Legal Question in Civil Litigation in California
Killing of animals
Can a judge award civil damages without a jusry trial if the defendant requests one?
3 Answers from Attorneys
Re: Killing of animals
To answer your question, yes a judge sitting alone can award monetary damages in favor of a plaintiff and against a defendant. A jury is not required to award damages. When a party waives a jury trial, and has the judge hear the evidence and decide the case, it is called a bench trial.
Very truly yours,
Re: Killing of animals
I'm not sure what your question has to do with the "killing of animals", but it's worth answering nonetheless.
Defendants have a right to a jury trial but they must exercise that right properly. If they don't, they can inadvertantly waive their right to a jury trial.
In most courts there is a deadline by which a party must demand a jury. In some courts the demand must be made when the party enters the case. In others the deadline may be shortly before trial. Most jurisdictions also require the party that demands a jury to post jury fees and set a date by which this payment must be made. These fees, in turn, help pay the jurors' per diems and expenses.
A defendant who misses one of these deadlines waives his right to a jury. In many jurisdictions the court can relieve the party from that waiver on a showing of good cause.
Re: Killing of animals
If I were a defendant in a civil trial in which the plaintiff was seeking damages for the "killing of animals," I'd waive my right to a jury trial and take my chances with the judge.