Legal Question in Business Law in California
do juries always decide trials in civil cases who else can decide a trial and when would that occur
3 Answers from Attorneys
Most civil trials can be decided by either a jury or the judge. A jury will decide such a case if any party properly asks for one and pays the associated fees. If none of the parties does this, the case will be decided by the judge.
Civil trials can be decided by either a jury or a judge. A "judge trial" is called a "bench trial." In a civil lawsuit, both parties have a say in whether the case is heard by a judge or jury. If only one party wants a jury trial, the case will be heard by a jury. If neither party wants a jury, the case will be heard by a judge. A jury must be requested at a certain time in the case and jury fees must be paid, or else the jury demand is waived.
Some cases never make it to trial and are ended with a decision in one party's favor following a "Motion for Summary Judgment." In that case, the judge decides the outcome.
Additionally, even in some jury trials, there may be certain issues that are decided by a judge and the jury only decides the remaining issues.
I would add to Ms. Darrow's excellent answer by adding that small claims cases are also bench trials.
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