Montana Complaint and Demand for Jury Trial regarding Negligence

According to the Supreme Court, the jury-trial right applies only when serious offenses are at handpetty 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.

All defendants in state criminal cases are entitled to jury trials according to the federal standard for "serious penalties" used by the Supreme Court. However, if the offense carries a sentence of 6 months or less, then a jury trial isn't mandated and the state can decide whether to require a jury trial.

A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases.

Juvenile court proceedings are an exception to the right to public trials. These are generally closed to limit the future consequences for the juvenile defendant. (Their name is usually removed from the court documents for the same reason.)

The right to a jury trial is one that belongs to the defendant, so it is typically the defendant's choice for a judge or jury to decide his or her fate.Both the defendant and his or her attorney consent to waiving the right, The defendant knows what he or she is giving up, and. The waiver is voluntary.

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

Today, prosecutors routinely deny jury trials to individuals who request them. Yet, in situations where the government is required by law to allow juries, prosecutors suddenly demand a jury when particular persons request to be tried by a judge.

It might be to your advantage to waive your right to a jury trial if your case will be heard before a judge who is known to be more lenient. An experienced attorney who knows the local courts may be able to determine whether it is in your best interest to have your case heard by a judge.