Minnesota Sample Letter for Trial Setting for Non-Jury Trial
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Rule 39. Issues of fact not submitted to a jury as provided in Rule 38 shall be tried by the court.
Rule 21. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or upon the court's own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
jury trial is a criminal trial in which the judge acts as the jury. In a typical jury trial, the judge is there to make ruling on legal issues such as the admissibility of certain evidence and whether certain motions should be granted or denied.
The verdict in a criminal case must be unanimously decided, meaning every single one of the jurors must agree with a finding of guilty or not guilty. If even one juror disagrees with the outcome, there can be no final judgment in the case. When a finding is not unanimous, this is referred to as a hung jury.
A defendant has a right to a jury trial for any offense punishable by incarceration. All trials must be in the district court. (b) Misdemeanors Not Punishable by Incarceration. In any prosecution for the violation of a misdemeanor not punishable by incarceration, trial must be to the court.
Rule 38. In actions for the recovery of money only, or of specific real or personal property, the issues of fact shall be tried by a jury, unless a jury trial is waived or a reference is ordered.
The Right to a Jury Trial The Minnesota Constitution, Article I, Section 4 guarantees a jury trial in the state court system. The right of the defendant to fair legal process includes having his or her fate determined by ?a jury of peers,? meaning representative members of the community.