Legal Question in Civil Litigation in California

Killing of animals

Can a judge award civil damages without a jusry trial if the defendant requests one?


Asked on 1/12/07, 2:52 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: Killing of animals

To answer your question, yes a judge sitting alone can award monetary damages in favor of a plaintiff and against a defendant. A jury is not required to award damages. When a party waives a jury trial, and has the judge hear the evidence and decide the case, it is called a bench trial.

Very truly yours,

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Answered on 1/18/07, 1:42 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Killing of animals

I'm not sure what your question has to do with the "killing of animals", but it's worth answering nonetheless.

Defendants have a right to a jury trial but they must exercise that right properly. If they don't, they can inadvertantly waive their right to a jury trial.

In most courts there is a deadline by which a party must demand a jury. In some courts the demand must be made when the party enters the case. In others the deadline may be shortly before trial. Most jurisdictions also require the party that demands a jury to post jury fees and set a date by which this payment must be made. These fees, in turn, help pay the jurors' per diems and expenses.

A defendant who misses one of these deadlines waives his right to a jury. In many jurisdictions the court can relieve the party from that waiver on a showing of good cause.

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Answered on 1/17/07, 7:17 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Killing of animals

If I were a defendant in a civil trial in which the plaintiff was seeking damages for the "killing of animals," I'd waive my right to a jury trial and take my chances with the judge.

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Answered on 1/17/07, 8:25 pm


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