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Sample Jury Trial Demand With Motion In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-000287
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(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party's attorney, or upon a showing of ...
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 ...
A plea hearing, which occurs before a judge with all parties present, is often the step right before the trial itself. It's the forum for any last-ditch efforts to resolve the case by agreement. If the case is resolved, the defendant will then enter a plea of guilty or no contest.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
This tells the court that there are still disagreements between you and the other party, and a Hearing or Trial is necessary to settle the things you and the other party do not agree about.
Any Party Can Request Hearing Failure to reserve a date for hearing will result in the demurrer, motion, or order to show cause hearing not being heard. San Diego LR 2.1. 19 (A).
"Motion to strike jury demand" means that one party has requested a jury trial and the other party is objecting to the request for a jury based on some ground, such as it may be the type of proceeding that a jury is not mandated or that the party asking for a jury has no right to ask for a jury in this manner.
This tells the court that there are still disagreements between you and the other party, and a Hearing or Trial is necessary to settle the things you and the other party do not agree about.
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Form that must be filled out and submitted to request that the case be set for trial. Jury or nonjury trial.I request a jury trial. To demand a jury trial in an unlawful detainer case, you generally need to file a specific court form along with your answer to the complaint. Lawyers often advise litigants to be wary before making a jury demand. Many attorneys feel that jury trials are difficult and excessively complicated. In ALL California courts, including San Diego Superior Court, if a plaintiff wants a jury trial they must ask for it in the complaint. 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. The Rule 39(b) motion for relief gives the Court discretion to grant a jury trial where a party's demand for jury trial is untimely. A "motion for a continuance" is a request asking the judge to make an order changing your hearing date.