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What Is a Bench Trial? A bench trial is also often referred to as a trial by judge. This means there is no jury to decide on the case, and the judge will determine if you're guilty. Before you choose which is suitable for you, you should learn the advantages of trial by judge.
Either party to a civil suit in magistrate's court is entitled to a trial by a jury. A party desiring a jury trial in a civil case must make a written request at least five working days prior to the original date set for trial.
Either party to a civil suit in magistrate's court is entitled to a trial by a jury. A party desiring a jury trial in a civil case must make a written request at least five working days prior to the original date set for trial.
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.
(j) Case Stricken From Docket by Agreement. A party moving to restore a case stricken from the docket shall provide all parties notice of the motion to restore at least 10 days before it is heard. Upon being restored, the case shall be placed on the General Docket and proceed from that date as provided in this rule.
Both the United States and the South Carolina Constitutions provide that no person can be charged with a capital, or death penalty" crime or other infamous crime except by indictment of a grand jury. In every criminal case, a person who is charged with a crime has a right to a jury trial.
Ing to the Supreme Court, the jury-trial right applies only when "serious" offenses are at hand?petty 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. (Baldwin v. New York, 399 U.S. 66 (1970).)
The right to a jury trial refers to the right provided by the Sixth and Seventh Amendments. The Sixth Amendment states that in all criminal prosecutions, the accused criminal has the right to a trial by an impartial jury of the state and district in which the individual allegedly committed a crime.