I am the plaintiff and am in pro per, I would like to have the judge try the cases but the defendants wants a trial by jury. Do I have any options to keep it before the judge that already knows the cases or must it be tried by jury
It depends what the issues in the case are. If the defendant has a lawyer, then the lawyer probably chose jury because the issues can be triable by a jury. Also, no, defendant is entitked to a jury if the case is appropriate for a jury trial.
If there is a right to jury trial and the opposing party pays their jury fees, then the court will grant a jury trial. However, not all cases are jury rights cases, and the right to jury trail can be waived. In California, the most common way this happens is either by the parties selecting non-jury when the trial is set for for the parties not to pay the jury fees. Since the fees are only $150, this is not a major obstacle. If you are trying to avoid jury because of the difficulty of the additional time and procedure, consider that juries sometimes sympathize with individuals caught up in the court system. I hope this works out for you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Depending on the subject matter of the case, there may be a California Constitutional right to trial by jury. So, you may be stuck with a jury trial.
Please consider hiring a lawyer represent you. If the matter is worth litigating, it is worth paying for a lawyer. If you cannot find a lawyer to handle your case on a contingency basis, you may be able to conclude from that fact that your case is not that strong.
Also, depending on the type of case, if you lose, you could be liable for the other side's attorneys fee and costs.
The information provided by me on this website is not legal advice and does not create an attorney-client relationship. You should consult a lawyer experienced in the area of law that applies to your situation for legal advice.
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