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.
Jury Trial Withdrawn In Wake
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Multi-State
County:
Wake
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US-000285
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FAQ
What are some of the best excuses people have used when they didn't want to show up for jury duty? You are not fluent in English. You are disabled, evidenced by a physician's attestation. You are hospitalized, again evidenced by a physician's attestation.
The following people can make a request to avoid jury duty, as long as it's at least five days before jury service, the N.C. Judicial Branch website says: A full-time student at an out of state school. Anyone age 72 years or older. Anyone who has a disability that could interfere with their ability to serve as a juror.
It is important to remember that when you are summoned for jury duty, the service is mandatory, and you must appear unless the court specifically tells you that you have been released from service. Failing to report could result in penalties.
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.
(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 A proper demand may be withdrawn only if the parties consent.
During voir dire, either attorney may ask that a prospective juror be dismissed if he or she reveals information that might indicate a bias. For example, if someone were a relative of the plaintiff or defendant.
Excuses will be granted ONLY for reasons of compelling personal hardship. Requests for excuses and postponements for jury duty must be made by electronically using the requested online form, or by mail or fax. Your request CANNOT be handled by telephone.
This right is also preserved in Article I, Section 16 of the State Constitution of California. However, there may be times when it's in your best interest to waive your right to a jury trial, whether in favor of a bench trial, where a judge decides your verdict or as part of a plea deal.
Sometimes, in a criminal case, the defendant might want to waive their right to a jury trial and instead have a bench trial where the judge alone decides guilt or innocence. For example, perhaps the judge has a reputation for leniency, or the case has made national news.
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(d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed.It is extremely important that you be prompt both in the morning and when returning from lunch. You have to tell the judge that before the trial starts. He will probably just excuse you from the case. A jury is made up of 12 people who are chosen at random to hear the evidence and decide if the accused is guilty or not guilty. A Practice Note addressing the practical considerations of a civil bench trial in federal court, including when a bench trial may be available. When I was a young lawyer trying one of my first jury trials, I noticed a sleeping juror in the box. After accepting a waiver of jury trial, the court may permit the defendant to withdraw the waiver only on motion made before trial and for good cause shown. In cases of severe weather, the entire courthouse is sometimes closed.