Massachusetts Waiver of Demands for Jury Trial

State:
Massachusetts
Control #:
MA-SKU-1035
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PDF
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Description

Waiver of Demands for Jury Trial

Massachusetts Waiver of Demands for Jury Trial is a document that is filed with the court in civil cases which allows the parties to waive their right to a jury trial and instead proceed with a bench trial. This document must be signed by all parties involved in the case. There are two types of waivers of demands for jury trial: General Waiver of Demands for Jury Trial and Special Waiver of Demands for Jury Trial. General Waiver of Demands for Jury Trial is a document that is signed by all parties involved in the case. It waives the right to a jury trial and instead allows the case to be tried by a judge. Special Waiver of Demands for Jury Trial is a document that is signed by all parties involved in the case and waives the right to a jury trial, but also allows for the parties to agree to certain terms or conditions that would not be allowed in a jury trial. This document allows the parties to agree to certain issues or facts that they would not be able to agree to in a jury trial.

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FAQ

A jury trial is a fundamental right in this country. A defendant also has the right to waive a jury trial at any time before the jury has been empanelled. A court may refuse to accept a waiver, but such refusal must be for good and sufficient reason.

At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests.

In a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.

In a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.

Waiving the right to a jury trial means that the judge alone will hear and decide the case. Known as a ?bench trial,? this option is unquestionably cheaper and faster than trying the case before a jury. Juries must be selected, instructed, and waited on during deliberations.

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

No. While a constitutional right to a jury trial exists in most criminal cases, the same isn't true with a bench trial. A defendant may waive (give up) their right to a jury trial, but if the prosecutor objects or the judge rejects the defendant's waiver, the trial will go before a jury.

A defendant who wants a speedy resolution of his/her case may choose to waive a jury trial. Where the issue of guilt is more technical ? meaning, whether the facts fit the law ? it may be better to have a judge decide the issue.

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Massachusetts Waiver of Demands for Jury Trial