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To waive a right to a jury trial, the defendant must consent in writing. The defendant also must be aware of and understand the implications concerning his agreement to waive the jury trial. In other words, a defendant's waiver of a jury trial must be voluntary, knowing and intelligent.
The courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, designed to produce a resolution of a dispute without the need for trial or other court proceedings. As a result, litigants often agree to a ?settlement.? Absent a settlement, the court will schedule a trial.
Bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial.
Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law. The word bench in the law is in reference to the judge, so a bench trial is a trial conducted by a judge, as opposed to a jury trial.
It's difficult to take a case to the Supreme Court because the Supreme Court chooses which cases to hear and they don't choose very many.