Trial On Demand In Queens

State:
Multi-State
County:
Queens
Control #:
US-000291
Format:
Word; 
Rich Text
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Description

This is a multi-state form covering the subject matter of the title.

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FAQ

You are not a resident of Bronx County. You have served as a juror in a New York State or Federal Court within the past 6 years. If you have been convicted of a felony. You are the caregiver of a child or an elderly person. You do not speak English. The juror is deceased. You are in the military.

In New York, the defendant's right to a public trial is also protected by statute.

A jury trial may be waived by the defendant in all criminal cases. . . by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try the offense.”

A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.

A defendant may appeal a conviction if the jurors engaged in misconduct, such as talking about the case with non-jurors, considering evidence other than that presented as trial, taking a bribe, or deciding a case by lot rather than by the vote of each juror.

In New York, a civil jury does not have to agree on the verdict unanimously. Instead, only 5 out of the 6 required jurors must agree. If more than 1 juror disagrees with the others, they must continue deliberating.

Both the prosecution and the defense have a certain number of 'peremptory challenges'. They can kick out that many jurors for no reason, or they don't have to give a reason. If there IS a reason, the juror can be excused 'for cause', and that doesn't count against their challenges.

A jury trial may be waived by the defendant in all criminal cases. . . by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try the offense.”

(c) Audiovisual coverage of party or witness testimony in any court proceeding (other than a plea at an arraignment) is prohibited. (d) Nothing in these rules is intended to restrict any preexisting right of the news media to appear at and to report on judicial proceedings in ance with law.

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Trial On Demand In Queens