How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
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.
11068102
Type Your Business Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

If you are filing a claim in small claims court, and the other

Resolved Question:

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 http://lessonsinlaw.com/the-guerrilla-guides-to-the-law/

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. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. 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.
Dwayne B. and other Business Law Specialists are ready to help you