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.
This Note explores the dual jury system in which each defendant in a joint trial has his or her own jury to decide guilt or innocence.
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.
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.
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.
Generally, the waiver is enforceable if it is entered into knowingly, intentionally, and voluntarily, the language is clear, unequivocal, and prominently set forth in the agreement, and the parties are of roughly equal bargaining power.
A jury trial may be waived by the defendant in all criminal cases. . . by a written instrument signed by the defendant in person in open court before and with the approval of a judge or justice of a court having jurisdiction to try the offense.”
Article I, Section 16 of the State Constitution of California says, “A trial by jury is an inviolate right and shall be secured to all. A jury may be waived in a criminal cause by the consent of both parties expressed in open court by the defendant and the defendant's counsel."
If you cannot serve even if granted a postponement, you may contact your local commissioner of jurors office and ask to be excused from service. The commissioner may ask you to provide documentary proof of the reasons why you need to be excused.
It means that you have to report to the court for jury selection. It's usually in letter format and there is usually a form to fill out or a way to do that form online. Sometimes you have to call a number during the week that you have to report to see if you have to come in.