This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
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.
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.
A request to be excused must be made in writing to the court that issued the summons and must be supported by appropriate documentation. Requests for excuse should be directed to the Jury Commissioner's Office. Your service is required as a prospective juror for a minimum of one day.
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.
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).
If you have been convicted of a felony when the conviction has not been set aside or a pardon issued. If you are a judge, clerk of a district court, a sheriff, or a jailer. If your spouse has been summoned for the same jury panel. If you or your spouse have a pending jury trial in any court.
By law, the courts will excuse from jury duty anyone with a mental or physical condition that would keep them from serving as a juror. There is not an exemption based on age, but you may request to be excused if you have a hardship that would make it difficult to serve.
Make sure to clearly state your request in your letter. Let the court or jury commissioner know that you are requesting an excusal from jury duty and provide the reason for your request. Keep your tone polite and professional while making a compelling case for why you cannot serve.