How To Request a Trial by Jury for a Small Claims Suit
You can choose a jury in small claims court.Make sure to check with the court clerk to make sure you follow the rules for requesting the jury.To pick a jury, you need to analyze who you think will be sympathetic to your case and try to excuse potential jurors who might be biased.You will need to practice opening and closing statements and give the judge a set of jury instructions for a jury trial.
Step 1: You can ask for a jury trial.
Not every small claims court will allow you to have a jury trial.A bench trial is where the judge decides the verdict.A jury trial is an option if you choose to go to small claims court.Ask your court clerk.A jury trial may be requested in some states.The person bringing the lawsuit can't request a jury trial in some states.Check to see if the jury trial will be held in small claims court.The case will be transferred out of small claims to the regular civil courts if you request a jury.
Step 2: Tell me why you want a jury trial.
Why do you want a jury to hear the case?It is easier for the judge to hear and decide the case.You will have to question and select jurors if you request a jury trial.You should be sure of your reasons for requesting a jury.You might want a jury because you think they will be more sympathetic to you.That could be true, depending on the case.The juries tend to be sympathetic to small business owners.If you are suing a small business, you may not want a jury trial.If you are a small business owner being sued, a jury trial might make sense.A bench trial may be better if the issues are complicated.Judges are better at focusing than jurors.
Step 3: Request a jury trial.
Depending on the court, the process for requesting a jury trial is different.You have to include your request for the jury in your complaint in Illinois.At their first appearance in court, a person must request a jury trial.You may have to submit multiple documents in some courts.There is a pamphlet that explains small claims court procedures.The jury in New York must decide on the factual dispute and the defendants must affirm that the dispute is in good faith.Don't forget to pay attention to your deadlines.If you wait until the day before your trial, you can request a jury.You have to make your request within a certain number of days after you receive the notice of claim.You will not be able to request a jury if you miss the deadline.
Step 4: You have to pay a fee.
You don't usually get the jury free.The fee is set by the court and will vary depending on where you bring your case.You have to pay a $5 fee in Dallas County.You have to pay $55 to request a jury trial in New York.
Step 5: If possible, withdraw the request.
It is possible that you will not want a jury trial after all.The court will determine the process for withdrawing your request.The other side must agree in order for you to withdraw your request for a jury.
Step 6: Prepare by watching a trial.
You should attend a small claims court trial to learn about jury selection.Courthouses are usually open to the public, so check the court's calendar to see when cases are heard.Go to the courthouse and sit quietly in the back with a notepad.Potential jurors should pay attention to the questions the judge asks.The parties to a lawsuit can ask questions in some courts.Understand the jury selection process.If you get a lot of peremptory challenges, you can keep them off the jury without giving the judge a reason.You can ask the judge to excuse a juror for cause.In civil court, jury selection might be more frequent.
Step 7: Look for potential jurors.
On the day of your trial, court personnel will pick a group of potential jurors from a jury pool.You will get a list of their names.You might want to do quick research on these people if you have time.You can check if they have social media accounts.One juror has recently complained about her home repair.If you were to file a lawsuit against a carpenter, this person would be an asset to your jury.You don't want your phone going off in court, so you might not want to do research unless you can completely hide the phone.It is still annoying when most phones buzz.Outside of the court room, a friend or family member can do research if you attend your trial with them.
Step 8: Analyze the jurors.
Potential jurors will be asked if they've ever served on a jury.You could ask the jurors questions if the judge allows it.You can learn a lot from jurors' answers and body language.Ask about experiences that are relevant.A juror who has had a bad experience with a vet could be a great juror.If you are a vet, they would be terrible jurors.If you have a complicated case, you might want jurors with higher education.Don't forget to pay attention to body language.The judge might ask the juror if they can be fair.A juror who looks away or answers "yes" in a grudging manner is probably lying.
Step 9: You should exercise your challenges.
If a juror admits to being biased or knowing the other side, then the judge should excuse them.There is an unlimited number of for cause challenges.It is not possible to challenge someone for cause simply because they might be biased.A potential juror needs to know that the person you are suing is a nurse.One of your peremptory challenges should be used when you have a gut instinct that someone isn't fair.Peremptory challenges cannot be used in a way that is discrimination.It is not possible to exclude jurors based on race, ethnicity, or sex.Make sure you have a non-discriminatory reason for using your peremptory challenges.The judge will ask the real reason.You should be able to say that she was married to a doctor.
Step 10: Find jury instructions.
You may need to give jury instructions to the judge.It can take a long time to pick the right jury instructions.The judge does not need to be instructed on the law in a bench trial.You should look to see if your state has jury instructions.The instructions are created by your state's bar committee.If you type "your state" and "pattern jury instructions", you can see if any are online.If you can't find them online, then visit your nearest law library, which may be at the courthouse or a nearby law school.The instructions could be on paper.All relevant instructions should be chosen by you.This can be difficult if you are not a lawyer.You will want a negligent instruction if you are in a lawsuit.You should consult with a lawyer if you don't know what to pick.Lawyers can't represent you in small claims court, but they can help you prepare your case for the best outcome.Pick the ones that seem most relevant from the pattern instructions.The judge will make the final decision on which instructions to give the jury.
Step 11: Your opening statement should be practiced.
bench trials are similar to jury trials.The opening statement is different.You will need an opening statement for a jury trial in most bench trials.A sneak peek of the evidence you will present is provided by your opening statement.List the witnesses you will call.Explain in a few sentences why you are calling them.You might call your real estate agent a witness because she heard the home seller say the roof was new.The order in which you will call the witnesses should be organized.Inform the witnesses what they will say.You will hear from a real estate agent namedRosa Smith.She will testify that the roof was put on just that year.Improve your pacing and eye contact with your audience.
Step 12: You can draft a closing argument.
You can make a closing argument after all the evidence has been presented.This is your chance to show how the evidence supports your side of the case.If you type up a page of text, don't read it to the jury.Don't memorize it.If you need to refer to your argument, outline it in bullet points.Begin and end with the strongest arguments.Take your notes to court.You can remember to mention the new information in your notes if a witness says something surprising during trial.
Step 13: If you need assistance, contact an attorney.
People don't need lawyers in the small claims court.You might have a lot of questions and not know where to turn.Court personnel can't give you legal advice or tips for trial strategy, so you should find a lawyer if you need someone to bounce ideas off.Contact your local or state bar association to get a referral to an attorney.Ask the attorney how much it will cost for a consultation.You might be able to get legal aid if you are low income.You can find the nearest legal aid office by visiting http://www.lsc.gov.