This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Juries. You have a First Amendment right to observe the jury selection process, called voir dire in legal terminology. This process takes place in court, and generally involves lawyers asking questions to determine whether prospective jurors could make a fair decision.
In the court context, the parties select six jurors from a panel of ten to twelve jurors. After a brief voir dire by the court or the attorneys, the jurors are empaneled. Case presentation is usually limited to one hour, including rebuttal, although this time period may be extended if the case is unusually complex.
A summary jury trial is generally a one-day jury trial with relaxed rules of evidence similar to arbitration except that a jury decides factual issues and renders a verdict as a jury would in a traditional trial. The parties may agree on the mode and method of presentation.
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 ...
The summary jury trial usually involves a summarized presentation of a civil case to an advisory jury to show the parties how a jury reacts to the evidence. The procedure is nonbinding. Summary jury trials, however, generally foster dispute settlement.
The rules of evidence are relaxed and the jury decision is recommended, not binding in nature. The process gives the parties an opportunity to experience an official court hearing and to see how a jury of their peers would view the case. A summary jury trial is usually finished in a day or less.
Normally before a trial, the defendant will ask the court to dismiss the case without a jury because the plaintiff doesn't have enough evidence. It's called summary judgment, and it's only granted when the evidence shows there are no genuine issues of factual disputes left in the case.
Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court. NYSCEF wants to know the court date and has a calendar button to find the court date you picked.
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.