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


Asked on 11/21/03, 1:06 pm

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

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.

www.SelikLaw.com

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Answered on 11/25/03, 5:58 pm
Robert F. Cohen Law Office of Robert F. Cohen

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!

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Answered on 11/25/03, 6:26 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: I'm being sued

The others gave the best answer.

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Answered on 11/25/03, 7:04 pm
Donald Holben Donald R. Holben & Associates, APC

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.

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Answered on 11/25/03, 5:37 pm


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