Montana Answer, Crossclaim and Demand For Jury Trial

Name: Montana Answer, Crossclaim and Demand For Jury Trial
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.81 (253 reviews)

Category:

Montana Court Samples - Quiet Title - Real Estate - Sample Case 2

State:

Montana

Control #:

MT-KL-573-03

Format:

Instant download

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Description

A03 Answer, Crossclaim and Demand For Jury Trial

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FAQ

In most civil litigation, either party may demand a jury trial, and this demand cannot be vetoed by the other party.

Today, prosecutors routinely deny jury trials to individuals who request them. Yet, in situations where the government is required by law to allow juries, prosecutors suddenly demand a jury when particular persons request to be tried by a judge.

According to the Supreme Court, the jury-trial right applies only when serious offenses are at handpetty offenses don't invoke it. For purposes of this right, a serious offense is one that carries a potential sentence of more than six months' imprisonment.

In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable.A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.

A formal declaration by a party in reply to a prior declaration by an opponent.

A bench trial is also faster and the judge often returns a finding (the functional equivalent of a verdict) much quicker than in a jury trial.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 A§ 699).

When cases are tried before a jury, the judge still has a major role in determining which evidence may be considered by the jury. The jury is the fact-finder, but it is left to "find" facts only from the evidence which is legally admissible.

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.

A jury trial is usually heavily favored by most defendants because it allows twelve persons, rather than one, to determine witness credibility and, in some cases, unreasonable conduct by police. Some people consider a jury trial a right against government oppression.

Montana Answer, Crossclaim and Demand For Jury Trial

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Can a plaintiff demand a jury trial?

Can you refuse a jury trial?

What triggers a jury trial?

Can a jury demand be withdrawn?

Is a reply a responsive pleading?

Is it better to have a trial by judge or jury?

Who decides if it is a jury trial?

What does demand for trial by jury mean?

Should I request a jury trial?

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