This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Generally speaking, if there are no factual issues in dispute, a court trial would serve you well. When there are disputed facts, you normally have a better chance convincing a jury than a judge to see things your way. Remember, a jury is strictly the finder of facts in a trial.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
The most common techniques of alternative dispute resolution include the Minitrial, Arbitration, the Summary Jury Trial, the Rent-a-Judge program, Voluntary Settlement Conferences and Private Organizations established to assist in dispute resolution.
If you would like to ask for a jury trial, you may enter a short plain statement in your complaint, that states, "demand for jury trial." We have included wording in the pleading paper complaint, as a sample.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
At a defendant's arraignment, if they enter a "not guilty" plea, there will be several pretrial trial proceedings designed to resolve the case. If a plea bargain is not reached, then the case will proceed to trial.
Bench trials are held each day of the week and all cases set on the bench trial docket may be heard the day they are set. The States Attorney Office cannot advise persons on which type of trial they should choose. Clearly, however, a bench trial can be set and heard more quickly than a jury trial. 12.
A defendant may in writing waive a jury trial with the consent of the state. 1968 Adoption. This is the same as Federal Rule of Criminal Procedure 23(a). This changes existing law by providing for consent of state.
Generally, the waiver is enforceable if it is entered into knowingly, intentionally, and voluntarily, the language is clear, unequivocal, and prominently set forth in the agreement, and the parties are of roughly equal bargaining power.
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."