Sample Jury Trial Demand With Motion In Houston
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Generally speaking, if there are no factual issues in dispute, a court trial would serve you well. When there are disputed facts, you normally have a better chance convincing a jury than a judge to see things your way. Remember, a jury is strictly the finder of facts in a trial.
Any party may file a written demand for a trial by jury which must be filed no later than 14 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived unless the late filing is excused by the judge for good cause.
Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.
"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.
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 constitution grants a defendant the right to a 'speedy trial'. Sometimes, the court system can be frustratingly slow when it comes to finishing up a case. A jury trial demand is simply a request that a date be set for a jury trial.
This tells the court that there are still disagreements between you and the other party, and a Hearing or Trial is necessary to settle the things you and the other party do not agree about.
A motion to strike is a request to a judge that part of a party's pleading or a piece of evidence be removed from the record. During the pleading stage, this can be accomplished by a tool such as Rule 12(f) of the Federal Rules of Civil Procedure or a state equivalent.
If a juror has a bias, or there is some other reason why a juror cannot be fair and impartial, the judge may excuse that juror. These are called strikes, “for cause,” in that there was cause to dismiss the juror.