Long Beach California Waiver of Trial by Jury and Special Findings of Fact

State:
California
City:
Long Beach
Control #:
CA-CR-019-FED
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PDF
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Waiver of Trial by Jury and Special Findings of Fact: This is an official Federal form that complies with all applicable Federal codes and statutes. USLF amends and updates all Federal forms as is required by law.

Long Beach California Waiver of Trial by Jury and Special Findings of Fact In Long Beach, California, individuals involved in legal proceedings have the option to waive their right to a trial by jury and request Special Findings of Fact. This legal provision grants parties involved in a case the ability to opt for a trial conducted solely by a judge, without a jury determining the outcome. By waiving this constitutional right, parties acknowledge that the judge's decision will be final and binding. The Long Beach California Waiver of Trial by Jury and Special Findings of Fact is an essential tool for parties seeking a more expedited and controlled legal process. It is commonly utilized in complex civil litigation cases where extensive evidence and expert testimonies are involved, such as medical malpractice suits, intellectual property disputes, or complicated contract law cases. By eliminating a jury, this waiver ensures that a single professional with extensive expertise in the specific field will render the final verdict based on legal and factual analysis. Different types of Long Beach California Waiver of Trial by Jury and Special Findings of Fact include: 1. Civil Litigation Waiver: Parties involved in civil cases, whether plaintiffs or defendants, can opt for a trial by judge alone. This type of waiver is generally preferred in cases where the complexity of the matter requires expert interpretation, or when parties believe that jury prejudice may be a concern. 2. Criminal Defense Waiver: In certain criminal cases, defendants may decide to waive their right to a trial by jury and instead request a trial before a judge. This decision could be driven by various factors, including the belief that the judge may have a better understanding of the nuances of the case and the law, or if a high level of media attention could potentially influence a jury's impartiality. It is crucial to note that the Long Beach California Waiver of Trial by Jury and Special Findings of Fact is not available in all cases. Certain legal matters, such as those involving fundamental rights, serious criminal offenses, or capital punishment, typically require a jury trial due to the potential for significant consequences. When considering a Long Beach California Waiver of Trial by Jury and Special Findings of Fact, parties should consult with their legal counsel to assess the implications and determine if it aligns with their best interests. It is recommended to weigh the advantages of a jury trial, including diverse perspectives and the potential for empathy, against the benefits of a judge alone who possesses specialized knowledge and experience. Ultimately, the decision to waive a trial by jury is a strategic choice that should be made after careful consideration of the specific circumstances of the case.

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FAQ

If you are age 70 or over and have either a physical or mental disability or impairment you may be excused from jury service.

If you do miss jury duty in California, the court will send you a follow-up letter reminding you that you failed to appear and giving you instructions on what to do next. You will need to follow the instructions to reschedule a time to serve on a jury. If you do not do this, you may be fined money or even arrested.

The Jurist suggests that a bench trial may be the better option in a high-profile case because the jury pool may be tainted due to news coverage of the crime. In addition, if a case involves complex legal issues, a judge is better able to decipher them than a jury.

A party waives trial by jury in any of the following ways: (1) By failing to appear at the trial. (2) By written consent filed with the clerk or judge. (3) By oral consent, in open court, entered in the minutes.

Excuses from Jury Service Such groups may include persons over age 70; persons who have, within the past two years, served on a federal jury; and persons who serve as volunteer fire fighters or members of a rescue squad or ambulance crew.

Pursuant to California Code of Civil Procedure Section 209, any prospective juror who has been summoned for service, and who fails to respond as directed and be excused from attendance, may be found in contempt of court, punishable by fine ($1,500), incarceration (5 days) or both.

When you do not appear for jury duty, you will be sent a postcard stating you failed to appear. You need to follow the instructions on the postcard. You will automatically be assigned a new date for jury duty if you do not respond. Further failure to appear could result in punishment by fine, incarceration or both.

Reasons for Being Excused from Jury Service Any reason deemed sufficient by the court. Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict.

Additionally, if any individual is incarcerated in any prison or jail, they are disqualified from jury service. Also, those who are currently required to register as a sex offender pursuant to Section 290 of the Penal Code based on the felony conviction are not eligible for jury service.

A request for permanent medical excuse must be submitted in writing by the juror/person with a disability or his/her authorized representative on or before the date the person is required to appear for jury service. A supporting letter, memo, or note from a treating health care provider must be included.

More info

But contractual jury. City of Long Beach (2014) 59 Cal.4th 59, 66-67; see also"Public Interest Exemption;'p.54. You must be present on time at the felony disposition conference. City of Long Beach (2014) 59 Cal. 4th 59, 66-67; see also"Public Interest Exemption;'p.54. In a long line of cases, the Court had held that no constitutional right to jury trial existed in trials of criminal contempt. 72 But in Bloom v. Illinois,73. Long Beach, California Criminal Defense Lawyer. Log out as a moderator.

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Long Beach California Waiver of Trial by Jury and Special Findings of Fact