Jury Trial For Civil Cases In Queens
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FAQ
Why do so many civil cases settle out of court and never go to trial? Because trials can be expensive and take a long time. No side is guaranteed to win( in most cases) and by settling both parties have a say in the outcome.
New York State Constitution The legislature may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case.
Unanimous 12 Person Jury Required For criminal charges, both misdemeanors and felonies, California requires a unanimous 12 person jury to render a verdict of “guilty” or “not guilty.” If even just one of the 12 jurors disagrees with the other 11 after careful consideration of the evidence, this results in a hung jury.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
If not demanded or ordered by the court, a jury is deemed waived. A plaintiff in a small claim and a claimant in a commercial claim or consumer transaction is deemed to have waived the right to a jury trial. Any other party, before the day that the action is notice to be heard, may demand a jury trial.
In a civil trial, five out of six jurors are needed to return a verdict in favor of one party or the other. When 12 jurors deliberate in a civil trial, 10 jurors are needed to return a verdict. In a criminal case the verdict must be unanimous.
In a wide variety of civil cases, either side is entitled under the Constitution to request a jury trial. If the parties waive their right to a jury, then a judge without a jury will hear the case.
One juror cannot derail deliberations in a six-person jury, and the jurors will work together to reach a verdict. Likewise, the number of hung juries decreases when 12-person juries do not have to be unanimous. Fewer hung juries result in more accurate verdicts.
The overwhelming majority of civil cases are resolved prior to trial – either through judicial order (for example, when the judge grants a dispositive motion filed by one of the parties) or through a settlement between the parties.