California Appellate Tracker

Stueve v. Buchalter Nemer

January 30, 2017

For purposes of the five-year deadline for bringing a civil case to trial, trial “commences” when a jury is impaneled and sworn—even if the voir dire is not concluded within the five-year period.

Trial commences for purposes of the five-year deadline for bringing a civil case to trial when a jury is impaneled and sworn. This decision holds that those requirements are met and trial has commenced when a panel of potential jurors has been seated and sworn to truthfully answer voir dire questions. It is not necessary for voir dire to be concluded within the five years and for the jurors then to be sworn to try the case faithfully.

California Court of Appeal, Fourth District, Division 3 (Moore, Acting P.J.); January 18, 2017; 2017 WL 192727

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Stueve v. Buchalter Nemer

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