If it falls outside, the court adjusts the judgment to the nearer boundary. A $10,000 verdict with a $50,000 floor becomes a $50,000 judgment; a $500,000 verdict with a $200,000 ceiling becomes a $200,000 judgment. The high/low is optional, but it is a central reason both sides accept the process: the plaintiff eliminates the risk of walking away empty-handed, and the defendant eliminates the risk of a runaway verdict.

What You Give Up by Agreeing

Signing the voluntary consent order waives the right to move for a directed verdict during trial, to move to set aside the verdict after trial, and to seek a new trial based on inadequate or excessive damages.⁵ You can move for a new trial or appeal only on three grounds:

Judicial misconduct that materially affected a party’s substantial rights.
Jury misconduct during the trial or deliberations.
Fraud, corruption, or other undue means that prevented a fair trial.

Even then, you cannot go straight to the appellate court. You must first file a motion for a new trial within 10 court days of the verdict. Only if that motion is denied can you appeal.⁶

Beyond those three grounds, the only post-trial motions available are motions about costs and attorney’s fees, motions to correct clerical errors in the judgment, and motions to enforce the judgment. Everything else is gone.

Signing and Backing Out

The voluntary process starts with a written consent order signed by every party and attorney and submitted to the court as a proposed order. It must confirm the five-hour time limit, the eight-person jury, the three peremptory challenges, the appeal waiver, and that each party and any responsible insurer received a Judicial Council information sheet about the rules. Parties can add optional terms covering expert witness limits, modified evidence rules, or use of video depositions and written declarations.⁷

Once the court approves the consent order, it is binding but not permanent. There are two exits. All parties can jointly stipulate to end the agreement and return the case to the standard track, or the court can terminate it on its own or at a party’s request if it finds good cause.⁵ What the statute does not allow is unilateral withdrawal over an opposing party’s objection. If your opponent will not agree and you cannot show the court good cause, you are locked in.

Deadlines to Watch

The proposed consent order must be submitted no later than 30 days before the assigned trial date, though the court has discretion to accept a later filing.⁷

Unless the parties agree otherwise, each side must serve the following on every opposing party at least 25 days before trial: copies of all documentary evidence to be introduced (medical bills, records, lost income documentation, and similar materials), a list of every witness to be called with a note on whether the testimony will be live or by deposition, and proposed jury instructions. Evidence or witnesses held back solely for impeachment or rebuttal need not be disclosed.⁸ This 25-day exchange is tighter than most litigants are used to, so build it into the calendar early.

Opting Out of the Mandatory Version

If your case is a limited civil case, the expedited format applies automatically. Either party can opt out when any of the following applies:

The case seeks punitive damages.
Damages sought exceed insurance policy limits.
A party’s insurer is defending under a reservation of rights.
The claim must be reported to a governmental entity.
The case involves moral turpitude that could affect a professional license.
The claims involve intentional acts rather than negligence.
The case has been reclassified as an unlimited civil case.
The complaint demands attorney’s fees, unless the fees are sought under Civil Code section 1717 (contract-based fee provisions).
The judge finds good cause, which can include a showing that five hours is not enough time and the parties cannot agree on more.

One important difference from the voluntary track: a judgment in a mandatory expedited jury trial can be appealed to the appellate division of the superior court. The near-total waiver of appeal rights only exists where a party actually chose the expedited format.²

1
California Legislative Information. California Code of Civil Procedure – Voluntary Expedited Jury Trials
2
California Legislative Information. California Code of Civil Procedure CCP 630.20
3
California Legislative Information. California Code of Civil Procedure CCP 630.06
4
California Legislative Information. California Code of Civil Procedure CCP 630.04 – Voluntary Expedited Jury Trials
5
Justia. California Code of Civil Procedure CCP 630.01-630.12
6
California Legislative Information. California Code of Civil Procedure CCP 630.09
7
Judicial Branch of California. California Rules of Court Rule 3.1547 – Consent Order for Voluntary Expedited Jury Trial
8
Judicial Branch of California. California Rules of Court Rule 3.1548 – Pretrial Submissions for Voluntary Expedited Jury Trials