ТОП просматриваемых книг сайта:
California Code of Civil Procedure. California
Читать онлайн.Название California Code of Civil Procedure
Год выпуска 0
isbn 9785392105359
Автор произведения California
Жанр Юриспруденция, право
Издательство Проспект
In civil cases, the court may, upon stipulation by counsel for all the parties appearing in the action, permit counsel to examine the prospective jurors outside a judge’s presence.
(Amended by Stats. 2011, Ch. 409, Sec. 1. Effective January 1, 2012.)
223. In a criminal case, the court shall conduct an initial examination of prospective jurors. The court may submit to the prospective jurors additional questions requested by the parties as it deems proper. Upon completion of the court’s initial examination, counsel for each party shall have the right to examine, by oral and direct questioning, any or all of the prospective jurors. The court may, in the exercise of its discretion, limit the oral and direct questioning of prospective jurors by counsel. The court may specify the maximum amount of time that counsel for each party may question an individual juror, or may specify an aggregate amount of time for each party, which can then be allocated among the prospective jurors by counsel. Voir dire of any prospective jurors shall, where practicable, occur in the presence of the other jurors in all criminal cases, including death penalty cases. Examination of prospective jurors shall be conducted only in aid of the exercise of challenges for cause.
The trial court’s exercise of its discretion in the manner in which voir dire is conducted, including any limitation on the time which will be allowed for direct questioning of prospective jurors by counsel and any determination that a question is not in aid of the exercise of challenges for cause, shall not cause any conviction to be reversed unless the exercise of that discretion has resulted in a miscarriage of justice, as specified in Section 13 of Article VI of the California Constitution.
(Amended by Stats. 2000, Ch. 192, Sec. 1. Effective January 1, 2001. Note: This section was added on June 5, 1990, by initiative Prop. 115 (the Crime Victims Justice Reform Act).)
224. (a) If a party does not cause the removal by challenge of an individual juror who is deaf, hearing impaired, blind, visually impaired, or speech impaired and who requires auxiliary services to facilitate communication, the party shall (1) stipulate to the presence of a service provider in the jury room during jury deliberations, and (2) prepare and deliver to the court proposed jury instructions to the service provider.
(b) As used in this section, “service provider” includes, but is not limited to, a person who is a sign language interpreter, oral interpreter, deaf-blind interpreter, reader, or speech interpreter. If auxiliary services are required during the course of jury deliberations, the court shall instruct the jury and the service provider that the service provider for the juror with a disability is not to participate in the jury’s deliberations in any manner except to facilitate communication between the juror with a disability and other jurors.
(c) The court shall appoint a service provider whose services are needed by a juror with a disability to facilitate communication or participation. A sign language interpreter, oral interpreter, or deaf-blind interpreter appointed pursuant to this section shall be a qualified interpreter, as defined in subdivision (f) of Section 754 of the Evidence Code. Service providers appointed by the court under this subdivision shall be compensated in the same manner as provided in subdivision (i) of Section 754 of the Evidence Code.
(Amended by Stats. 1993, Ch. 1214, Sec. 3. Effective January 1, 1994.)
225. A challenge is an objection made to the trial jurors that may be taken by any party to the action, and is of the following classes and types:
(a) A challenge to the trial jury panel for cause.
(1) A challenge to the panel may only be taken before a trial jury is sworn. The challenge shall be reduced to writing, and shall plainly and distinctly state the facts constituting the ground of challenge.
(2) Reasonable notice of the challenge to the jury panel shall be given to all parties and to the jury commissioner, by service of a copy thereof.
(3) The jury commissioner shall be permitted the services of legal counsel in connection with challenges to the jury panel.
(b) A challenge to a prospective juror by either:
(1) A challenge for cause, for one of the following reasons:
(A) General disqualification — that the juror is disqualified from serving in the action on trial.
(B) Implied bias — as, when the existence of the facts as ascertained, in judgment of law disqualifies the juror.
(C) Actual bias — the existence of a state of mind on the part of the juror in reference to the case, or to any of the parties, which will prevent the juror from acting with entire impartiality, and without prejudice to the substantial rights of any party.
(2) A peremptory challenge to a prospective juror.
(Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
226. (a) A challenge to an individual juror may only be made before the jury is sworn.
(b) A challenge to an individual juror may be taken orally or may be made in writing, but no reason need be given for a peremptory challenge, and the court shall exclude any juror challenged peremptorily.
(c) All challenges for cause shall be exercised before any peremptory challenges may be exercised.
(d) All challenges to an individual juror, except a peremptory challenge, shall be taken, first by the defendants, and then by the people or plaintiffs.
(Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
227. The challenges of either party for cause need not all be taken at once, but they may be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class and type:
(a) To the panel.
(b) To an individual juror, for a general disqualification.
(c) To an individual juror, for an implied bias.
(d) To an individual juror, for an actual bias.
(Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)
228. Challenges for general disqualification may be taken on one or both of the following grounds, and for no other:
(a) A want of any of the qualifications prescribed by this code to render a person competent as a juror.
(b) The existence of any incapacity which satisfies the court that the challenged person is incapable of performing the duties of a juror in the particular action without prejudice to the substantial rights of the challenging party.
(Amended by Stats. 2002, Ch. 1008, Sec. 1. Effective January 1, 2003.)
229. A challenge for implied bias may be taken for one or more of the following causes, and for no other:
(a) Consanguinity or affinity within the fourth degree to any party, to an officer of a corporation which is a party, or to any alleged witness or victim in the case at bar.
(b) Standing in the relation of, or being the parent, spouse, or child of one who stands in the relation of, guardian and ward, conservator and conservatee, master and servant, employer and clerk, landlord and tenant, principal and agent, or debtor and creditor, to either party or to an officer of a corporation which is a party, or being a member of the family of either party; or a partner in business with either party; or surety on any bond or obligation for either party, or being the holder of bonds or shares of capital stock of a corporation which is a party; or having stood within one year previous to the filing of the complaint in the action in the relation of attorney and client with either party or with the attorney for either party. A depositor of a bank or a holder of a savings account in a savings and loan association shall not be deemed a creditor of that bank or savings and loan association for the purpose of this paragraph solely by reason of his or her being a depositor or account holder.
(c) Having served as a trial or grand juror or