Bill Text: CA AB1403 | 2011-2012 | Regular Session | Chaptered
Bill Title: Civil actions.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2011-10-02 - Chaptered by Secretary of State - Chapter 409, Statutes of 2011. [AB1403 Detail]
Download: California-2011-AB1403-Chaptered.html
BILL NUMBER: AB 1403 CHAPTERED
BILL TEXT
CHAPTER 409
FILED WITH SECRETARY OF STATE OCTOBER 2, 2011
APPROVED BY GOVERNOR OCTOBER 2, 2011
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN SENATE JULY 12, 2011
AMENDED IN SENATE JUNE 23, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
INTRODUCED BY Committee on Judiciary (Feuer (Chair), Atkins,
Dickinson, Huber, Huffman, Monning, and Wieckowski)
MARCH 7, 2011
An act to amend Sections 222.5, 662.5, and 1033.5 of the Code of
Civil Procedure, relating to civil actions.
LEGISLATIVE COUNSEL'S DIGEST
AB 1403, Committee on Judiciary. Civil actions.
(1) Existing law requires a trial judge to examine prospective
jurors, and, upon completion of the judge's examination, grants
counsel for each party the right to examine, by oral and direct
questioning, any prospective juror in order to enable counsel to
intelligently exercise peremptory challenges and challenges for
cause. Existing law requires the scope of examination conducted by
counsel to be within the reasonable limits prescribed by the trial
judge and prohibits the imposition of unreasonable or arbitrary time
limits on the examination.
This bill would specify that this prohibition applies to all
cases. The bill would provide that the trial judge should allow a
brief opening statement by counsel for each party prior to the
commencement of the oral questioning phase of the voir dire process.
The bill would prohibit the trial judge from establishing a blanket
policy of a time limit for voir dire, and would provide that the
parties should be given reasonable time to evaluate the responses to
any written questionnaires, if used, before oral questioning
commences. The bill also would provide that the judge in civil trials
should provide the parties with both the alphabetical list and the
list of prospective jurors in the order in which they will be called.
(2) Existing law authorizes the trial court, in its discretion, in
any civil action where after trial by jury an order granting a new
trial limited to the issue of damages would be proper, to make a
conditional order granting a new trial. If the ground for granting a
new trial is inadequate damages, the order granting the new trial may
be subject to the condition that the motion for a new trial is
denied if the party against whom the verdict has been rendered
consents to an increased verdict, as specified. If the ground for
granting a new trial is excessive damages, the order granting the new
trial may be subject to the condition that the motion for a new
trial is denied if the party in whose favor the verdict has been
rendered consents to a reduction of the verdict, as specified.
This bill would provide that the deadline for acceptance or
rejection of the addition or reduction of damages is 30 days from the
date the conditional order is served by the clerk of the court, if a
deadline is not set forth in the conditional order. The bill would
provide that failure to respond to the order shall be deemed a
rejection of the addition or reduction of damages, and a new trial
limited to the issue of damages shall be granted automatically. The
bill would require a party filing and serving an acceptance of a
conditionally ordered addition or reduction of damages to
concurrently serve and submit to the court a proposed amended
judgment reflecting the modified judgment amount, as well as any
other uncontested judgment awards. The bill would also make technical
changes.
(3) Existing law provides that the prevailing party, as defined,
is generally entitled to recover specified costs in an action or
proceeding and lists the items that are recoverable costs.
This bill would add court interpreter fees to those costs that may
be recovered, when the court has authorized a court interpreter for
an indigent person, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 222.5 of the Code of Civil Procedure is amended
to read:
222.5. To select a fair and impartial jury in civil jury trials,
the trial judge shall examine the prospective jurors. Upon completion
of the judge's initial examination, counsel for each party shall
have the right to examine, by oral and direct questioning, any of the
prospective jurors in order to enable counsel to intelligently
exercise both peremptory challenges and challenges for cause. During
any examination conducted by counsel for the parties, the trial judge
should permit liberal and probing examination calculated to discover
bias or prejudice with regard to the circumstances of the particular
case. The fact that a topic has been included in the judge's
examination should not preclude additional nonrepetitive or
nonduplicative questioning in the same area by counsel.
The trial judge should allow a brief opening statement by counsel
for each party prior to the commencement of the oral questioning
phase of the voir dire process.
The scope of the examination conducted by counsel shall be within
reasonable limits prescribed by the trial judge in the judge's sound
discretion. In exercising his or her sound discretion as to the form
and subject matter of voir dire questions, the trial judge should
consider, among other criteria, any unique or complex elements, legal
or factual, in the case and the individual responses or conduct of
jurors which may evince attitudes inconsistent with suitability to
serve as a fair and impartial juror in the particular case. Specific
unreasonable or arbitrary time limits shall not be imposed in any
case. The trial judge shall not establish a blanket policy of a time
limit for voir dire.
The trial judge should permit counsel to conduct voir dire
examination without requiring prior submission of the questions
unless a particular counsel engages in improper questioning. For
purposes of this section, an "improper question" is any question
that, as its dominant purpose, attempts to precondition the
prospective jurors to a particular result, indoctrinate the jury, or
question the prospective jurors concerning the pleadings or the
applicable law. A court shall not arbitrarily or unreasonably refuse
to submit reasonable written questionnaires, the contents of which
are determined by the court in its sound discretion, when requested
by counsel. If a questionnaire is utilized, the parties should be
given reasonable time to evaluate the responses to the questionnaires
before oral questioning commences. To help facilitate the jury
selection process, the judge in civil trials should provide the
parties with both the alphabetical list and the list of prospective
jurors in the order in which they will be called.
