This form is a Complaint. This action is to recover damages for a violation of the First Amendment of the United States Constitution. The plaintiff is seeking punitive damages and reasonable attorney's fees.
This form is a Complaint. This action is to recover damages for a violation of the First Amendment of the United States Constitution. The plaintiff is seeking punitive damages and reasonable attorney's fees.
(d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.
Certificates of Representation. In any criminal case, a lawyer representing a client, other than a public defender, shall file with the court administrator on the first appearance a "certificate of representation," in such form and substance as a majority of judges in the district specifies.
A motion to vacate specifically asks a judge to cancel something. If a judge or jury convicted you of a crime — or you pleaded guilty — then a motion to vacate might ask the judge to cancel the conviction.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Rule 15. A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 21 days after it is served.
Failure to appear before the Court or failure to show good cause for failing to report for jury service may result in a $1,000 fine, up to three days imprisonment, order to perform community service or any combination thereof.
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.
Article I, Section 16 of the State Constitution of California says, “A trial by jury is an inviolate right and shall be secured to all. 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."
Certificates of Representation. In any criminal case, a lawyer representing a client, other than a public defender, shall file with the court administrator on the first appearance a "certificate of representation," in such form and substance as a majority of judges in the district specifies.
There are various reasons why a defendant might consider waiving their right to a jury trial. For instance, they might aim to resolve the case swiftly or keep it out of the local news. Alternatively, they might have a lengthy criminal record and wish to minimize public exposure.