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Retract Jury

Birmingham, AL |

Plaintiff requested Jury Trial. Defendants do not want one. Can Plaintiff retract her request for Jury if decided a Bench is the best decision? How?

Attorney Answers 2

  1. If both sides agree to a bench trial, that's what you will get. The prefers bench trials. In Pennsylvania you would merely file a precipe for a bench trial. Each county is different so I would then call the court clerk to make sure the change was made.
    I am sure someone from Georgia will respond to your question with the specific pleading you need to file, but again you will not have any trouble making the change.

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  2. Yes. If either party requests a Jury, then that requesting party may withdraw the request at any time. A Notice of Withdrawal of Jury Demand will suffice. Note, that our Jury Demand usually costs approximately $100. Once paid, the courts don't usually refund if the requesting party changes their mind. Personally, I'd keep the jury demand.

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