Short cause: Difference between revisions
Content deleted Content added
→Example: California: Rule 3.735 amended and renumbered effective January 1, 2007; adopted as rule 214 effective July 1, 2002. |
→top: ce lead, add wikilink, rm context tag |
||
| (13 intermediate revisions by 10 users not shown) | |||
| Line 1: | Line 1: | ||
If the parties to a case anticipate that it will not take up a significant amount of time, they may apply for the court to designate it as a '''short cause'''. Cases on the "short cause" calendar will get priority since they will not tie up a courtroom for a long time. |
If the parties to a [[legal case]] anticipate that it will not take up a significant amount of time, they may apply for the court to designate it as a '''short cause'''.<ref>{{cite book |last1=Lehman |first1=Jeffrey |last2=Phelps |first2=Shirelle |title=West's Encyclopedia of American Law, Vol. 9 | edition=2 |date=2005 |publisher=Thomson/Gale |location=Detroit |isbn=9780787663742 |page=181}}</ref> Cases on the "short cause" calendar will get priority since they will not tie up a courtroom for a long time. |
||
The time permitted for a short cause varies from one court to another, but usually will not exceed one day. Other traits include, e.g., usually no jury is used. |
The time permitted for a short cause varies from one court to another, but usually will not exceed one day. Other traits include, e.g., usually no [[jury]] is used. |
||
If a "short cause" lasts beyond its designated time limit, the judge may declare a mistrial and reset the case to be held later as a "[[long cause]]." |
If a "short cause" lasts beyond its designated time limit, the judge may declare a mistrial and reset the case to be held later as a "[[long cause]]." |
||
== |
==California== |
||
California's Rules of Court provide:<ref>{{cite web |title=Rule 3.735. Management of short cause cases |url=https://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_735 |website=California Rules of Court |publisher=California Courts |access-date=22 November 2021}}</ref> |
|||
According to the [http://www.courtinfo.ca.gov/rules/index.cfm?title=three&linkid=rule3_735 2010 California Rules of Court]: |
|||
{{quotation| |
{{quotation| |
||
Rule 3.735. Management of short cause cases |
Rule 3.735. Management of short cause cases |
||
:(a) Short cause case defined |
:(a) Short cause case defined |
||
::A short cause case is a civil case in which the time estimated for trial by all parties or the court is five hours or less. All other civil cases are long cause cases. |
::A short cause case is a civil case in which the time estimated for trial by all parties or the court is five hours or less. All other civil cases are long cause cases. |
||
::(Subd (a) amended effective January 1, 2007.) |
::(Subd (a) amended effective January 1, 2007.) |
||
:(b) Exemption for short cause case and setting of case for trial |
:(b) Exemption for short cause case and setting of case for trial |
||
::The court may order, upon the stipulation of all parties or the court's own motion, that a case is a short cause case exempted from the requirements of case management review and set the case for trial. |
::The court may order, upon the stipulation of all parties or the court's own motion, that a case is a short cause case exempted from the requirements of case management review and set the case for trial. |
||
:(c) Mistrial |
:(c) [[Mistrial]] |
||
::If a short cause case is not completely tried within five hours, the judge may declare a mistrial or, in the judge's discretion, may complete the trial. In the event of a mistrial, the case will be treated as a long cause case and must promptly be set either for a new trial or for a case management conference. |
::If a short cause case is not completely tried within five hours, the judge may declare a mistrial or, in the judge's discretion, may complete the trial. In the event of a mistrial, the case will be treated as a long cause case and must promptly be set either for a new trial or for a case management conference. |
||
Rule 3.735 amended and renumbered effective January 1, 2007; adopted as rule 214 effective July 1, 2002. |
Rule 3.735 amended and renumbered effective January 1, 2007; adopted as rule 214 effective July 1, 2002. |
||
| Line 21: | Line 20: | ||
==See also== |
==See also== |
||
*[[Law and motion calendar]] |
|||
*[[Long cause]] |
*[[Long cause]] |
||
==References== |
|||
{{reflist}} |
|||
[[Category:Legal terminology]] |
|||
Latest revision as of 23:28, 5 April 2022
If the parties to a legal case anticipate that it will not take up a significant amount of time, they may apply for the court to designate it as a short cause.[1] Cases on the "short cause" calendar will get priority since they will not tie up a courtroom for a long time.
The time permitted for a short cause varies from one court to another, but usually will not exceed one day. Other traits include, e.g., usually no jury is used.
If a "short cause" lasts beyond its designated time limit, the judge may declare a mistrial and reset the case to be held later as a "long cause."
California
[edit]California's Rules of Court provide:[2]
Rule 3.735. Management of short cause cases
- (a) Short cause case defined
- A short cause case is a civil case in which the time estimated for trial by all parties or the court is five hours or less. All other civil cases are long cause cases.
- (Subd (a) amended effective January 1, 2007.)
- (b) Exemption for short cause case and setting of case for trial
- The court may order, upon the stipulation of all parties or the court's own motion, that a case is a short cause case exempted from the requirements of case management review and set the case for trial.
- (c) Mistrial
- If a short cause case is not completely tried within five hours, the judge may declare a mistrial or, in the judge's discretion, may complete the trial. In the event of a mistrial, the case will be treated as a long cause case and must promptly be set either for a new trial or for a case management conference.
Rule 3.735 amended and renumbered effective January 1, 2007; adopted as rule 214 effective July 1, 2002.
See also
[edit]References
[edit]- ^ Lehman, Jeffrey; Phelps, Shirelle (2005). West's Encyclopedia of American Law, Vol. 9 (2 ed.). Detroit: Thomson/Gale. p. 181. ISBN 9780787663742.
- ^ "Rule 3.735. Management of short cause cases". California Rules of Court. California Courts. Retrieved 22 November 2021.