You have decided to file a suit, or have just been served with suit papers. Do you demand a jury trial? Not a simple question to answer. If you are the plaintiff, evaluate what type of case you have. Is this the type of case that you would want to hear if you were sitting as a juror? Is it an interesting case, or is it a dry, technical case that requires a great deal of explanation of many complex details? Is the amount involved worth the extra time and expense that a jury trial requires? These are just some of the considerations involved, there are many, many others.

Just because you demanded a jury trial does not mean that you will get one. Some types of cases, for historical reasons, are not heard by juries. Examples include family law cases (divorce, adoption, etc.). Certain types of claims for injunctive relief do not allow for a jury trial.

You did not demand a jury trial. Now the other party has demanded a jury trial-what happens? If you had the right to a jury, so does the other side, and you cannot preclude them from asking for resolution by a jury because you did not ask for it.

There are very specific rules as to how and when a demand for a jury trial is made. If you are considering litigation or have been sued, contact us to discuss your rights, including that of a trial by jury.