What is considered a bench trial?

A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench trials for most or all cases or for certain types of cases.

Why would a prosecutor ask for a bench trial?

A bench trial may require less time for the criminal defense attorney and, therefore, fewer fees for the client defendant. Sexually Explicit, Racially Charged Fact Patterns. The defendant and his or her defense attorney may believe that a judge is best able to deliberate the facts of the case.

How long do bench trials take?

SInce this is not a jury trial, it should not take more than 3 hours at the most unless you and/or the prosecutor have several witnesses to call.

Who determines the outcome in a bench trial?

judge
At a bench trial, the judge makes the same procedural decisions, hears the evidence, and decides whether the defendant is guilty or not guilty.

How is a bench trial different from a jury trial?

In a bench trial, the judge makes the final decision in the case after hearing the evidence. The judge not only decides the legal issues in the case, but is also the “fact finder” who decides who to believe and who ultimately wins or loses. FYI! Jury trials are more complicated than bench trials.

When does a civil case go to trial?

Most of those cases will resolve prior to the trial date. The remaining cases will go to trial on that date, starting with the oldest case first. The judge will conduct as many trials as she can during the time she has set aside on her calendar. If any cases remain, they are bumped to the next “stacked” trial date.

How to conduct a remote civil bench trial?

The key to a remote trial is preparation and patience. Testing internet connections ahead of time is important and required by the Judge’s trial protocols. Lexitas can work to test and recommend steps to improve internet connections. The lead plaintiff attorney reported an unexpected advantage to conduct the trial remotely.

What are the closing arguments in a bench trial?

The scope of closing argument is limited to the issues and evidence that were presented at trial. In a bench trial, the judge may not want closing arguments. The judge or the jury makes a decision. In a bench trial, the judge might announce her decision from the bench and later issue a written decision.

Can a bench trial be held in a civil case?

But a criminal bench trial will only occur if the right to a jury trial is waived. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed. However, a bench trial, can in some situations be preferable to a trial by jury.

Which is more important, a jury trial or a bench trial?

Although jury trials receive more attention than bench trials, it is important that bench trials are not overlooked. In the United States, if a civil case makes it to trial, then the matter will most likely be tried from the bench unless a party requests a jury.

Who is the ultimate decision maker in a bench trial?

Conversely, in a bench trial, the ultimate decision-maker is the judge. Unlike jury trials where a juror may learn little to nothing about a case before trial, cases tried from the bench present unique opportunities to shape the judge’s opinion of the case prior to trial.

How is the opening statement in a bench trial different?

The opening statement to a jury will focus on the facts. In a bench trial, however, the opening statement should weave the facts and law together. Describe the various theories of the affirmative case or defenses and then introduce the facts that will support those theories. Second, be even less repetitious than usual.

What should I expect at a bench trial?

Who is the judge in a bench trial?

In a bench trial, the judge makes the final decision in your case after hearing all the evidence. Generally, the judge who proceeds over the trial is the same judge who was assigned to your case when it was filed.

Can a bench trial be a good thing?

This can be a good or bad thing. In a bench trial, there is ample opportunity to present the court with arguments throughout the pretrial proceedings. For instance, a party may raise a creative argument in hopes of obtaining an order granting a motion to dismiss or motion for judgment on the pleadings.

Conversely, in a bench trial, the ultimate decision-maker is the judge. Unlike jury trials where a juror may learn little to nothing about a case before trial, cases tried from the bench present unique opportunities to shape the judge’s opinion of the case prior to trial.

Can a civil case be tried from the bench?

In the United States, if a civil case makes it to trial, then the matter will most likely be tried from the bench unless a party requests a jury. Thus, as a legal practitioner, it is essential to understand some of the nuances of a bench trial.

When does a court order a new trial?

The court may permit reply affidavits. (d) New Trial on the Court’s Initiative or for Reasons Not in the Motion. No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party’s motion.

This can be a good or bad thing. In a bench trial, there is ample opportunity to present the court with arguments throughout the pretrial proceedings. For instance, a party may raise a creative argument in hopes of obtaining an order granting a motion to dismiss or motion for judgment on the pleadings.

Can a trial court grant a motion for a new trial?

By narrow interpretation of Rule 59 (b) and (d), it has been held that the trial court is without power to grant a motion for a new trial, timely served, by an order made more than 10 days after the entry of judgment, based upon a ground not stated in the motion but perceived and relied on by the trial court sua sponte.