Jury Trial Form Withdrawn In Michigan
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FAQ
The Court of Claims is a court of statewide, limited jurisdiction (PA 164 of 2013) to hear and determine all civil actions filed against the State of Michigan and its agencies.
Who gets called? U.S. citizens at least 18 years old who are residents of the court district to which they are summoned. The jury pool for each court comes from a list of licensed drivers and state ID card holders in the court's district. Those who have been convicted of felony crimes are not eligible for jury service.
To begin, the Secretary of State sends a random list of licensed drivers and people with state IDs to the jury board. Potential jurors receive a questionnaire and jury summons by mail. Those who qualify become part of the jury pool. On the date they are assigned to serve, members of the jury pool go to court.
Each court randomly selects qualified citizens from counties within the district for possible jury service. All courts use the respective state voter lists as a source of prospective jurors.
Be physically and mentally able to carry out the functions of a juror. Temporary inability shall not be considered a disqualification. Not have served as a petit or grand juror in a court of record during the preceding 12 months. Not have been convicted of a felony.
A bench trial has no jury; the judge assumes a dual role, serving as both the arbiter of law and the determiner of facts. In a bench trial, the judge alone makes legal rulings, assesses the evidence, and decides the verdict.
Bench trials are better for cases involving highly technical issues or an unlikeable party/parties. Jury trials are for situations where you think you have a worse than 50% chance at winning and neither of the above situations apply.
In practice, however, the Supreme Court has held that the right to a jury trial does not extend to "petty offenses." Petty offenses are crimes punishable by imprisonment of six months or less. This distinction aims to balance judicial efficiency with individual rights.
(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 A proper demand may be withdrawn only if the parties consent.
If the case is waived, this simply means that the defendant agrees that the Commonwealth would be able to prove their basic case and that they will allow the case to proceed to the Court of Common Pleas without having a hearing to make that determination. 10. What if I do not feel safe entering/exiting the Courthouse?
