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.
Jury Trial Demand Withdrawn In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000287
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FAQ
The failure of a party to serve and file a demand as required by this rule constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.
At any point after a criminal trial starts, a judge must remove any juror when it becomes clear that the person is disqualified for any of the “for cause” reasons for disqualifying potential jurors before trial, including: bias for or against the defendant.
It means that the court has ordered the Trial hearing date off of the calendar. This can be due to any number of issues. Check the minute order to see if the Court stated the reason why it was vacated.
A vacated judgment (also known as vacatur relief) is a legal judgment that legally voids a previous legal judgment. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court.
There are various reasons why a defendant might consider waiving their right to a jury trial. For instance, they might aim to resolve the case swiftly or keep it out of the local news. Alternatively, they might have a lengthy criminal record and wish to minimize public exposure.
(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 A proper demand may be withdrawn only if the parties consent.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 motion to vacate specifically asks a judge to cancel something. If a judge or jury convicted you of a crime — or you pleaded guilty — then a motion to vacate might ask the judge to cancel the conviction.
There are various reasons why a defendant might consider waiving their right to a jury trial. For instance, they might aim to resolve the case swiftly or keep it out of the local news. Alternatively, they might have a lengthy criminal record and wish to minimize public exposure.
This right is also preserved in Article I, Section 16 of the State Constitution of California. However, there may be times when it's in your best interest to waive your right to a jury trial, whether in favor of a bench trial, where a judge decides your verdict or as part of a plea deal.