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§ 630.09 (a) By agreeing to participate in the expedited jury trial process, the parties agree to waive the right to bring post-trial motions or to appeal from…

Part 2: Of Civil Actions | Title 8: Of the Trial and Judgment in Civil Actions | Chapter 4.5: Voluntary Expedited Jury Trials

(a)  By agreeing to participate in the expedited jury trial process, the parties agree to waive the right to bring post-trial motions or to appeal from the determination of the matter, except as provided in this section. The only grounds on which a party may move for a new trial or appeal are any of the following:

(1)  Judicial misconduct that materially affected the substantial rights of a party.

(2)  Misconduct of the jury.

(3)  Corruption, fraud, or other undue means employed in the proceedings of the court, jury, or adverse party that prevented a party from having a fair trial.

(b)  Within 10 court days of the entry of a jury verdict, a party may file with the clerk and serve on each adverse party a notice of the intention to move for a new trial on any of the grounds specified in subdivision (a). The notice shall be deemed to be a motion for a new trial.

(c)  Except as provided in subdivision (b), parties to an expedited jury trial shall not make any post-trial motions except for motions relating to costs and attorney’s fees, motions to correct a judgment for clerical error, and motions to enforce a judgment.

(d)  Before filing an appeal, a party shall make a motion for a new trial under subdivision (b). If the motion for a new trial is denied, the party may appeal the judgment to the appropriate court with appellate jurisdiction and seek a new trial on any of the grounds specified in subdivision (a). Parties to an expedited jury trial may not appeal on any other ground.

Amendment history: Added by Stats. 2010, Ch. 674, Sec. 2. (AB 2284) Effective January 1, 2011.