SANTA ANA, Calif., Jan. 5, 2015 (GLOBE NEWSWIRE) -- Hon. Thierry Colaw will preside over the first seminar showcasing a new trial system, an expedited civil jury trial, by the Orange County Chapter of ABOTA, in a 200-seat courtroom in a case tried by Eric Traut of the Traut Firm, at the Orange County Superior Court, 700 Civic Center Drive West, Dept. 1, in Santa Ana on January 30, 2015, from 8am to 5pm and will offer seven FREE hours of continuing education credits for attorneys. This will be an unprecedented event that is occurring due to the blessing of the presiding judge and the parties involved in the case.
Showcasing a new trial system that serves the smaller, less-complex cases in California in a more timely and efficient manner, this FREE seminar is a chance for those interested in the proceedings to observe a real trial, and it is the first Expedited Jury Trial conducted at seminar since inception of the program in 2011.
A leader in the use of Expedited Jury Trials, Traut has tried four Expedited Jury Trials, including the first two in Riverside County. He is Past President of OC-ABOTA, the Orange County Trial Lawyers Association, and has tried nearly 100 civil jury trials in his 24-year career.
Says Eric Traut, "Justice only works if the time, space and economic resources are available for court proceedings. The Expedited Jury Trial is a great way to offer access to the justice system for those who need it. In addition to being an excellent seminar for new lawyers, it is my hope that insurance representatives involved in making the decision to agree to such a trial format will attend to see the process first-hand."
The Expedited Jury Trial Seminar is free to the first 200 registered attendees at OCABOTA.ORG. 7.0 CLE hours are available for registered attendees.
ABOUT ERIC V. TRAUT: Eric Traut distinguished himself early as one of the top trial attorneys in Southern California when he was recognized as the youngest winner of the prestigious Trial Lawyer of the Year award in the history of the Orange County Trial Lawyer Association. Eric has handled high-profile cases that have resulted in appearances on Good Morning America, Fox News, Court T.V., and ABC's "Primetime." Eric is rated AV Preeminent, the highest possible rank under Martindale Hubbell's peer rating system, and is among fewer than 100 California attorneys certified by the National Board of Trial Advocacy as a civil trial specialist. http://trautfirm.com/eric-v-traut
ABOUT TRAUT FIRM: Partners of Traut Firm have litigated cases for a combined 58 years, serving as plaintiff's attorneys primarily in areas of personal injury, legal malpractice, vehicle accidents and workplace accidents. http://trautfirm.com/home
ABOUT EXPEDITED JURY TRIALS: An Expedited Jury Trial is a short jury trial, generally lasting one day. It is quicker and less expensive than a traditional jury trial. https://dl.dropboxusercontent.com/u/549870/OneDayJuryTrial.pdf
ABOUT OC-ABOTA: The Orange County Chapter of the American Board of Trial Advocates is dedicated to the constitutional vision of equal justice for all Americans and preserving the civil justice system. http://www.ocabota.org/#
California Lawyer detailed the Expedited Jury Trail process and featured Eric Traut's powerful argument for more use of this very effective jury trial system.
Says the article: Justice works only if the time, space, and economic resources are available for court proceedings. But in recent years securing a courtroom for a jury trial has become a significantly greater obstacle.
For at least a generation, the number of civil jury trials has consistently declined. (See "The Death of the Civil Jury Trial," Los Angeles Daily Journal, May 8, 2014.)
To address the smaller, less complex cases in California, three years ago the Legislature created the Expedited Jury Trial (EJT) Program. (See Cal. Code Civ. Proc. §§ 630.01-630.10; Cal. Rules of Court (CRC) 3.1545-3.1552.) Designed to help clear some of the congestion without infringing the right of access to a jury trial, the voluntary EJT is modeled after a similar program offered in South Carolina since the 1980s. (See "Short, Summary & Expedited," Nat'l Ctr. for State Cts. (2012).) Essentially, litigants give up the option of a directed verdict and some rights of appeal in exchange for a swifter trial.
Many of the lawyers, juries, and judges who have participated in EJTs report being very pleased with the efficient handling of the trials, as well as the high degree of protection given the rights of the parties.
How It Works
The process begins when all parties agree to a consent order that spells out the mandatory terms that will govern the EJT. The order also includes any additional agreements between the parties, including the amount of damages awardable, and stipulations regarding the introduction of witness statements, medical records or reports, and expert testimony via declaration. (See Cal. Code Civ. Proc. § 630.03; and CRC 3.1547.)
