Jury Trial Demand Withdrawal In Massachusetts
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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 A proper demand may be withdrawn only if the parties consent.
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.
Rule 38-Jury Trial of Right. (a) Right Preserved. 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.
In essence, Rule 36 means that all defendants are guaranteed a trial within one year of their arraignment.
Defendants generally trust that a jury will acquit or render a not guilty verdict more often (than a judge). The O.J. trial certainly validated this belief. Both the defendant and the People have the right to a jury trial in misdemeanor and felony trials (California Constitution, Article I, § 16 and Penal Code § 699).
On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and. (2) filing the demand in ance with Rule 5(d).
In the demand a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable.
Any party may file a response in opposition to a motion within seven days after service of the motion, but the trial court or Appellate Division in which the motion was filed may shorten or extend the time for responding to any motion.
2. Opposition: An opposition is due within fourteen (14) days of service of the motion, except as to motions for summary judgment, where oppositions may be filed within twenty-one (21) days. See Local Rules 7.1, 56.1.
Under Rule 5(b), service may be made by mailing the paper to the party or attorney at his last known address; if no address is known, the paper may be left with the clerk of court. Prior Massachusetts practice made no provision in cases where the address was unknown. Notice must be written.