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2016 California Rules of Court

Rule 3.1547. Consent order

(a) Submitting proposed consent order to the court

(1)Unless the court otherwise allows, to be eligible to participate in an expedited jury trial, the parties must submit to the court, no later than 30 days before any assigned trial date, a proposed consent order granting an expedited jury trial.

(2)The parties may enter into written stipulations regarding any high/low agreements or other matters. Only in the following circumstances may a high/low agreement be submitted to the court with the proposed consent order or disclosed later in the action:

(A)Upon agreement of the parties;

(B)In any case involving either

(i)A self-represented litigant, or

(ii)A minor, an incompetent person, or a person for whom a conservator has been appointed; or

(C)If necessary for entry or enforcement of the judgment.

(b) Optional content of proposed consent order

In addition to complying with the provisions of Code of Civil Procedure section 630.03(e), the proposed consent order may include other agreements of the parties, including the following:

(1)Modifications of the timelines for pretrial submissions required by rule 3.1548;

(2)Limitations on the number of witnesses per party, including expert witnesses;

(3)Modification of statutory or rule provisions regarding exchange of expert witness information and presentation of testimony by such witnesses;

(4)Allocation of the time periods stated in rule 3.1550, including how arguments and cross-examination may be used by each party in the three-hour time frame;

(5)Any evidentiary matters agreed to by the parties, including any stipulations or admissions regarding factual matters;

(6)Any agreements about what constitutes necessary or relevant evidence for a particular factual determination;

(7)Agreements about admissibility of particular exhibits or demonstrative evidence that are presented without the legally required authentication or foundation;

(8)Agreements about admissibility of video or written depositions and declarations;

(9)Agreements about any other evidentiary issues or the application of any of the rules of evidence;

(10)Agreements to use photographs, diagrams, slides, electronic presentations, overhead projections, notebooks of exhibits, or other methods for presenting information to the jury;

(11)Agreements concerning the time frame for filing and serving motions in limine; and

(12)Agreements concerning numbers of jurors required for jury verdicts in cases with fewer than eight jurors.

Rule 3.1547 adopted effective January 1, 2011.

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