Sample Jury Trial Demand Withdrawal In Cook

State:
Multi-State
County:
Cook
Control #:
US-000287
Format:
Word; 
Rich Text
Instant download
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Description

The Sample Jury Trial Demand Withdrawal in Cook is a legal document used by plaintiffs to formally withdraw their request for a jury trial in a civil litigation case. This form is significant for parties who wish to proceed with a bench trial instead, where a judge decides the case without a jury. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this document useful as it streamlines the legal process by clearly outlining the intention to retract the jury demand, ensuring compliance with court procedures. Key features include space for identifying the parties involved, a statement of withdrawal, and a signature section for the plaintiff's attorney. When filling out the form, users should provide accurate case details and ensure all signatures are obtained prior to submission. This form is particularly relevant in situations where strategic considerations lead a plaintiff to favor a judge's ruling over a jury's verdict, often based on nuanced legal matters or the complexities of the case. Legal professionals can highlight the form's role in maintaining procedural integrity while adapting to the evolving needs of litigation.

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FAQ

(d) Waiver; Withdrawal. A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.

The failure of a party to serve and file a demand as required by this rule constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.

There are various reasons why a defendant might consider waiving their right to a jury trial. For instance, they might aim to resolve the case swiftly or keep it out of the local news. Alternatively, they might have a lengthy criminal record and wish to minimize public exposure.

Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them.

Disqualifications and exemptions from jury service. A prospective juror is disqualified to serve on a jury if that prospective juror is not a citizen of the United States, 18 years of age and a resident of the county, or is unable to read, speak and understand the English language.

If you have been convicted of a felony when the conviction has not been set aside or a pardon issued. If you are a judge, clerk of a district court, a sheriff, or a jailer. If your spouse has been summoned for the same jury panel. If you or your spouse have a pending jury trial in any court.

Don't talk about the case, or issues raised by the case with anyone, including other jurors, while the trial is going on, and don't let others talk about the case in your presence, even family members. If someone insists on talking to you or another juror about the case, please report the matter to a court employee.

If you want to get out of jury duty just be truthful and tell them why you would not be a good candidate.

Motions may be withdrawn by the filing of a “Notice of Withdrawal” with the Court at least two (2) court days before a scheduled hearing. A proposed order need not be filed in connection with such a notice.

Jury demand. (a) A plaintiff desirous of a trial by jury must file a demand therefor with the clerk at the time the action is commenced. A defendant desirous of a trial by jury must file a demand therefor not later than the filing of his or her answer. Otherwise, the party waives a jury.

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Sample Jury Trial Demand Withdrawal In Cook