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My complaint clearly states my request for a jury trial. The

 
JD 1992's Avatar
  • Answered by:JD 1992
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My complaint clearly states my request for a jury trial. The court just set the case for a bench trial. I don't want a bench trial, I want a trial by jury. This is an impermissible purpose FCRA case. Do I file an objection into the case and demand a jury trial?

 

Optional Information:
Country relating to Question: United States
State (if USA): Arkansas

Submitted: 331 days and 1 hours ago.
Category: Legal
Value: $25
Status: CLOSED
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Expert:  JD 1992 replied 331 days and 1 hours ago.

Did you pay your jury fee?

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Customer replied 331 days and 1 hours ago.

Hmmm didn't know there was one. Wasn't asked to pay one. Filed Informa Pauperis. Another previous case for same violation was sent to jury without me paying anything.

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Expert:  JD 1992 replied 331 days and 1 hours ago.

Let me check something. I'll be back in a little while.

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Expert:  JD 1992 replied 331 days and 1 hours ago.

I apologize, when I first read your question I thought it was a Texas question but after getting the rule number I looked again and now it is saying Arkansas. I'm not sure if I just misread it or if there was a glitch.

I am familiar with both states, but just so we're clear, are you asking about Arkansas or Texas?

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Customer replied 331 days and 1 hours ago.

Arkansas.

Accepted Answer

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Expert:  JD 1992 replied 331 days and 1 hours ago.

All right. Sorry for the confusion. Arkansas doesn't require the jury fee, they just require that a request be made in writing. My guess is that the judge just missed your request, since normally the request is either made at the end of a petition in a separate paragraph or in a completely separate document.

At this point you would need to file an "Objection to Bench Trial" and in that objection attach a copy of your petition as an exhibit and specifically reference the page and paragraph in which the request was made.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

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Answered: 5/9/2012

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Customer replied 330 days and 23 hours ago.

From the penny wise and pound foolish department - the complaint that has the last paragraph "Demand for Jury Trial Plaintiff hereby demands a trial by jury of all issues so triable as a matter of law" is 17 pages. I'm not allowed to file electronically and there are 3 defendants to mail to. Am I required to send the exhibit to all the defendants (I'll send it to the Court) or can I just send the Objection, referencing the Exhibit (which is available electronically). Just trying to save some dough but I don't want to lose the objection because I didn't follow protocol.

Accepted Answer

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Expert:  JD 1992 replied 330 days and 23 hours ago.

You can just reference it without attaching the petition but don't attach it to any if you don't want to attach it to all.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked.

I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.6 %
Accepts: 11202
Answered: 5/9/2012

Experience: Began practicing law in 1992

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