A Notice form provides legal notification to a party of an important aspect of a legal matter. Failure to provide proper notice is often the cause of delays in the progress of lawsuits and other legal matters. This model form, a Notice of Non-Jury Trial, provides notice of the stated matter. Because each case is unique, you will need to adapt the form to fit your specific facts and circumstances. Available for download now. USLF control number MI-00025
Michigan Notice of Non-Jury Trial
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FAQ
Someone might choose to waive their jury trial right if they believe that their case is better handled by a judge. For example, a case that requires a complex understanding of legal technicalities might better be handled by a judge than jurors.
Bench Trials a bench trial acts just like a regular trial, but instead of presenting your case to a jury of your peers, the judge acts as the jury and issues a verdict.
According to the Supreme Court, the jury-trial right applies only when serious offenses are at handpetty 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. (Baldwin v. New York, 399 U.S. 66 (1970).)
According to the Supreme Court, the jury-trial right applies only when serious offenses are at handpetty 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. (Baldwin v. New York, 399 U.S. 66 (1970).)
All defendants in state criminal cases are entitled to jury trials according to the federal standard for "serious penalties" used by the Supreme Court. However, if the offense carries a sentence of 6 months or less, then a jury trial isn't mandated and the state can decide whether to require a jury trial.
A Court plurality in Cheff v. Schnackenberg, 384 U.S. 373 (1966), held, asserting the Court's supervisory power over the lower federal courts, that criminal contempt sentences in excess of six months imprisonment could not be imposed without a jury trial or adequate waiver.
A non-jury trial is a trial in which a judge decides both questions of law and fact.A non-jury trial is held in the absence of a jury, and decided by a judge resulting in a judgment for the plaintiff(s) or defendant(s). In a non-jury trial the fact finder is one or more professional judges.
The law in NSW Section 132 provides that a defendant or prosecutor may apply for a District or Supreme Court trial to be tried by a judge alone which is referred to as a 'trial by judge order'.