Legal Question in Civil Litigation in California

Case management statement-

If you request a jury trial on the CMS, are you able to change your mind later? If the other party does not request one, how is it decided if it will be a jury trial or not? Is the $150 jury deposit refundable if there is no jury? Can you try to recoop the costs if you prevail in the court case?

Thanks


Asked on 9/28/09, 1:41 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Yes, you are allowed to change your mind after asking for a jury. If any party wants a jury (and follows the procedures to get one) then there will be a jury, regardless of what the other parties want.

Your question about a refund of jury fees "if there is no jury" is unclear. If you properly asked for a jury and paid the fees, then you will get a jury. Maybe you're asking whether you can change your mind after paying the fees and then get a refund; I don't know the answer offhand.

And yes, jury fees are among the costs you can recover from the other side if you win.

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Answered on 9/28/09, 3:50 pm


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