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2014 California Rules of Court

Rule 2.1010. Juror motion to set aside sanctions imposed by default

(a) Motion

A prospective juror against whom sanctions have been imposed by default under Code of Civil Procedure section 209 may move to set aside the default. The motion must be brought no later than 60 days after sanctions have been imposed.

(b) Contents of motion

A motion to set aside sanctions imposed by default must contain a short and concise statement of the reasons the prospective juror was not able to attend when summoned for jury duty and any supporting documentation.

(c) Judicial Council form may be used

A motion to set aside sanctions imposed by default may be made by completing and filing Juror's Motion to Set Aside Sanctions and Order (form MC-070).

(Subd (c) amended effective January 1, 2007.)

(d) Hearing

The court may decide the motion with or without a hearing.

(Subd (d) amended effective January 1, 2007.)

(e) Good cause required

If the motion demonstrates good cause, a court must set aside sanctions imposed against a prospective juror.

(f) Continuing obligation to serve

Nothing in this rule relieves a prospective juror of the obligation of jury service.

(g) Notice to juror

The court must provide a copy of this rule to the prospective juror against whom sanctions have been imposed.

Rule 2.1010 amended effective January 1, 2010; adopted as rule 862 effective January 1, 2005; previously amended effective January 1, 2007.

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