The day of the trial, the judge serves as timekeeper .(CRC 3.1549.) One hour is devoted to voir dire: The jury shall include eight or fewer persons, with no alternates; each side has three peremptory challenges. The votes of at least six jurors are required to reach a verdict (or fewer if the parties so stipulate). (§§ 630.04, 630.07(b).)
Each side gets three hours to present its case, including opening statements and closing arguments, unless the court allows more time. These limits include time for cross-examination of adverse witnesses. To save costs, the parties are encouraged to simplify presentation by stipulation. Parties are urged to make use of summaries, electronic submissions, and "innovative methods of presentation" approved at a pretrial conference. (CRC 3.1551.) As the rules reinforce, the "goal is to complete an expedited jury trial within one full trial day." (CRC 3.1550.)
By agreeing to an EJT, the parties waive the right to move for a directed verdict, or to set aside a verdict, or to seek a new trial on the basis of inadequate or excessive damages. (§ 630.08.)
The jury can deliberate as long as needed (§ 630.05), and the deliberations do not count against the six hours provided to present the case. The result is binding, and for the most part cannot be appealed. (§ 630.09.)
The Benefits
Flexibility. As long as the consent order includes the mandatory requirements, counsel are free to shape the trial to best meet their needs.
Certainty. EJTs are nearly certain to get a courtroom on the initial date they are set for trial, and frequently they are tried before any other case on that day's calendar.
Finality. Unlike arbitration, expedited trials allow no de novo request and very few posttrial motions. There is no appeal except for judicial or juror misconduct, fraud, corruption, or other undue means that prevent a party from having a fair trial. (§ 630.09(a).)
Savings. Perhaps the most obvious advantage of an EJT is the inherent lower cost for clients, counsel, as well as the court.
By addressing issues of cost and delay in the courts, the EJT is an effective tool for preserving access to a jury trial. Hopefully, more trial attorneys and judges will take advantage of this procedural option to better serve their clients and the cause of justice.
Eric V. Traut, a partner at the Traut Firm in Santa Ana who specializes in plaintiffs injury litigation, has tried four expedited jury trials.
Eric's recent participation in co-writing the article "The One Day Jury Trial" was recently published in Advocate Magazine.
Karen Gorden's feature profile on Eric featured in the October issue of Orange County Attorney Journal. Read the article here...
Traut Firm Intern Receives College Scholarship - Eric Traut Serves as Emcee to Bar Foundation Dinner
Eric Traut of the Traut Firm served as Emcee for the Project SELF Legal Internship Recognition Dinner presented by the Orange County Bar Foundation and the Orange County Chapter of the Association of Legal Administrators. Additionally, Traut Firm high school intern Graciela Castrejon received a $500 scholarship from the Banyard Inn of Court from Judge Kim R. Hubbard.
With the goal to inspire students to continue to strive for professional success, event keynote speaker Judge Francisco F. Firmat (ret.) addressed Project SELF interns, their families and about 200 members of the Orange County legal community during the annual Project SELF Recognition Dinner on Wednesday, August 6, 2014 at the Chuck Jones Center in Costa Mesa, CA. The event celebrated this year’s record-breaking 68 students placed as interns throughout 53 Orange County law firms and law-related businesses through the Project SELF internship program providing low-to-middle income high school juniors with a hands-on summer internship.
Eric featured the Orange County Register for recognition in the Project SELF Program where he will be a mentor to high school students. Read more...
Eric Traut quoted in story, “Newport Beach Bans New Jetpack Business for Six Months,” about personal injury and the emerging recreational activity of operating a jet pack. Read more...
Eric Traut served as a professional mentor to a program intern, a high school senior from a Santa Ana School District High School, working in Traut Firm's office, where she will work her first job performing work in the legal sector, opening doors for future professional career paths. Read more...
“Civility and Professionalism: A View from the Bench and Bar” Eric Traut Co-presented with Hon. Karen Robinson of O.C. Superior Court for the Orange County Bar Association Ethics CLE
Eric was inducted into the Western State College of Law's Hall of Fame. Read more...
Eric acts as program Co-Chair and Panel Speaker for the College of Trial Advocacy, Orange County Bar Association. Read more...