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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31590
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Mr. Adams , How are you ? Quick ? my

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Mr. Adams ,
How are you ? Quick ? my mgr filed a lawsuit against a def for non payment of repairs - well just a few days before trial the def atty filed a last minute request for a jury and was approved by the clerk or judge is there a counter motion that we can file for late filing of jury request because its obvious the atty filed this because he just came on board and wanted an extension . I want to file a motion to have a bench trial as we filed orginally and to have the trial earlier then July 25 because we have been ready to try this case since March 2013 .
Hi - I'm doing well! Thanks for looking me up again.

Either party is entitled to a trial by jury if they make a request to the court, so there's not likely anything you can do about the request being made. However, you can file a motion and ask the court to keep the same trial setting/trial date so the case isn't moved from its current setting.

That's really the only thing you would be able to do at this juncture. You just have to make clear to the judge that the request was made to delay the case, and that you are asking that the granting of a jury trial doesn't mean that your case will be put off any longer.

I hope this answers your question, but if you need something else, please don't hesitate to ask.

Thanks.
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