California Eviction Law
Jury vs. Non-Jury Trials
The parties to an unlawful detainer lawsuit have the right to a jury trial, and either party can request one. When your Unlawful Detainer Complaint is filed with the Superior Court, you have the option of requesting a jury trial or a non-jury trial. A non-jury trial is referred to as a "bench trial" and a judge will preside over the proceedings. In deciding to choose a non-jury trial, you are giving up your right to a jury trial. The court will then send the parties a document called a Memorandum to Set Case for Trial (called an "At-Issue Memorandum" or a "Memo to Set" in some counties). This document will provide notice to your tenant(s) informing them of whether you have requested a jury trial.
Call us today!
Most unlawful detainer cases use the "bench trial" method.
Most unlawful detainer cases are tried using the "bench trial" method. There are several good reasons for this: first, presenting a case to a jury is more complex than presenting a case to a judge, and a nonlawyer representing himself or herself may find it very difficult; second, the party requesting a jury trial will be responsible for depositing the initial cost of jury fees with the court; and third, the losing party will have to pay all of the jury costs.
| © 2000-2012 Express Evictions | Sitemap |
