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Civil procedure

right to jury trial

The United States Constitution guarantees the right to a trial by jury in criminal prosecutions. In civil lawsuits (disputes over money, property, and other non-criminal matters), state constitutions provide for the right to trial by jury—but this right may be limited to certain types of claims. And in order to be entitled to a trial by jury in a civil matter, a party generally must file a written request for a jury trial and pay a jury fee a reasonable time before trial.

In New Jersey, the right to a trial by jury in criminal cases is protected under the Sixth Amendment of the U.S. Constitution, ensuring that anyone accused of a crime has the right to a trial by an impartial jury. In civil cases, the New Jersey Constitution also provides for the right to a jury trial, but this right is typically limited to certain types of disputes, such as those involving legal rights rather than equitable remedies. To invoke the right to a jury trial in a civil matter in New Jersey, a party must file a written demand for a jury trial within a specified time frame, which is generally outlined in the New Jersey Court Rules. This demand must be filed along with the payment of any required jury fee, unless the fee is waived due to indigence. Failure to timely request a jury trial and pay the associated fee may result in the right being waived.

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Civil procedure

right to jury trial

Individual & Family Legal Plan

Articles

New-Jersey State Code

New-Jersey State Code

Civil procedure

right to jury trial

Articles