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Montana Complaint and Demand for Jury Trial regarding Fraud

Montana Complaint and Demand for Jury Trial regarding Fraud

Name: Montana Complaint and Demand for Jury Trial regarding Fraud
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.56 (237 reviews)

Category:

Montana Court Samples - Fraud - Sample Case 1

State:

Montana

Control #:

MT-KL-627-05

Format:

Instant download

This form is available by subscription

Description

A01 Complaint and Demand for Jury Trial regarding Fraud

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FAQ

To file your complaint, request a complaint form from the justice of the piece or clerk. There's a small fee to process and deliver the order to the defendant, but you may be able to request a waiver if you can't afford it. Pay your fee, fill out the form, and sign in front of the clerk or the justice.

Litigants denied a civil jury trial by a federal district court have at least three options: petitioning the court of appeals for a writ of mandamus; pursuing a permissive interlocutory appeal under 28 U.S.C. 1292(b); or appealing the denial of a jury trial after final judgment.

When cases are tried before a jury, the judge still has a major role in determining which evidence may be considered by the jury. The jury is the fact-finder, but it is left to "find" facts only from the evidence which is legally admissible.

A jury trial demand is a request to have your case decided by fellow citizens as opposed to the judge should you proceed to trial. The decision to choose or waive a jury trial lies with the defendant.

A bench trial is also faster and the judge often returns a finding (the functional equivalent of a verdict) much quicker than in a jury trial.Both the defendant and the People have the right to a jury trial in misdemeanor and felony trials (California Constitution, Article I, § 16 and Penal Code A§ 699).

In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable.A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.

In most civil litigation, either party may demand a jury trial, and this demand cannot be vetoed by the other party.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be

Montana Complaint and Demand for Jury Trial regarding Fraud

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