Will My Case Go Before a Judge or Jury?
Which is Better?
There
are many factors that determine whether your case will proceed
before a judge or a jury. Many states have a threshold that
the alleged damages must meet in order to give the plaintiff
the right to request a jury. This is also known as the "amount
in controversy." For instance, if the case does not allege
damages of at least $50,000, then the plaintiff may not be
entitled to a jury.
Even if the case alleges damages of more than $50,000, (in
the example above), the plaintiff is not required to request
a trial by jury. If the plaintiff does not request a trial
by jury, then the case may proceed to trial before the judge.
However, if the amount in controversy meets the threshold
for a jury trial, and the plaintiff does not request a jury,
the defense has the constitutional right to request a trial
by jury. However, the defense usually has only a limited time
after service of the complaint or petition for damages to
request a jury. Otherwise, both parties are deemed to want
a judge or bench trial.
Some states also prohibit the request for a jury when the
state, or a political subdivision of the state is involved
as a party. In such instances, the plaintiff is not entitled
to a jury even if he wants one and the amount in controversy
is sufficient. Some states allow the state or its political
subdivision to waive its right to a judge trial and request
a jury.
The demographics of the jurisdiction where the case is pending
may dictate whether the plaintiff's attorney requests a trial
by jury. In conservative jurisdictions, bench trials may be
more favorable. In more liberal jurisdictions, the plaintiff's
attorney will want to request a trial by jury. In addition
to the demographics of the jurisdiction in which the case
is pending, other factors influence the decision to request
a trial by judge or jury. The background of the plaintiff
and other witnesses is one factor. The philosophical and political
background of the judge involved may also be a factor.
The amount of potential damages and the nature and permanence
of the injuries may also be important factors. Evidentiary
issues involved in the case may also have a bearing on the
decision. If the judge excludes evidence from the jury, it
may be better to have a jury try the case. In making the decision
to exclude the evidence, the judge must hear the evidence.
Thus, he will know the evidence even if he is not allowed
to "formally" consider it.
Juries are not allowed to hear certain evidence which the
judge may know. For instance, most states do not allow evidence
of a settlement with another party (in a case involving multiple
defendants) to be heard by the jury. Thus, if a settlement
with another party has been made, a jury trial request may
be in order.
There is usually not one factor that definitively determines
whether your attorney will request a trial by jury or judge.
Only through experience with many of the above factors involved
in your jurisdiction can your attorney make the best decision.
The Cochran Firm - Dallas, L.L.P.
Turtle Creek Centre, Suite 1400
3811 Turtle Creek Boulevard
Dallas, Texas
75219
phone:
214.651.4260
| fax: 214.651.4261
Edward H. Moore is Board Certified, Personal Injury Trial Law. Unless otherwise noted, not certified by the Texas Board of Legal Specialization.
The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and its associated pages. |
Copyright © 2003 The Cochran Firm - Dallas, L.L.P.,
All Rights Reserved.
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