Asked over 1 year ago - Chula Vista, CA
FlagWhich is better for Defendants in breach of contract cases? Jury trial or bench trial?
Without knowing ANYTHING about your particular lawsuit, including the amount at stake or whether you are represented by counsel or the judge assigned to the casel, it is impossible to advise you accurately.
However, generally speaking, breach of contract cases rarely get tried before juries because jury trials are much more expensive to try, and most civil juries aren't too thrilled to be hearing such disputes.
Good answers by both my colleagues. In my experience, if the defense is very technical, one is usualy better off with a bench trial. If the defense is bases on "equity" (hard luck, impossibility of performance) then a jury would be better. Preparing jury instructions and posting of jury fees are a complexity and expense that need to be considered.
My colleague is absolutely right. Without knowing about the facts about the case, the claims, and the parties, there is no way anyone can answer.
You need to speak with a local litigator who has expertise in trying your type of contact case in the specific venue (where the case will be tried). If you cannot afford an attorney for full representation, at the very least retain an attorney so they can advise you on the law and procedure.
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