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.
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 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.
Jury trials provide an opportunity for citizens to participate in the judicial process. Jury trials give citizens on the jury the power to make a decision on the case. People who serve on juries routinely have a greater respect for the system when they leave.
Jury works in most cases having to deal with criminal penalty because you have more people who are looking at the evidence and could help you from being subject to one lone decision.
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 ...
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).
Therefore, the constitutional right to a jury trial only applies to prosecutions involving serious offenses. A serious offense is one where the charged offense carries a maximum penalty of more than six months' imprisonment.
JURIES CAN BE SYMPATHETIC Unlike an impartial judge, the panel of individuals on your jury could be swayed by emotion and personal experience. This may work in your favor. If you have been overcharged for the crime in question or are a sympathetic defendant, some jurors may be more likely to back you.