Jury Trial Form With Motion In Santa Clara
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FAQ
Juries sometimes have difficulty understanding judicial instructions and complicated evidence, are susceptible to emotional appeals, may be biased, deliberate in secret without accountability, and require concentrated trial of all issues at once.
A trial judge may allow a jury view. G.S. 15A-1229(a). Typically it is of a crime scene but it can involve viewing large evidence that cannot be presented in the courtroom, such as a vehicle.
The reason to use a jury is to have a group of ordinary people, completely informed of the evidence, decide on the facts of the case. To use a judge only, is to risk obtaining a purely technical, or even a personally biased view, not a consensus view. To try to a jury is, in concept at least, to try to the community.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
This tells the court that there are still disagreements between you and the other party, and a Hearing or Trial is necessary to settle the things you and the other party do not agree about.
What's the difference between a Jury Trial and a Court Trial? In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens who listen to the evidence and make the decision. In a court trial, there is no jury present. The judge listens to the evidence and makes the decision.
What's the difference between a Jury Trial and a Court Trial? In a jury trial, the decision of guilt or innocence is decided by either 6 or 12 citizens who listen to the evidence and make the decision. In a court trial, there is no jury present. The judge listens to the evidence and makes the decision.
We recommend a jury trial because it's better to convince multiple people that you are not-guilty rather than one person. In a jury trial, all jurors have to be unanimous–if we can convince one person that you are not guilty, then you won't be convicted. In a bench trial, we only advocate to one person: the judge.
Report for jury service if qualified and not excused or postponed. Failing to respond may result in fines up to $1,500, incarceration, or both. Follow summons instructions and contact the court for assistance.
This tells the court that there are still disagreements between you and the other party, and a Hearing or Trial is necessary to settle the things you and the other party do not agree about.
