Pennsylvania Waiver of Jury Trial

State:
Pennsylvania
Control #:
PA-SKU-2114
Format:
PDF
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Description

Waiver of Jury Trial

Pennsylvania Waiver of Jury Trial is a document that waives an individual’s right to a jury trial in civil or criminal cases. The waiver must be signed by both the defendant and the defendant’s attorney. It is important to note that a waiver of jury trials is not the same as a guilty plea. There are two types of Pennsylvania Waiver of Jury Trial: civil and criminal. The civil waiver of jury trials applies to civil cases such as contract disputes, negligence, personal injury, and products liability. The criminal waiver of jury trials applies to criminal offenses like burglary, assault, theft, and drug possession. A waiver of jury trials is not an admission of guilt. It merely means that the defendant is waiving their right to a jury trial. The waiver must be signed by both the defendant and their attorney, and both parties must understand the consequences of the waiver. The waiver can be revoked at any time before the start of the trial.

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FAQ

Since its enactment more than 150 years ago, the California Constitution has provided that only the Legislature may prescribe the method for waiving a civil jury.

Rule 620 - Waiver of Jury Trial. In all cases, the defendant and the attorney for the Commonwealth may waive a jury trial with approval by a judge of the court in which the case is pending, and elect to have the judge try the case without a jury.

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.

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.

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.

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.

Rule 1007.1 - Jury Trial. Demand. Waiver (a) In any action in which the right to jury trial exists, that right shall be deemed waived unless a party files and serves a written demand for a jury trial not later than twenty days after service of the last permissible pleading.

More info

This is known as a "bench trial." Waiver of Jury Trial.A jury trial waiver may be unenforceable. Waiving the right to a jury trial means that the judge alone will hear and decide the case. A contractual jury waiver is a provision that is found in some contracts. To waive a right to a jury trial, the defendant must consent in writing. The constitutional right to a jury trial can be waived in favor of a bench trial. (b) Waiver of Right to Jury Trial. (d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed.

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Pennsylvania Waiver of Jury Trial