§ 630.03.Agreement to Participate
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 4.5. Voluntary Expedited Jury Trials · Last amended 2016 · Last verified July 28, 2026
Full Text of § 630.03
Plain-English Summary
An expedited jury trial starts with a proposed consent order that every participating party, and any represented party's counsel, must sign. The agreement can only be reached after a dispute has already arisen and a lawsuit has been filed — it isn't a pre-dispute waiver built into a contract.
Once signed, the agreement binds the parties unless everyone stipulates to end it, or the court, on its own motion or a party's noticed motion, finds good cause for the case not to proceed under this chapter. Two categories of litigants get an extra layer of protection: a self-represented party, and a minor, incompetent person, or person with a conservator. For them, the court itself must approve the expedited process and any high/low agreement or related stipulation, rather than leaving it purely to the parties.
Subdivision (e) lists what the proposed consent order has to contain — a statement that every named party and any responsible insurer has been informed of the process and received the Judicial Council's information sheet, and the parties' agreement to waive appeal and most post-trial motions except as §§ 630.08 and 630.09 allow, to cap each side at five hours for voir dire and its case, to use a jury of eight or fewer with no alternates, and to limit peremptory challenges to three per side (subject to § 630.04's rule for cases with more than two sides). The court issues the consent order as proposed unless it finds good cause the case shouldn't proceed this way — in which case it denies the whole order, not just part of it.
Frequently Asked Questions
When can parties agree to an expedited jury trial?
Only after a dispute has arisen and an action has been filed — this chapter doesn't apply to a pre-dispute waiver written into a contract.
Can a party back out of an expedited jury trial agreement?
Only if all parties stipulate to end it, or the court finds good cause for the case not to proceed under this chapter, either on its own motion or a party's noticed motion.
Does the court have to approve every expedited jury trial agreement?
The court must specifically approve the process, and any high/low agreement, whenever a self-represented litigant, a minor, an incompetent person, or a person with a conservator is involved.
What must the proposed consent order include?
A statement that the parties and any responsible insurer were informed of the process, plus the parties' agreement to waive most appeal and post-trial rights, cap voir dire and case presentation at five hours per side, use a jury of eight or fewer, and limit peremptory challenges to three per side.
What happens if the court finds good cause not to proceed with the expedited trial?
The court denies the proposed consent order in its entirety rather than approving part of it.
Amendment History
Amended by Stats 2015 ch 330 (AB 555),s 2, eff. 1/1/2016. Added by Stats 2010 ch 674 (AB 2284),s 2, eff. 1/1/2011.