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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33404
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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If you are filing a claim in small claims court, and the other

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If you are filing a claim in small claims court, and the other party ask for a jury trial, what does that entail?
Submitted: 5 years ago.
Category: Business Law
Expert:  Dwayne B. replied 5 years ago.
That question is really too broad to answer. Can you be a little more specific?
Customer: replied 5 years ago.

If I filed a small claims court case, and the defendant requested a jury trial, how are the proceedings different than regular small claims case? Do I need an attorney and does the jury consist of 23 people like a regular court case.

I don't understand how small claims case can have a jury trial since that is the reason you file in small claims court so the Judge can decide the case. What is the reasoning behind the defendant requesting a jury trail?

Expert:  Dwayne B. replied 5 years ago.
There are a lot of differences style wise but the main one is that the evidence is presented to a jury to make the decision rather than a judge. It is usually a little more formal and you have to have a written charge to give to the jury to use in their verdict. The jury trials also take longer than a trial to a judge.

In small claims court it is a 6 person jury (it's never 23, I'm not sure where that number came from).

There could be a lot of reasons that the other side asks for a jury trial, but they really don't have to give a reason. They are entitled to one if they request it and pay the jury fee.

You don't have to have an attorney but jury trials are pretty difficult. You may want to at least get a book on the topic if you don't hire a lawyer. There is one available and designed for people representing themselves at

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