Form EJT-003 "Request to Opt out of Mandatory Expedited Jury Trial Procedures" - California

What Is Form EJT-003?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2016;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form EJT-003 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form EJT-003 "Request to Opt out of Mandatory Expedited Jury Trial Procedures" - California

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EJT-003
STATE BAR NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
OTHER:
CASE NUMBER:
REQUEST TO OPT OUT OF MANDATORY
EXPEDITED JURY TRIAL PROCEDURES
See instructions on back.
1.
(Name of party):
requests to opt out of the mandatory expedited jury trial procedures
in this case because it meets one of the criteria set forth in Code of Civil Procedure section 630.20(b).
2.
The ground for asking to opt out is (check one or more of the following grounds from Code of Civil Procedure section 630.20(b)):
a.
Grounds on which a party may choose to opt out of an expedited jury trial.
(1)
Punitive damages are sought in the case. (§ 630.20(b)(1).)
(2)
Damages in excess of insurance policy limits are sought in the case. (§ 630.20(b)(2).)
(3)
A party's insurer is providing a legal defense subject to a reservation of rights. (§ 630.20(b)(3).)
(4)
The case involves a claim reportable to a governmental entity. (§ 630.20(b)(4).)
(5)
The case involves a claim of moral turpitude that may affect an individual's professional license. (§ 630.20(b)(5).)
(Identify the individual and the license):
(6)
The case involves claims of intentional conduct. (§ 630.20(b)(6).)
(7)
The case has been reclassified as unlimited pursuant to Code of Civil Procedure section 403.020. (§ 630.20(b)(7).)
(8)
The complaint contains a demand for attorney's fees other than fees sought under Civil Code section 1717.
(§ 630.20(b)(8).) (A complaint seeking attorney's fees provided for in a contract is not exempt.)
b.
Ground on which the judge must make a finding. (Note that good cause includes, but is not limited to, a showing that a party
needs more than five hours to present or defend the action and the parties have been unable to stipulate to additional time.)
Good cause exists (other than one of the grounds listed above) for not proceeding as an expedited jury trial
(§ 630.20(b)(9)) (explain below or on attached page or pages):
3.
If the request is not made within the time required under Cal. Rules of Court, rule 3.1546, describe the good cause for late filing:
Check here if you need more space to describe the good cause for the request, or for delay, and attach a separate page or
pages describing it. At the top of each page, write “EJT-003, item 2b” or “EJT-003, item 3,” as applicable.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF ATTORNEY OR PARTY WITHOUT ATTORNEY)
Page 1 of 2
REQUEST TO OPT OUT OF MANDATORY
Code of Civil Procedure, § 630.20
Form Adopted for Mandatory Use
Cal. Rules of Court, rule 3.1546
Judicial Council of California
EXPEDITED JURY TRIAL PROCEDURES
www.courts.ca.gov
EJT-003 [New July 1, 2016]
EJT-003
STATE BAR NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
OTHER:
CASE NUMBER:
REQUEST TO OPT OUT OF MANDATORY
EXPEDITED JURY TRIAL PROCEDURES
See instructions on back.
1.
(Name of party):
requests to opt out of the mandatory expedited jury trial procedures
in this case because it meets one of the criteria set forth in Code of Civil Procedure section 630.20(b).
2.
The ground for asking to opt out is (check one or more of the following grounds from Code of Civil Procedure section 630.20(b)):
a.
Grounds on which a party may choose to opt out of an expedited jury trial.
(1)
Punitive damages are sought in the case. (§ 630.20(b)(1).)
(2)
Damages in excess of insurance policy limits are sought in the case. (§ 630.20(b)(2).)
(3)
A party's insurer is providing a legal defense subject to a reservation of rights. (§ 630.20(b)(3).)
(4)
The case involves a claim reportable to a governmental entity. (§ 630.20(b)(4).)
(5)
The case involves a claim of moral turpitude that may affect an individual's professional license. (§ 630.20(b)(5).)
(Identify the individual and the license):
(6)
The case involves claims of intentional conduct. (§ 630.20(b)(6).)
(7)
The case has been reclassified as unlimited pursuant to Code of Civil Procedure section 403.020. (§ 630.20(b)(7).)
(8)
The complaint contains a demand for attorney's fees other than fees sought under Civil Code section 1717.
(§ 630.20(b)(8).) (A complaint seeking attorney's fees provided for in a contract is not exempt.)
b.
Ground on which the judge must make a finding. (Note that good cause includes, but is not limited to, a showing that a party
needs more than five hours to present or defend the action and the parties have been unable to stipulate to additional time.)
Good cause exists (other than one of the grounds listed above) for not proceeding as an expedited jury trial
(§ 630.20(b)(9)) (explain below or on attached page or pages):
3.
If the request is not made within the time required under Cal. Rules of Court, rule 3.1546, describe the good cause for late filing:
Check here if you need more space to describe the good cause for the request, or for delay, and attach a separate page or
pages describing it. At the top of each page, write “EJT-003, item 2b” or “EJT-003, item 3,” as applicable.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF ATTORNEY OR PARTY WITHOUT ATTORNEY)
Page 1 of 2
REQUEST TO OPT OUT OF MANDATORY
Code of Civil Procedure, § 630.20
Form Adopted for Mandatory Use
Cal. Rules of Court, rule 3.1546
Judicial Council of California
EXPEDITED JURY TRIAL PROCEDURES
www.courts.ca.gov
EJT-003 [New July 1, 2016]
EJT-003
—INSTRUCTIONS—
1.
This form is to be used by any party in a limited civil action seeking to opt out of the mandatory expedited jury trial procedures set
out in Code of Civil Procedure sections 630.20–630.29. Those procedures are also described in the Expedited Jury Trial
Information Sheet (form EJT-001-INFO).
2.
The law provides that mandatory expedited jury trial procedures apply to all limited civil cases (except for unlawful detainer or
eviction cases), unless the case meets one of the criteria set out in Code of Civil Procedure section 630.20(b). Those are listed on
the front of this form, at items 2a–2i. If a case fits into one of those criteria, either party may ask to opt out of the mandatory
expedited jury trial procedures.
3
If you want to opt out: If you believe the case meets one of the criteria listed in item 2 and you want to opt out of the expedited
jury trial procedures, fill out this form, serve a copy on all other parties in the case, and file the original with the court along with a
proof of service (you can use form POS-040 for this). The form should be served and filed at least 45 days before the date first set
for trial. If you have good cause for filing it later, explain that in item 3.
4.
Documentation not required: It is not necessary to submit documentary evidence with this application, which is based on
statements being made under penalty of perjury. You may submit such evidence if you believe it to be necessary or appropriate.
5.
If you receive a copy of this form: If you disagree that the the case meets any of the criteria listed in item 2, you can object. To
do that, fill out the Objection to Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-004), serve a copy on
all other parties in the case, and file the original with the court along with a proof of service (you can use form POS-040 for this).
You must file the objection within 15 days of the date the request was served on you.
6.
Court action: After the court has reviewed the request and any objection that has been filed within 15 days, the court will issue an
order that will do one of the following:
a. grant the request,
b. deny the request, or
c. set a hearing to hear further from the parties.
7.
Criteria For Opt-Out No Longer Applicable: Parties should be aware that they are to promptly inform the court if the
ground or grounds which supported the opt out of this case from Mandatory EJT are no longer applicable, and the court
may require the case be tried as an expedited jury trial.
REQUEST TO OPT OUT OF MANDATORY
Page 2 of 2
EJT-003 [New July 1, 2016]
EXPEDITED JURY TRIAL PROCEDURES
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