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Relief from waiver of jury trial in California pursuant to Code of Civil Procedure section 631(g)

Relief from waiver of a jury trial  In California pursuant to Code of Civil Procedure section 631(g) is the topic of this blog post.  On occasion attorneys or parties will inadvertently fail to file a timely request for a jury trial or otherwise inadvertently waive the right to trial by jury.

The right to a jury trial in all cases in California is authorized by Article I, section 16 of the California Constitution which states in pertinent part that, “Trial by jury is an inviolate right and shall be secured to all.”

Code of Civil Procedure § 631(g) states that, “The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.”

Several decisions of the California Supreme Court and the Courts of Appeal have stated that the right to a trial by jury is a basic and fundamental part of the California legal system.

Even if the right to a trial by jury has been waived the trial Court still has the discretion to permit a trial by jury. The California Courts of Appeal have stated in several decisions that a trial Court should grant a motion for relief from a waiver of a jury trial except in cases where granting relief would cause serious hardship to the objecting party. Prejudice must result from the granting of the relief from waiver, not prejudice from a jury trial. Issues such as rescheduling, lack of funds, and the timeliness of the request may be considered.

The California Supreme Court has stated that when there is doubt concerning the propriety of granting relief from waiver, such doubt should be resolved in favor of the party seeking a trial by jury. Grafton Partners v. Superior Court (2005) 36 Cal.4th 944, 956.

If there is no prejudice shown to the objecting party or the Court from any inadvertent waiver it is an abuse of discretion to deny relief from waiver as stated in several California Court of Appeal decisions.

Attorneys or parties in California who would like to view a portion of a 12 page sample ex-parte application for relief from waiver of jury trial containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration declaration regarding ex-parte notice and proposed order sold by the author can see below.

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by visiting: http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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