In civil cases, the court may, upon stipulation by counsel for all
the parties appearing in the action, permit counsel to examine the
prospective jurors outside a judge's presence.
SEC. 2. Section 662.5 of the Code of Civil Procedure is amended to
read:
662.5. (a) In any civil action where after trial by jury an order
granting a new trial limited to the issue of damages would be
proper, the trial court may in its discretion:
(1) If the ground for granting a new trial is inadequate damages,
issue a conditional order granting the new trial unless the party
against whom the verdict has been rendered consents to the addition
of damages in an amount the court in its independent judgment
determines from the evidence to be fair and reasonable.
(2) If the ground for granting a new trial is excessive damages,
issue a conditional order granting the new trial unless the party in
whose favor the verdict has been rendered consents to the reduction
of so much thereof as the court in its independent judgment
determines from the evidence to be fair and reasonable.
(b) If a deadline for acceptance or rejection of the addition or
reduction of damages is not set forth in the conditional order, the
deadline is 30 days from the date the conditional order is served by
the clerk of the court. Failure to respond to the order in accordance
with this section shall be deemed a rejection of the addition or
reduction of damages and a new trial limited to the issue of damages
shall be granted automatically.
(c) A party filing and serving an acceptance of a conditionally
ordered addition or reduction of damages shall concurrently serve and
submit to the court a proposed amended judgment reflecting the
modified judgment amount, as well as any other uncontested judgment
awards.
SEC. 3. Section 1033.5 of the Code of Civil Procedure is amended
to read:
1033.5. (a) The following items are allowable as costs under
Section 1032:
(1) Filing, motion, and jury fees.
(2) Juror food and lodging while they are kept together during
trial and after the jury retires for deliberation.
(3) Taking, video recording, and transcribing necessary
depositions including an original and one copy of those taken by the
claimant and one copy of depositions taken by the party against whom
costs are allowed, and travel expenses to attend depositions.
(4) Service of process by a public officer, registered process
server, or other means, as follows:
(A) When service is by a public officer, the recoverable cost is
the fee authorized by law at the time of service.
(B) If service is by a process server registered pursuant to
Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code, the recoverable cost is the amount
actually incurred in effecting service, including, but not limited
to, a stakeout or other means employed in locating the person to be
served, unless those charges are successfully challenged by a party
to the action.
(C) When service is by publication, the recoverable cost is the
sum actually incurred in effecting service.
(D) When service is by a means other than that set forth in
subparagraph (A), (B), or (C), the recoverable cost is the lesser of
the sum actually incurred, or the amount allowed to a public officer
in this state for that service, except that the court may allow the
sum actually incurred in effecting service upon application pursuant
to paragraph (4) of subdivision (c).
(5) Expenses of attachment including keeper's fees.
(6) Premiums on necessary surety bonds.
(7) Ordinary witness fees pursuant to Section 68093 of the
Government Code.
(8) Fees of expert witnesses ordered by the court.
(9) Transcripts of court proceedings ordered by the court.
(10) Attorney's fees, when authorized by any of the following:
(A) Contract.
(B) Statute.
(C) Law.
(11) Court reporter fees as established by statute.
(12) Court interpreter fees for a qualified court interpreter
authorized by the court for an indigent person represented by a
qualified legal services project, as defined by Section 6213 of the
Business and Professions Code.
(13) Models and blowups of exhibits and photocopies of exhibits
may be allowed if they were reasonably helpful to aid the trier of
fact.
(14) Any other item that is required to be awarded to the
prevailing party pursuant to statute as an incident to prevailing in
the action at trial or on appeal.
(b) The following items are not allowable as costs, except when
expressly authorized by law:
(1) Fees of experts not ordered by the court.
(2) Investigation expenses in preparing the case for trial.
(3) Postage, telephone, and photocopying charges, except for
exhibits.
(4) Costs in investigation of jurors or in preparation for voir
dire.
(5) Transcripts of court proceedings not ordered by the court.
(c) Any award of costs shall be subject to the following:
(1) Costs are allowable if incurred, whether or not paid.
(2) Allowable costs shall be reasonably necessary to the conduct
of the litigation rather than merely convenient or beneficial to its
preparation.
(3) Allowable costs shall be reasonable in amount.
(4) Items not mentioned in this section and items assessed upon
application may be allowed or denied in the court's discretion.
(5) When any statute of this state refers to the award of "costs
and attorney's fees," attorney's fees are an item and component of
the costs to be awarded and are allowable as costs pursuant to
subparagraph (B) of paragraph (10) of subdivision (a). Any claim not
based upon the court's established schedule of attorney's fees for
actions on a contract shall bear the burden of proof. Attorney's fees
allowable as costs pursuant to subparagraph (B) of paragraph (10) of
subdivision (a) may be fixed as follows: (A) upon a noticed motion,
(B) at the time a statement of decision is rendered, (C) upon
application supported by affidavit made concurrently with a claim for
other costs, or (D) upon entry of default judgment. Attorney's fees
allowable as costs pursuant to subparagraph (A) or (C) of paragraph
(10) of subdivision (a) shall be fixed either upon a noticed motion
or upon entry of a default judgment, unless otherwise provided by
stipulation of the parties.
Attorney's fees awarded pursuant to Section 1717 of the Civil Code
are allowable costs under Section 1032 of this code as authorized by
subparagraph (A) of paragraph (10) of subdivision (a).
