why does an attorney request for trial by jury in a regular claims court.?

Question

I am sueing for 20,000.00 started @district on reg claims. Atty. for defen. read my complaint and answer and now is asking for trial by jury. Received notice of docketing of casewarning to pay special atten to rule 12 regard filing and content of pre trial statement.

Answer 1

The real answer is that if a jury trial is not asked for within a specified time limit, it is waived. They ask before they know if they want one or not to preserve their client's right to one.

Answer 2

The fact that someone is asking for trial by jury infers that this is not a 'clear' case of one good guy and one bad guy. With a jury, a skilled attorney can obtain the verdict they want, whether it's truly 'just' or not. Remember, it was a jury that acquitted OJ!

Based on what little information you have given, it seems likely you have "probable cause" to bring the suit, whatever it's about, but that the Attorney for the defnse thinks that explaining all the facts to twelve of your peers is likely to result in the suit being thrown out. You might want to make sure you won't be liable for all court costs in the event that you lose, and that there aren't grounds to bring a counter-suit.

Best wishes!

Answer 3

It's actually up to the client to make the decision, not the attorney. The attoney advises the client (here defendant) but the client makes the call.

A jury trial is allowed in civil matters in most states. And guaranteed for federal civil trials under the 7th Amendment. There are different ways to argue the case before a judge or a jury, and the defendant here thinks they'll have better luck before a jury. That's their right.

Answer 4

a jury can be used when there is a relevant question of fact in the case, which means one of the facts your lawyer based your case on the defense has denied. In most cases, it's up to the defense to decide whether a jury will be used, under the discretion of the judge. The other party must submit what claims they are denying, and your lawyer will try to show the jury that the claims you brought up are correct.

I'm not exactly sure what rule 12 you are talking about, whether federal or state civil procedure rule.

Answer 5

To intimidate/trick you into acquiring a fellow double-agent of the "court" (legal specialist [traitor]) with a purpose to manage the count number to their mutual income. A jury trial is honestly an rather volatile concern for an legal specialist, a lot, a lot riskier than formerly a so-said as "choose"(and fellow officer sworn to at least one yet another in loyalty [not integrity] to carry 'until eventually lifeless for violating their shared oath). that is likewise a lot, a lot extra severe priced for the defendant. they're maximum likely purely bluffing. If the benefits of your case are valid this honestly works on your favor, don't be deceived by those notorious liars' antics.