Jury Trial For Equitable Relief In Nassau
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In most criminal trials, including murder cases, a unanimous verdict is typically required. This means that all 12 members of the jury must agree on a verdict for it to be valid. If even one juror dissents and cannot agree with the majority, the jury is considered "hung," and a mistrial may be declared.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...
The founding fathers believed that the right to be tried by a jury of your peers was so important that it was included in the Constitution. All persons accused of a crime or involved in a civil dispute have a constitutional right to have a jury decide their cases.
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 ...
Returnable to Assigned Judge All motions must be made returnable to the judge assigned to the case and all papers related to the motion must be filed on or before the return date.
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.
This right is also preserved in Article I, Section 16 of the State Constitution of California. However, there may be times when it's in your best interest to waive your right to a jury trial, whether in favor of a bench trial, where a judge decides your verdict or as part of a plea deal.
You must follow the directions in the “Juror Excusal Statement” portion of your summons in order to be excused for either category. Potential jurors who have a request for exemption, or other hardship/conflict/deferral, MUST submit that request BEFORE the registration date deadline.
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.
Predictable Outcomes: Judges' decisions are generally more predictable than those of a jury, in which emotions or personal biases can sway. If, for example, you're assigned a judge with a record of showing leniency for mitigating circumstances, your attorney might recommend waiving the jury trial.