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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100017
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have been requesting a jury trial on an easement issue in

Customer Question

I have been requesting a jury trial on an easement issue in Okanogan County Washington.
My request was ignored by my prior Attorney and is set for a bench trial july 31st.
A pre- trial conference was just held, and the judge that was present said there is a road on your property and you are going to lose the case. There was never a road on my property. All the recorded documentation is in my favor. I am requesting a jury trial a
jury will see this differently. I have been told I probably will not be allowed to have a jury
trial. What are my rights to this a a civil matter. And what is the Law?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation.
1) What COURT is this in? Example: Superior Court, District Court, etc.
2) Has a WRITTEN request for a jury been filed with the Court? If so, when (what date)?
3) What date is the trial?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
It is in the Superior court of Okanogan County. A written request is being filed by my Attorney tomorrow. Note: he said
they will probably turn it down..... I have always ask for a jury trial and it was never processed I need a jury trial or I am
probably going to lose my property. Trial date is July 31st. A bench trial. I will lose at this bench trial I was told by the
.Judge at the pre-settlement conference. This will not happen with a Jury.
Customer: replied 1 year ago.
It is in the Superior court of Okanogan County. A written request is being filed by my Attorney tomorrow .. Note:
He said they will probably turn it down.... I have always ask for a Jury trial and it was never processed. I need a Jury
trial or I am probably going to lose my property. Trial date is July 31st 2015, a bench trial. I will lose at a bench trial, I
was told by the Judge at the pre-settlement conference. This will not happen with a Jury trial.
Expert:  Ely replied 1 year ago.
Thank you for your reply and my sincere apologies for the wait, as I was offline when you had responded.
There was likely a misunderstanding, as juries are a right in most cases in AZ, including civil cases. I do not mean to disagree with one's attorney and one's attorney normally has a better feel for what is occurring in the case. However, there may have been some kind of miscommunication - likely - about this issue.
Arizona Constitution, Article 2, Section 23 guarantees the right to jury trial in both civil and criminal cases, stating:
The right of trial by jury shall remain inviolate. Juries in criminal cases in
which a sentence of death or imprisonment for thirty years or more is
authorized by law shall consist of twelve persons. In all criminal cases the
unanimous consent of the jurors shall be necessary to render a verdict. In all
other cases, the number of jurors, not less than six, and the number required
to render a verdict, shall be specified by law
.
A.R.S. 21-102 states:
C. A jury for trial in any court of record of a civil case shall consist of eight
persons, and the concurrence of all but two shall be necessary to render a
verdict.
. . .
E. The parties in a civil case, and the parties with the consent of the court in
a criminal case, may waive trial by jury, or at any time before a verdict is
returned consent to try the case with or receive a verdict concurred in by a
lesser number of jurors than that specified above.

Provided the jury demand is properly and timely filed, the Court will generally allow the jury as it is one's right in a civil case.
Again, my apologies for the wait.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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