Who Can Request A Trial By Jury

Who Can Request A Trial By Jury

A Plaintiff and/or Defendant can request a trial by jury in civil cases. If the plaintiff makes a valid demand, the case will proceed as a jury trial regardless of whether the defendant objects. Only both parties consenting can waive this right once a proper demand is made.

Whereas in criminal cases, only the Defendant can request a trial by jury per the Sixth Amendment. While defendants can waive this right to pursue a bench trial (i.e. decided only by a judge), such a waiver often requires consent from the prosecution and the court.