Jury Trial Demand Withdrawal In Michigan
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FAQ
Typically, a plaintiff will make its demand in the complaint filed at the outset of the case, and a defendant usually will make its demand in an answer to the complaint. If either party asks for a jury, the trial will be by jury.
The court must sign a properly submitted proposed judgment or order if no written objections have been filed within 7 days after service of notice, as long as the judgment or order is consistent with the court's decision. MCR 2.602(B)(3). (This is commonly referred to as the “Seven-Day Rule.”)
If someone is accused of a crime, they have a right to be tried in front of a jury. A jury is made up of 12 people who are chosen at random to hear the evidence and decide if the accused is guilty or not guilty.
(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 A proper demand may be withdrawn only if the parties consent.
A request to be excused from jury service must be received by the Jury Department no later than 5 days before the start of your jury term. Excuse requests will be reviewed and decided by a federal judge. You will be notified once a decision is made. You are not considered excused until you are notified.
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.
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).
Demand: A party may demand a jury trial on any issue triable of right by a jury by serving the other parties with a written demand, which must be filed no later than 14 days after the last pleading directed to the issue. This demand must be specific about the issues that the party wants tried by a jury.