SECTIONS 607-619 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 607-619

607. When the jury has been sworn, the trial must proceed in the
following order, unless the court, for special reasons otherwise
directs:
1. The plaintiff may state the issue and his case;
2. The defendant may then state his defense, if he so wishes, or
wait until after plaintiff has produced his evidence;
3. The plaintiff must then produce the evidence on his part;
4. The defendant may then open his defense, if he has not done so
previously;
5. The defendant may then produce the evidence on his part;
6. The parties may then respectively offer rebutting evidence
only, unless the court, for good reason, in furtherance of justice,
permit them to offer evidence upon their original case;
7. When the evidence is concluded, unless the case is submitted to
the jury on either side or on both sides without argument, the
plaintiff must commence and may conclude the argument;
8. If several defendants having separate defenses, appear by
different counsel, the court must determine their relative order in
the evidence and argument;
9. The court may then charge the jury.

607a. In every case which is being tried before the court with a
jury, it shall be the duty of counsel for the respective parties,
before the first witness is sworn, to deliver to the judge presiding
at the trial and serve upon opposing counsel, all proposed
instructions to the jury covering the law as disclosed by the
pleadings. Thereafter, and before the commencement of the argument,
counsel may deliver to such judge, and serve upon opposing counsel,
additional proposed instructions to the jury upon questions of law
developed by the evidence and not disclosed by the pleadings. All
proposed instructions shall be typewritten, each on a separate sheet
of paper. Before the commencement of the argument, the court, on
request of counsel, must: (1) decide whether to give, refuse, or
modify the proposed instructions; (2) decide which instructions shall
be given in addition to those proposed, if any; and (3) advise
counsel of all instructions to be given. However, if, during the
argument, issues are raised which have not been covered by
instructions given or refused, the court may, on request of counsel,
give additional instructions on the subject matter thereof.

608. In charging the jury the Court may state to them all matters
of law which it thinks necessary for their information in giving
their verdict; and, if it state the testimony of the case, it must
inform the jury that they are the exclusive judges of all questions
of fact. The Court must furnish to either party, at the time, upon
request, a statement in writing of the points of law contained in the
charge, or sign, at the time, a statement of such points prepared
and submitted by the counsel of either party.

609. Where either party asks special instructions to be given to
the jury, the Court must either give such instruction, as requested,
or refuse to do so, or give the instruction with a modification, in
such manner that it may distinctly appear what instructions were
given in whole or in part.

611. If the jury are permitted to separate, either during the trial
or after the case is submitted to them, they shall be admonished by
the Court that it is their duty not to converse with, or suffer
themselves to be addressed by any other person, on any subject of the
trial, and that it is their duty not to form or express an opinion
thereon until the case is finally submitted to them.

612. Upon retiring for deliberation the jury may take with them all
papers which have been received as evidence in the cause, except
depositions, or copies of such papers as ought not, in the opinion of
the court, to be taken from the person having them in possession;
and they may also take with them any exhibits which the court may
deem proper, notes of the testimony or other proceedings on the
trial, taken by themselves or any of them, but none taken by any
other person.

612.5. Upon the jury retiring for deliberation, the court shall
advise the jury of the availability of a written copy of the jury
instructions. The court may, at its discretion, provide the jury with
a copy of the written instructions given. However, if the jury
requests the court to supply a copy of the written instructions, the
court shall supply the jury with a copy.

613. When the case is finally submitted to the jury, they may
decide in Court or retire for deliberation; if they retire, they must
be kept together, in some convenient place, under charge of an
officer, until at least three-fourths of them agree upon a verdict or
are discharged by the Court. Unless by order of the Court, the
officer having them under his charge must not suffer any
communication to be made to them, or make any himself, except to ask
them if they or three-fourths of them are agreed upon a verdict, and
he must not, before their verdict is rendered, communicate to any
person the state of their deliberations, or the verdict agreed upon.

614. After the jury have retired for deliberation, if there be a
disagreement between them as to any part of the testimony, or if they
desire to be informed of any point of law arising in the cause, they
may require the officer to conduct them into Court. Upon their being
brought into Court, the information required must be given in the
presence of, or after notice to, the parties or counsel.

614.5. Except for good cause shown, the judge in his or her
discretion need not be present in the court while testimony
previously received in evidence is read to the jury.

616. In all cases where the jury are discharged without having
rendered a verdict, or are prevented from giving a verdict, by reason
of accident or other cause, during the progress of the trial, or
after the cause is submitted to them, except as provided in Section
630, the action may be again tried immediately, or at a future time,
as the court may direct.

617. While the jury are absent the Court may adjourn from time to
time, in respect to other business; but it is nevertheless open for
every purpose connected with the cause submitted to the jury, until a
verdict is rendered or the jury discharged. The Court may direct the
jury to bring in a sealed verdict, at the opening of the Court, in
case of an agreement during a recess or adjournment for the day.

618. When the jury, or three-fourths of them, have agreed upon a
verdict, they must be conducted into court and the verdict rendered
by their foreperson. The verdict must be in writing, signed by the
foreperson, and must be read to the jury by the clerk, and the
inquiry made whether it is their verdict. Either party may require
the jury to be polled, which is done by the court or clerk, asking
each juror if it is the juror's verdict. If upon inquiry or polling,
more than one-fourth of the jurors disagree thereto, the jury must be
sent out again, but if no disagreement is expressed, the verdict is
complete and the jury discharged from the case.

619. When the verdict is announced, if it is informal or
insufficient, in not covering the issue submitted, it may be
corrected by the jury under the advice of the Court, or the jury may
be again sent out.