Rule 2.1010. Juror motion to set aside sanctions imposed by default

(a) Motion A prospective juror against whom sanctions have been imposed by default under Code of Civil Procedure section 209 may move to set aside the default. The motion must be brought no later than 60 days after sanctions have been imposed.

(b) Contents of motion A motion to set aside sanctions imposed by default must contain a short and concise statement of the reasons the prospective juror was not able to attend when summoned for jury duty and any supporting documentation.

(c) Judicial Council form may be used A motion to set aside sanctions imposed by default may be made by completing and filingJuror’s Motion to Set Aside Sanctions and Order(form MC-070).

(d) Hearing The court may decide the motion with or without a hearing.

(e) Good cause required If the motion demonstrates good cause, a court must set aside sanctions imposed against a prospective juror.

(f) Continuing obligation to serve Nothing in this rule relieves a prospective juror of the obligation of jury service.

(g) Notice to juror The court must provide a copy of this rule to the prospective juror against whom sanctions have been imposed.

Committee Notes

(Subd (c) amended effective January 1, 2007.)

(Subd (d) amended effective January 1, 2007.)