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Jury Trial Demand Without Trial In Santa Clara
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State:
Multi-State
County:
Santa Clara
Control #:
US-000287
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Word;
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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 California Constitution provides that all civil litigants have the right to trial by jury, but they may waive that right in ance with rules laid out by statute.
The California Constitution provides that all civil litigants have the right to trial by jury, but they may waive that right in a manner prescribed by statute.
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.
All requests to be excused from jury service must be submitted in writing. Prior Jury Service. Child Care / Care of a Dependent. Volunteer Safety Personnel. Financial / Business / Employment Hardship.
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.
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.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand—petty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.
Minor hardships or inconveniences to an employer are not legal reasons to be excused from jury service. However, you may request to be postponed to a more convenient time. If serving on jury duty will create an extreme financial hardship, visit the online Juror Portal to request an excuse.
You may be excused if you have a serious health problem. If you are sick or injured, you may postpone your service or request an excuse. If you are disabled, you may request a permanent medical excuse. Follow the directions on the summons for postponement or excuse.
More info
Jury trials cannot be held unless people like you are willing to perform their civic duty. Jurors are essential to the administration of justice.What happens in court depends on if you have a Court Trial (sometimes called a Bench Trial) or a Jury Trials. A Court Trial is with a judge, but not a jury. You can go around licking doorknobs and get really sick and get excused, or you can just show up and hope that you're not required as a jury. You will be required to make only one appearance in court for jury selections held that day, or serve for one trial (jury selection may take more than one day). The portal will provide the time. You'll go to the second floor of the courthouse, they'll take the paper slip you got and then you wait. You may request to be excused from federal service. For example, in Santa Clara, all civil trials through July 30 have been vacated.