The Illinois Waiver of Jury and Request for Bench Trial is a form filed with the court to waive the right to a jury trial and request that the trial be heard by a judge (known as a bench trial). The form must be signed by all parties, including any attorneys representing them, and must be filed within the time frame specified by the court. In Illinois, there are two types of waiver of jury and request for bench trial: a Standard Waiver and a Civil Waiver. The Standard Waiver is generally used in criminal cases, while the Civil Waiver is used in civil matters. Both waivers are designed to ensure that the parties involved understand the consequences of waiving their right to a jury trial and that they are aware of the right to appeal the decision of the judge.
Illinois Waiver of Jury and Request for Bench Trial
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How to fill out Illinois Waiver Of Jury And Request For Bench Trial?
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FAQ
The Illinois Constitution, Ill. Const., Art. I, § 13, guarantees the right to a jury trial, but the parties may waive this right.
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.
The main factor in choosing a bench trial over a jury trial is that you and your lawyer think a judge is more likely to find you not guilty than a jury. Some of the thinking behind choosing a judge over a jury are: The judge's opinions on certain issues are on record, which may prove favorable to you.
In a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.
This type of trial tends to go faster than a jury trial since there's no need to take the time for jury selection. Also, bench trials often have a less formal feel, making them less intimidating than jury trials.
While we recommend a jury trial in most cases, a bench trial is the better choice when: The defendant wants the case resolved quickly. Bench trials are easier to schedule because a judge can have multiple bench trials in one day. A judge can only have one jury trial in one day.
A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases.
The jury determines if a witness is credible, while a judge determines if a witness' testimony is admissible or not based on the rules of evidence. In a bench trial, however, there is no jury who listens to the evidence and decides on the truth of each opposing party's case.