For example, parties may contractually agree to waive a jury trial before any dispute arises. 1992) (finding that there was no right to a jury trial in a foreclosure proceeding) Federal Rule of Civil Procedure (FRCP) 38(e) (stating that there is no right to a jury trial for federal admiralty or maritime claims)).Įven on claims for which a right to a jury trial exists, the parties in a federal case may elect to proceed with a bench trial. 27, 2017) (finding that there was no right to a jury trial for a claim of nondischargeability in bankruptcy) FDIC v. Availability of a Bench Trialĭepending on the applicable law and jurisdiction, a bench trial may be automatic in certain cases, especially where the case entails equitable claims for which no right to a jury trial exists (see In re Cavender, 2017 WL 8218841, at *11 (Bankr.
The circumstances in which a bench trial is available (see Availability of a Bench Trial).
However, because of the significant impact the choice of a bench trial may have on the procedures and outcome of the case, counsel must carefully analyze various factors before deciding whether to pursue a bench trial. Courts and counsel often prefer bench trials, which can be more efficient and easier to navigate than jury trials, in part because the judge both acts as the finder of fact and rules on matters of law and procedure.
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