Can a judge be assigned to a trial department under a master calendar exception?

California, United States of America


The following excerpt is from Stevens v. Superior Court, 52 Cal.App.4th 55, 60 Cal.Rptr.2d 397 (Cal. App. 1997):

The master calendar exception envisions that the parties' attorneys are personally before the court when the assignment is made. It requires the challenge be made immediately upon the assignment in order to permit the "judge in the master calendar department to make an immediate assignment to another department and immediately to utilize the challenged judge for some other pending case." (People v. Escobedo (1973) 35 Cal.App.3d 32, 38, 110 Cal.Rptr. 550.) However, when a master calendar department assigns a [52 Cal.App.4th 60] case to a trial department well in advance of the trial date, the rationale of the master calendar rule does not apply. (People v. Superior Court (Lavi), supra, 4 Cal.4th 1164, 1175-1176, 17 Cal.Rptr.2d 815, 847 P.2d 1031.)

Other Questions


What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
When a cause is assigned from the master calendar, can the judge supervising the assignment be challenged at the earliest reasonable opportunity? (California, United States of America)
Does a motion to disqualify a judge from the trial of a cause where there is a master calendar be made too late? (California, United States of America)
How has the trial judge considered the fact that a judge personally viewed the properties at the inception of the trial? (California, United States of America)
Is a judge assigned to pass upon a disqualification notice required to counsel counsel of the assigned or agreed upon judge? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is there any case law where a judge has found that a trial judge made a "minor error" in making decisions in a trial? (California, United States of America)
Can a trial judge that commences a jury trial be prevented from proceeding until the trial is over? (California, United States of America)
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)
Can a judge who did not preside at trial review a defendant's motion for a new trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.