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.
Defendants generally trust that a jury will acquit or render a not guilty verdict more often (than a judge). The O.J. trial certainly validated this belief. Both the defendant and the People have the right to a jury trial in misdemeanor and felony trials (California Constitution, Article I, § 16 and Penal Code § 699).
A jury trial demand is a request to have your case decided by fellow citizens as opposed to the judge should you proceed to trial. The decision to choose or waive a jury trial lies with the defendant.
The plaintiff does, however, have the right to sit closest to the jury box, so they may switch sides if the jury is positioned on the left ing to the layout of the court in which they find themselves.
Typically, a plaintiff will make its demand in the complaint filed at the outset of the case, and a defendant usually will make its demand in an answer to the complaint. If either party asks for a jury, the trial will be by jury.
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 ...
You could be held in contempt of court and required to attend jury duty on a different date. You can also be fined $500 for missing a jury appearance. Additionally, you could be compelled to explain to the presiding judge why you missed your court appearance.
Failure to complete and return a jury questionnaire, providing false information on the questionnaire, or using vulgar or profane language in response to a jury questionnaire subjects a citizen to show cause proceeding for contempt of court.
Reasons for Being Excused from Jury Service Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict. Other reason deemed sufficient by the court.
A request to be excused must be made in writing to the court that issued the summons and must be supported by appropriate documentation. Requests for excuse should be directed to the Jury Commissioner's Office. Your service is required as a prospective juror for a minimum of one day.
The court will send you a second jury duty request if you missed your first appearance. If you miss a jury date, serious consequences can take effect. You could be held in contempt of court and required to attend jury duty on a different date. You can also be fined $500 for missing a jury appearance.