Montana Complaint and Demand for Jury Trial

State:
Montana
Control #:
MT-KL-594-01
Format:
PDF
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A01 Complaint and Demand for Jury Trial
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FAQ

You Can Be Penalized for Non-AttendanceIf you receive a jury summon in the mail, ignoring it won't make it go away. According to Montana law, If you fail to appear or appear but refuse to serve, it can result in one or all of the following: Up to a $1,000 fine. Imprisonment for up to 3 days.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be

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

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).

Will I be paid for jury service? Current Montana law sets the compensation level for jurors at $12 plus $0.555 for mileage. If you are selected to hear the case you will be paid an additional $13.

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.

Litigants denied a civil jury trial by a federal district court have at least three options: petitioning the court of appeals for a writ of mandamus; pursuing a permissive interlocutory appeal under 28 U.S.C. 1292(b); or appealing the denial of a jury trial after final judgment.

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Montana Complaint and Demand for Jury Trial