Jury Trial Demand Withdrawn In Fulton
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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 A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.
Rule 39 – Trial by Jury or by the Court. (2) the court, on motion or on its own, finds that on some or all of those issues there is no federal right to a jury trial. (b) When No Demand Is Made. Issues on which a jury trial is not properly demanded are to be tried by the court.
"Motion to strike jury demand" means that one party has requested a jury trial and the other party is objecting to the request for a jury based on some ground, such as it may be the type of proceeding that a jury is not mandated or that the party asking for a jury has no right to ask for a jury in this manner.
The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate. (2) filing the demand as required by Rule 5(d). Such demand may be indorsed upon a pleading of the party.
(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 A proper demand may be withdrawn only if the parties consent.
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.
Motions may be withdrawn by the filing of a “Notice of Withdrawal” with the Court at least two (2) court days before a scheduled hearing.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.
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.