A bench trial does not involve a jury and gives the judge complete decision-making authority, which can be frightening. Fortunately, Diwan Law has the knowledge and experience to guide you through the process.
What is a bench trial?
A bench trial is a trial that does not involve a jury. Instead of jurors, the judge is the sole decision-maker. Before issuing their findings, he will hear both sides of a case and examine the evidence.
If the parties agreed to a bench trial if issues arose regarding the agreement, the case would be heard by the judge.
Even if a claim is eligible for a jury trial, lawyers must request one in writing.
What are the benefits of having a bench trial?
Bench trials are advantageous when both parties want the case to be resolved as soon as possible. A bench trial allows for greater flexibility, with judges having the option of starting the proceedings earlier or ending them later. On the other hand, a jury trial must follow certain rules, such as a specific start and end time and enough time for breaks.
Opening and closing statements are usually not required in bench trials, reducing the time spent in court.
There is also no need to ensure that specific arguments, such as questions about the admissibility of evidence, are not heard by the jury.
Lawyers can save time investigating potential jurors because they won’t have to deal with the jury selection process. They will not be required to draft jury selection questions or conduct research on prospective jurors.
Bench trials also ensure that the individual reviewing the case is a legal expert familiar with the legal arguments.
What are the drawbacks of a bench trial?
While a jury trial does not guarantee that a case will be decided in favor of the defendant, it can be advantageous in some cases. To avoid selecting jurors with biases against their client, the attorney must be cautious in their pre-trial juror research. Uncovering biases is difficult; creating a list of pre-trial jury questions can help.
A bench trial also has the disadvantage of the judge knowing all the evidence. They will look over everything submitted, even if the evidence is later excluded from the trial. Even if they try to be conscientious and base their decision on admitted documents, knowledge of unadmitted or frivolous evidence can sway their decision.
A bench trial judge is fully aware of the legal rules and is far less likely to let emotions or personal beliefs influence their decision. A judge will carefully weigh all evidence while considering previous case findings and federal and state laws.
Determine whether a bench or jury trial is appropriate for your case.
If you have a legal claim, your lawyer will advise you on the best type of trial for your situation. They will explain the advantages and disadvantages of each option and recommend an appropriate course for you.
If you are or may become embroiled in a contract dispute, call or contact our experienced litigation and breach of contract lawyer in Atlanta today for a free consultation.
* The information presented in this article does not constitute legal advice. All information, content, and materials presented on this website are for general informational purposes only. If your business is sued, we encourage you to contact Diwan Law before taking any action.
https://diwanlaw.com/wp-content/uploads/2022/11/skyline-scaled.jpg16912560diwanlawhttps://diwanlaw.com/wp-content/uploads/2017/12/diwan-law-logo.pngdiwanlaw2022-12-11 12:50:152022-12-25 13:42:42In Georgia, is it possible for creditors to seize your home?
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