Do You Know How to Demand a Jury Trial?

So you made the decision – you are going to file a will contest   in West Palm Beach. So what is next? You will have some important decisions to make. Are you going to want a jury trial ? Do you know what you need to consider in determining whether or not you want a Palm Beach jury trial for your will contest? Take a look at this case out of the Fourth District Court of Appeal where a demand for a jury trial was demanded.

Demands for Jury Trial

• If you are in a criminal trial it will be assumed you want a jury trial unless you waive that right and accept a bench trial.
• A bench trial is a trial conducted by a judge in the absence of a jury.
• But if you are in a civil trial you will have to demand a trial.
• What happens if you fail to demand a Palm Beach jury trial?
• You may waive your right to a trial by jury in West Palm Beach.
• Do you know when you have to assert your claim to a jury trial?
• Experienced Palm Beach probate litigators know that the best time to demand a jury is in the complaint.
• Now what happens if you wanted a jury trial originally, can you undo your demand?
• Although you may think that since it is your right you can also revoke your demand, but you are mistaken.
• In West Palm Beach if you demand a jury trial you cannot switch to a bench trial if your adversary consents.
• Does that make sense?
• Also you can only demand a jury trial in West Palm Beach within ten days of a relevant pleading.
• Do you know what those pleadings are?
• What happens when you fail to make that demand in time?
• Take a look at this case.

Wolfe & Wolfe v. Smilack

• In this case out of the Fourth District Court of Appeal, two parties filed a lawsuit against their former lawyers but they forgot to include a demand for a jury trial.
• Ultimately it was decided that they had waived their right to the trial.
• So the plaintiffs decided to not show up to court!
• Can you guess what happened?
• The court held them in default and sided with the defendants.
• Now they are in the hole for attorney’s fees too!

Want to learn more?

Check out the entire case by clicking here.