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Retract Jury

Birmingham, AL |
Filed under: Lawsuits and disputes

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

Posted

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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4 comments

Asker

Posted

For a pro-se plaintiff, is it better just with judge?

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

Depends on the case and it depends on the judge.I'm assuming the other side has a lawyer. I agree that in a jury trial there is a lot more formality. "I'm really not familiar with this, I'm not a lawyer" may work for a short period of time, but even the most understanding judge will lose patience with this quickly. What is your case about?

Asker

Posted

:), I completely agree. Um, It is a civil case. MED MAL. I have enough to learn than to add pressure of learning how to work the Jury Trial. They do have lawyers. I could not get a lawyer. But, I did not want to give up.

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

Jury trial or bench trial, you cannot do this without an attorney. Medical negligence cases are difficult for even the most experienced attorney. Do you have a doctor who will be coming to trial and testify that the care and treatment you received from fell below the applicable standard of care and caused you an injury. Without that opinion you will not need to worry about a jury trial or a bench trial since your case will be dismissed way before that. I suspect you could not find a lawyer to handle the case because such an opinion from a medical expert could not be secured in your case and/or the damages were not significant enough so that even if the case was successful it would not result in a meaningful economic recovery to you.

Posted

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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