Virginia Waiver Of Jury

State:
Virginia
Control #:
VA-PWILL-03
Format:
PDF
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Description

Waiver Of Jury

Virginia Waiver Of Jury is a form that allows criminal defendants in Virginia to waive their right to a trial by jury. This form allows the defendant to choose to have their case decided by a judge instead. There are two types of Virginia Waiver Of Jury: Waiver of Right to Jury Trial and Waiver of Right to Trial by Jury. The Waiver of Right to Jury Trial form must be signed by the defendant and the defense attorney, and the Waiver of Right to Trial by Jury form must be signed by both the defendant and the prosecuting attorney. Both forms must be filed with the court prior to the trial date.

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FAQ

Excuse from Service You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you. Serving would be an extreme financial burden.

You will be reimbursed $30 per day for attendance for each day you must report to the courthouse. This amount is set by the state legislature. How long will I be in jury service? Jurors serve for one term of court.

If any juror who has been given due notice to appear in court shall fail to do so without sufficient excuse, he shall be fined not less than $50 nor more than $200.

A jury waiver provision is a contractual provision by which one or both of the parties agree to waive the right to have a jury trial, replacing it with a bench trial as the default process to resolve disputes under the contract.

Exemptions from jury service upon request. A person who is necessarily and personally responsible for a person having a physical or mental impairment requiring continuous care by him during normal court hours. Any person over 70 years of age.

§ 19.2-262. Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel. A. In any criminal case in which trial by jury is dispensed with as provided by law, the whole matter of law and fact shall be heard and judgment given by the court.

Virginia Police Jury Duty Excuse In the state of Virginia, sheriffs, deputy sheriffs, state police, police in counties, cities and towns, the superintendent of the penitentiary and his assistants and persons composing the guard, and jail officers are all exempt from serving on a jury.

If you want to defer your service to a later date or be excused, you must make your request in writing to the jury office of the courthouse to which you have been summoned.

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. The constitutional right to a jury trial can be waived in favor of a bench trial. Jury Trial Waivers: Paradise Lost or a Playing Field Leveled? (d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. (d) Waiver; Withdrawal.

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Virginia Waiver Of Jury