Jury Trial For Equitable Relief In Allegheny
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FAQ
What's the difference between a Jury Trial and a Court Trial? In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens who listen to the evidence and make the decision. In a court trial, there is no jury present. The judge listens to the evidence and makes the decision.
Ultimately, it's up to the judge to rule on these issues of law, and decide which evidence can be considered. Therefore, the jurors should only make their decision based on what is seen and heard in the courtroom, and nothing else. Courts have other standard rules, to make sure the entire process is fair and impartial.
In lawsuits seeking equitable relief there is no right to a jury trial; ingly, these types of cases are tried to the judge in a bench trial.
Bench trials are better for cases involving highly technical issues or an unlikeable party/parties. Jury trials are for situations where you think you have a worse than 50% chance at winning and neither of the above situations apply.
Rule 212.2 - Pre-Trial Statement (a) Each party shall file and serve upon all other parties a written pre-trial statement in conformity with the requirements of Pa. R.C.P.
Judges must put aside personal opinions and focus on the facts in the case. Bench trials go faster. Since judges need less explanation, civil litigation moves more quickly when presented to a judge than when presented to a jury.
Rule 1301.1 - Discovery in Compulsory Arbitration Proceedings (Except Small Claims) (1) For any personal injury claim filed in Compulsory Arbitration, the plaintiff may serve arbitration discovery requests (see FORM 1301.1A) (see subsection (8)(a) below) either together with the copy of the Complaint served on the ...
The judge may grant a judgment as a matter of law (JMOL) if it appears there is no issue of material fact for a jury to decide. A judge can deliver both these judgments, but they can't set aside an acquittal in a criminal case. Once a jury has rendered a not-guilty verdict, the judge can't overturn it.
Although the judge and opposing counsel can prevent improper evidence and questions from getting through, they cannot catch all of them. Jurors listen to their emotions. In civil trials, especially personal injury cases, having a sympathetic jury can be helpful for pro se litigants.
Ultimately, it's up to the judge to rule on these issues of law, and decide which evidence can be considered. Therefore, the jurors should only make their decision based on what is seen and heard in the courtroom, and nothing else. Courts have other standard rules, to make sure the entire process is fair and impartial.