South Carolina Sample Letter for Date of Trial
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How to fill out Sample Letter For Date Of Trial?
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(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.
The decision to have your case tried in front of a jury or in front of a judge is yours and yours alone. Your lawyer can help you make the decision, but ultimately, it's the defendant's choice. Put simply: a defendant has the option of having a judge or a jury hear the case.
Juries Can Be Sympathetic Unlike an impartial judge, the panel of individuals on your jury could be swayed by emotion and personal experience. This may work in your favor. If you have been overcharged for the crime in question or are a sympathetic defendant, some jurors may be more likely to back you.
In South Carolina, it generally takes one year from the date a lawsuit is filed for that case to be called to trial. However, insurance companies often try to delay the process, resulting in cases not being called to trial for 18-24 months. Fortunately, most accident cases settle short of 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.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
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.
Lawyer folk wisdom often points to choosing a jury if a case has emotional appeal, and choosing a judge if a case is complex and based on technical legal questions. Of course, you may end up with a jury trial even if you prefer a judge trial because your adversary may have an independent right to request a jury trial.