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NEW AND REVISED CALIFORNIA RULES OF COURT
Relevant To Jury Instructions

Substantial changes were made to the California Rules of Court Effective January 1, 2007. First, they were reorganized and renumbered. Second, a number of new rules were adopted which have specific relevance to jury instructions and related procedures.

Reorganization and Renumbering.  The California Rules of Court were reorganized and renumbered, effective January 1, 2007.  The purpose of the reorganization was to improve their “format and usability.”

Conversion tables are available at www.courtinfo.ca.gov/rules

            The new numbering is as follows:

            Title One. Rules Applicable to All Courts (Rules 1.1 – 1.150)

            Title Two. Trial Court Rules (Rules 2.1 – 2.1100)

            Title Three. Civil Rules (Rules 3.1 – 3.2120)

            Title Four. Criminal Rules (Rules 4.1 – 4.601)

            Title Five. Family and Juvenile Rules (Rules 5.1 – 5.830)

            Title Six. [Reserved]      PDF

            Title Seven. Probate Rules (Rules 7.1 – 7.1060)

            Title Eight. Appellate Rules (Rules 8.1 – 8.1125)

            Title Nine. Rules on Law Practice, Attorneys, and Judges (Rules 9.1 – 9.61)

            Title Ten. Judicial Administration Rules (Rules 10.1 – 10.1030)

            Standards of Judicial Administration (Standards 2.1 – 10.80)

            Code of Judicial Ethics

            Ethics Standards for Neutral Arbitrators in Contractual Arbitration

            Appendix A: Judicial Council Legal Forms List

            Appendix B: Liability Limits of a Parent or Guardian Having Custody and Control of a Minor for the Torts of a Minor

            Appendix C: Guidelines for the Operation of Family Law Information Centers and Family Law Facilitator Offices

New Rules Relevant To Jury Instructions.  Several new rules relevant to jury instructions were promulgated effective 1/1/2007.   These rules, with relevant FORECITE links include the following:

2.1031  Juror Note Taking.  See FORECITE F 102 Note 4; F 1.05.

2.1033  Juror Questions.  See FORECITE F 106.

2.1034  Statements To The Jury Panel.  See FORECITE F 100, F 0.25.

2.1035  Preinstruction.  See FORECITE F 101, F 0.50.

2.1036  Assisting The Jury At Impasse.   See FORECITE PG IX(J)(15).

CAVEAT: Some of these rules conflict with existing law.  For example, Rule 2.1035 makes preinstruction discretionary while PC 1122(a) makes it mandatory. Also, some of the rules are inaccurate or incomplete.  (See e.g., FORECITE PG IX(J)(15) discussing Rule 2.1036.)  In such cases, it is important to bear in mind that Rules of Court cannot supercede case law, state statutory enactments and constitutional law, or the federal constitution.  (See FORECITE PG I(H)(8).)


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