This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
North Dakota Complaint For Failure Of Insurer To pay Benefits - Jury Trial Demand
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Bench Trial Cons The disadvantage of having a shorter trial is that there is less time for both sides to present their case. Additionally, because the judge is the only one making a decision in a bench trial, some people feel that this can lead to bias or partiality.
One of the best reasons to choose a bench trial is having a complicated legal issue that a jury wouldn't understand. Another reason for this option is trying to keep the trial short and legal costs low. Additionally, municipal courts only offer bench trials, not jury trials, so you might not always have a choice.
Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...
A stipulated bench trial involves the use of certain evidence (such as testimony at a pre-trial motions hearing) as the State's entire offer of proof on a key issue.
Bench Trial Cons The disadvantage of having a shorter trial is that there is less time for both sides to present their case. Additionally, because the judge is the only one making a decision in a bench trial, some people feel that this can lead to bias or partiality.
In a stipulated bench trial, prosecutors present a set of agreed-upon facts they feel are sufficient to uphold a conviction on one or more counts.
A defendant may elect for a bench trial because judges can apply the law in a more neutral, dispassionate way. Given their professional experience, they can set aside any potential biases. For example, a bench trial may be preferable if the case is high-profile and has attracted wide press coverage.
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.