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New York Complaint For Misrepresentation of Dairy Herd Feeding System - Jury Trial Demand
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How to fill out Complaint For Misrepresentation Of Dairy Herd Feeding System - Jury Trial Demand?
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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 ...
The party demanding a jury trial must prepare and file with the clerk a demand for a trial by jury with an affidavit stating specifically what issues of fact require such a trial and indicating that the jury demand is desired and intended in good faith. There is a required fee to be paid at the time of filing.
What is the difference between a jury and a bench trial? A jury trial is where a jury hears the case, and a bench trial is where a judge hears the case. A jury is made up of people from the community or jurisdiction of the court.
To waive a right to a jury trial, the defendant must consent in writing. The defendant also must be aware of and understand the implications concerning his agreement to waive the jury trial. In other words, a defendant's waiver of a jury trial must be voluntary, knowing and intelligent.
New York State Constitution Article 1 §2 Right to trial by jury; waiver thereof. Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
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.