LA courts ramp up in-person civil jury trials

As Los Angeles County Superior Court ramps up in-person civil jury trials, it will use a new case coordination system designed to promote social distancing, the presiding judge announced Thursday.

Effective immediately, Judge David J. Cowan's courtroom at the Stanley Mosk Courthouse will serve as the central location for countywide coordination of all civil jury trials, Presiding Judge Eric C. Taylor announced.

"These new coordinated procedures seek to ensure that courthouses, as well as hallways within our courthouses, do not become overcrowded," Taylor said. "A civil courtroom may be next door to a courtroom holding a criminal trial -- and therefore we need to carefully regulate the scheduling of jury trials consistent with social distancing. The court has a limited number of courtrooms large enough to accommodate jury trials and we need to assess the availability of jurors."

Earlier this year, Taylor created a special civil jury trial committee, chaired by Cowan and including several judicial officers, to determine how best to roll out civil jury trials amid the seemingly subsiding pandemic. Based on the committee's recommendations, Taylor laid out several factors each judge must now address before a civil case is deemed ready for a courtroom trial and jurors are called.

First, judges will submit a trial form including, among other things, the number of people expected to be in the courtroom, the desired trial start date and whether the case is entitled to preference. Preference trials are those nearing the five-year statute of limitations or involving special circumstances warranting consideration for priority, according to Thursday's announcement.

Lawyers may provide input to the assigned judge completing the civil trial form. However the judge must address a number of factors before the trial can be deemed ready for a courtroom.

A mandatory settlement conference or mediation must have been held within the last 90 days. A judge must also determine whether parties are willing to agree to a jury of fewer than 12 persons, or a bench trial of some or all the issues -- avoiding a jury trial altogether -- and whether any witnesses can testify remotely.

"I want to thank the civil bar and litigants for their patience as we implement our responsible resumption of civil jury trials in the wake of the winter COVID-19 surge and understanding the need to carefully regulate and prioritize which civil jury trials are ready to proceed," Taylor said. "We will all work together, recognizing our duty to more fully address the needs of our communities through the safe and deliberate expansion of access to justice for Angelenos who rely on the court to resolve their disputes fairly and impartially."