(a) Pretrial procedures The pretrial procedures for limited civil actions set out in Code of Civil Procedure sections 90–100 are applicable to all cases with mandatory expedited jury trials. The statutory procedures include limited discovery, optional case questionnaires, optional requests for pretrial statements identifying trial witnesses and exhibits, and the possibility of presenting testimony in the form of affidavits or declarations.
Rule 3.1546.Pretrial procedures for mandatory expedited jury trials
Division 15. Trial · Chapter 4.5. Expedited Jury Trials · Article 2. Rules Applicable Only to Cases with Mandatory Expedited Jury Trials · Last amended 2017 · Last verified July 29, 2026
In one sentenceRule 3.1546 applies the limited civil action pretrial procedures of Code of Civil Procedure sections 90 through 100 and the Division 7 case management rules to every mandatory expedited jury trial case, sets the deadlines and forms for opting out of the mandatory track, and lets parties agree to their own streamlined pretrial and trial procedures.
Full Text of Rule 3.1546
(c) Opting out of mandatory expedited jury trial procedures
(1) Parties seeking to opt out of mandatory expedited jury trial procedures on grounds stated in Code of Civil Procedure section 630.20(b) must file a Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-003).
(2) Except on a showing of good cause, the request to opt out must be served and filed at least 45 days before the date first set for trial or, in cases in which the date first set for trial occurred before July 1, 2016, 45 days before the first trial date after July 1, 2016.
(3) Except on a showing of good cause, any objection to the request must be served and filed within 15 days after the date of service of the request, on an Objection to Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-004).
(4) If the grounds on which a party or parties have opted out of mandatory expedited jury trial procedures no longer apply to a case, the parties must promptly inform the court, and the case may be tried as a mandatory expedited jury trial. (Subd (c) amended effective September 1, 2017.)
(d) Agreements regarding pretrial and trial procedures Parties are encouraged to agree to procedures or limitations on pretrial procedures and on presentation of information at trial that could streamline the case, including but not limited to those items described in rule 3.1547(b). The parties may use Agreement of Parties (Mandatory Expedited Jury Trial Procedures) (form EJT-018) and the attachment (form EJT-022A) to describe such agreements.
Plain-English Summary
Cases assigned to the mandatory expedited jury trial track are, by definition, limited civil cases — smaller-dollar disputes that already follow a simplified pretrial process. Rule 3.1546(a) confirms that those existing limited civil action procedures under Code of Civil Procedure sections 90 through 100 keep applying: capped discovery, optional case questionnaires, optional pretrial witness and exhibit statements, and the option to present testimony by affidavit or declaration instead of live examination. Rule 3.1546(b) layers the standard Division 7 case management rules on top, except where local rules for limited civil cases have modified them.
Not every case that lands on the mandatory track has to stay there. Rule 3.1546(c) gives a party grounds to opt out under the statutory criteria in Code of Civil Procedure section 630.20(b), using a Judicial Council form, and generally requires that request at least 45 days before trial. Any objection to the opt-out request follows on its own 15-day clock, using a separate objection form. If the reason a party opted out later stops applying, the rule requires the parties to tell the court so the case can go back to being tried as a mandatory expedited jury trial.
Rule 3.1546(d) closes by encouraging the parties to agree on their own streamlining measures for pretrial and trial procedure, cross-referencing the kinds of agreements listed for voluntary expedited trials in Rule 3.1547(b) and pointing to a Judicial Council form built for documenting those agreements. Even on the mandatory track, the rule leaves room for the parties to shape the process by consent.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
Because Code of Civil Procedure section 630.20, which becomes operative July 1, 2016, applies to cases already on file and possibly already set for trial, as well as cases filed after the statutory provisions go into effect, the deadlines in rule 3.1546(c) for opt outs and objections may be problematic as applied to cases set for trial within the first couple of months after the rule goes into effect. It is expected that the good cause provisions within the rules regarding deadlines, along with judicious use of continuances as appropriate, will be liberally used to permit courts to manage those cases fairly, appropriately, and efficiently.
Frequently Asked Questions
What pretrial procedures apply to a mandatory expedited jury trial in California?
The limited civil action procedures in Code of Civil Procedure sections 90 through 100, plus the Division 7 case management rules, under Rule 3.1546(a) and (b), except where modified by local rules for limited civil cases.
How does a party opt out of a mandatory expedited jury trial?
By filing a Request to Opt Out of Mandatory Expedited Jury Trial Procedures, form EJT-003, generally at least 45 days before trial, on the grounds stated in Code of Civil Procedure section 630.20(b). Rule 3.1546(c).
How long does another party have to object to an opt-out request?
15 days after service of the request, using form EJT-004, absent a showing of good cause for a different timeline. Rule 3.1546(c)(3).
Can parties in a mandatory expedited jury trial agree to their own procedures?
Yes. Rule 3.1546(d) encourages agreements streamlining pretrial and trial procedure, similar to those listed for voluntary expedited trials in Rule 3.1547(b), and offers a Judicial Council form to document them.
Amendment History
Rule 3.1546 amended effective September 1, 2017; adopted effective July 1, 2016.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: opt out of mandatory expedited jury trial CaliforniaEJT-003 form Californialimited civil case expedited jury trial procedures