Legal Question in Personal Injury in California
I'm being sued
I'm being sued by a person for personal injury. He has an attorney and I am pro-per. The attorney has asked for a court trial. I want a jury trial. What is the go about, i.e what forms etc. should i use?
Thanks
4 Answers from Attorneys
Re: I'm being sued
It depends on which Jurisdiction you are in. But you should file a document entilted "Demand for Jury Trial" and go to the clerk's office and post the deposit for a jury trial.
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Re: I'm being sued
Assuming the case is in state (i.e. superior) court, you must post the jury fees with the accounting clerk in the courthouse at least 25 days before the first-set trial date. Send the other side a notice of posting of jury fees. A letter would even be sufficient. Code of Civil Procedure section 631(b) states: "(b) Each party demanding a jury trial shall deposit advance jury fees with the clerk or judge. The total amount of the advance jury fees may not exceed one hundred fifty dollars ($150) for each party. The deposit shall be made at least 25 calendar days before the date initially set for trial, except that in unlawful detainer actions the fees shall be deposited at least five days before the date set for trial." Good luck to you!
Re: I'm being sued
The others gave the best answer.
Re: I'm being sued
I would make certain you reserve a jury within the time period allowed by the court. Since I do not know status, not know timing, however, courts usually set the date for filing notice and jury fee deposit. Don't let the date go by, however, sometimes no notice by court.