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Demand for jury trial sample

Demand for jury trial sample 2025

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The document is a legal complaint filed in a U.S. District Court by a plaintiff against a political subdivision and its director, alleging violations of the First Amendment rights due to wrongful termination and non-hiring based on the plaintiff's reports of misconduct. The plaintiff claims that her discharge was retaliatory for exercising her free speech rights by reporting illegal activities related to the misuse of public funds. The complaint seeks actual and punitive damages, as well as attorney's fees.

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What is the demand for a jury trial?

Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required

What is an example of a demand for relief?

Demand for Relief In the demand, you ask for relief. For example, I demand that these items be returned to me and that defendant pay $250 as compensation for the time which I was deprived of their usage.

Can a prosecutor demand a jury trial?

Prosecutors typically approach a jury waiver from a narrow, tactical mindset. That is, if they believe they have a better chance to prevail if the case goes to a jury, they will insist on that procedure.

Why would a defendant ask for a jury trial?

Defendants generally trust that a jury will acquit or render a not guilty verdict more often (than a judge). The O.J. trial certainly validated this belief. Both the defendant and the People have the right to a jury trial in misdemeanor and felony trials (California Constitution, Article I, 16 and Penal Code 699).

Who is more powerful, a judge or a prosecutor?

Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

Who can request a jury trial in a civil case?

In a wide variety of civil cases, either side is entitled under the Constitution to request a jury trial. If the parties waive their right to a jury, then a judge without a jury will hear the case.

Does the prosecutor determine if a case should be taken to trial?

However, theyre not obligated to take every case to trial. Instead, they exercise whats known as prosecutorial discretion the authority to decide which cases to pursue and how to handle them.

Demand for jury trial sample 2025

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