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).)
BECOME A FORECITE SUBSCRIBER!!
Contact: James Publishing
3505 Cadillac Avenue, Suite P-101
Costa Mesa, CA 92626
https://www.jamespublishing.com/order.aspx
Phone(866) 72-JAMES
Fax (714) 751-2709
BECOME A FORECITE CONTRIBUTOR !!
FAX: (707) 538-0125
e-mail: tlundy@juryinstruction.com
If you’ve had success with a particular FORECITE instruction or issue, please let us know,
and we will put it in the newsletter so others can benefit from your experience.
We also invite you to become a FORECITE contributor.
Please send us any instructions, briefs, motions, etc.
that you feel would benefit other criminal defense practitioners.