Legal Question in Civil Litigation in Washington

if you pay for a jury trial and the court keeps hearing motions and making decision with out a jury are they in beach of contract


Asked on 2/15/10, 10:43 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

First, you cannot sue a court for breach of contract because you have no contract with the court. Second, although you may have elected for a jury trial, that does not mean a jury hears motions. In fact, only judges hear motions because they are what we call "questions of law," whereas juries hear testimony to determine "questions of fact." Once a jury decides what the facts are based upon the evidence presented to them, the judge then rules on the law that applies to those facts.

Pre-trial motions are never heard by a jury in Washington. The jury only hears the testimony in the trial itself, and even then, if often sequestered while certain motions are made to the judge. For example, whether a certain piece of evidence can be introduced or a motion dealing with the scope of a certain witness's testimony.

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Answered on 2/21/10, 5:37 pm


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