This is a multi-state form covering the subject matter of the title.
Demand For Trial By Jury In Washington
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Multi-State
Control #:
US-000291
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Word;
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FAQ
A jury trial demand is a request to have your case decided by fellow citizens as opposed to the judge should you proceed to trial. The decision to choose or waive a jury trial lies with the defendant.
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.
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 ...
An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.
Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.
Who can be excused from serving? Those eligible may be excused from jury service if they have illnesses that would interfere with their ability to do a good job, would suffer unusual hardship if required to serve, or are unable to serve for other legitimate reasons.
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).
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.