California Jury Health
Return to Jury Health Project main page.
Trial by jury is an inviolate right and shall be secured to all, but in a civil cause three-fourths of the jury may render a verdict. A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant's counsel. In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute.
In civil causes the jury shall consist of 12 persons or a lesser number agreed on by the parties in open court. In civil causes other than causes within the appellate jurisdiction of the court of appeal the Legislature may provide that the jury shall consist of eight persons or a lesser number agreed on by the parties in open court.
In criminal actions in which a felony is charged, the jury shall consist of 12 persons. In criminal actions in which a misdemeanor is charged, the jury shall consist of 12 persons or a lesser number agreed on by the parties in open court.
—Constitution of the State of California 1879 Declaration of Rights; Article 1, Section 16
Legal Resources
- Constitution: Constitution of the State of California 1879
- Code/Statutes: California Code
- Legislature: California Legislative Information
- Judiciary: California Judicial Branch
- U.S. District Courts: Central District of California, Eastern District of California, Northern District of California, Southern District of California
- Rules of Criminal Procedure:
- Rules of Civil Procedure:
California Jury News
San Francisco District Attorney Chesa Boudin reportedly seeks to speed up processing of the backlog of cases by having grand juries indict—a secret process from which defendants are excluded in California—instead of bringing accused persons to trial via a direct filing—a process in which defendants and their attorneys participate in a preliminary hearing.
Effective immediately, all criminal jury trials in Humboldt Superior Court scheduled to start on or before January 19 are canceled and will be rescheduled.
View more California jury-related news.
