The Massachusetts Waiver of Jury Trial is a legal document in which a party to a lawsuit voluntarily gives up their right to a jury trial. The waiver must be signed by both parties and filed with the court. There are two types of Massachusetts Waiver of Jury Trial: a general waiver, which waives the right to a jury trial in all future cases, and a specific waiver, which waives the right to a jury trial for a single case. The general waiver is typically used when a party is involved in multiple cases, while the specific waiver is used for a single case. Both types of waivers must be signed by both parties and filed with the court.
Massachusetts Waiver of Jury Trial
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Waiver of Jury Trial
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The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. U.S. Const.
Waiving the right to a jury trial means that the judge alone will hear and decide the case. Known as a ?bench trial,? this option is unquestionably cheaper and faster than trying the case before a jury. Juries must be selected, instructed, and waited on during deliberations.
The Massachusetts Constitution guarantees the right to a jury trial in virtually all criminal prosecutions and provides for jury trials in civil cases. The Sixth Amendment to the United States Constitution also guarantees the right to trial by jury in most criminal prosecutions.
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.
A jury trial is a fundamental right in this country. A defendant also has the right to waive a jury trial at any time before the jury has been empanelled. A court may refuse to accept a waiver, but such refusal must be for good and sufficient reason.
A defendant who wants a speedy resolution of his/her case may choose to waive a jury trial. Where the issue of guilt is more technical ? meaning, whether the facts fit the law ? it may be better to have a judge decide the issue.
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against 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.